MAIN ARGUMENT (PRO)

SUB ARGUMENT (PRO)

COUNTER ARGUMENT (CON)

1. EDCA is consistent with the

1987 Philippine Constitution.

EDCA provides that the access

and use of AFP facilities by the
US military will be at the
invitation of the Philippines and
with full respect for the Philippine
Constitution and Philippine laws.

EDCA was in the nature of an

international
agreement
that
needs the concurrence of at least
two-third all the members of the
Senate citing Section 21 of Article
7 of the 1987 Constitution, which
states: No treaty or international
agreement shall be valid and
effective unless concurred in by at
least two-thirds of all the
members of the Senate and
Section 25 of Article 18, which
provides that foreign troops, or
facilities shall not be allowed in
the Philippines except under a
treaty duly concurred in by the
Senate.

No permanent presence or base

by US troops in the Philippines.

EDCA is a basing agreement

that would restore US bases and
facilities in the country, which is a
violation of the provision of the
Constitution that prohibits foreign
military bases, and permanent
stationing of troops.

COUNTER TO COUNTER
ARGUMENT (PRO)
The constitutional provision which
prohibits the establishment of
foreign military bases... or
facilities in the country except
under a treaty duly concurred in
by the Senate does not apply to
EDCA.
The defining features of foreign
military bases extraterritoriality,
exclusivity in use and foreign
ownership will not be applicable
in the Agreed Locations.
On the other hand, the entry of
US military troops for military
exercises and other approved
activities is already allowed under
the PH-US Visiting Forces
Agreement (VFA) which is a
treaty concurred in by the Senate
and upheld by the Supreme
Court.
The provisions of EDCA, an
executive
agreement,
are
consistent with the Philippine
Constitution,
laws,
and
jurisprudence.
The Agreement is very clear on
this matter and specifies in the
Preamble
the
Parties
understanding for the US not to
establish a permanent military
presence or base in the territory
of the Philippines.

Under
EDCA,
before
constructions and other activities
can be undertaken, prior consent
of the Philippines will have to be
secured through the Mutual
Defense Board (MDB) and
Security
Engagement
Board
(SEB) which were established
under the Mutual Defense Treaty
(MDT) and the Visiting Forces
Agreement (VFA).

The Agreed Locations pertained

to in EDCA where the US forces
and troops shall be stationed are
akin to the former military bases.
It can contain houses or barracks
to accommodate an unlimited
number of US troops; weapons,
arsenals or silos; secure storage
buildings
for
prepositioned
supplies and war materials;
facilities for refueling, bunkering
and repairing warships or aircraft;
a perimeter wall which will
prohibit unauthorized entry; a
telecommunication systems and
separate facilities for water,
electricity and other utilities; and
that the locations can be used as
launching pads or sites for the
deployment of troops and war
materials to other countries like
the Sangley Point in Cavite, and
Ulugan Bay and Oyster Bay in
Palawan will be the forward base
against China.

EDCA does not authorize the

establishment of US bases. It only
allows the US military access to
Agreed Locations.
Agreed Locations under EDCA
pertains to designated areas in
AFP owned and controlled
facilities. US access to and use of
the Agreed Locations will be at
the invitation of the Philippine
Government and activities to be
undertaken under EDCA will have
to be approved by the Philippines
through the MDB and SEB.
The AFP base commander will
have access to the entire area of
the facilities shared with the US
military. The Philippines will also
own any building and similar
infrastructure that will be built by
the US military.
On the issue of using the
Philippines as launching pads or
sites for the deployment of US
troops and war materials to other
countries such as China, the US
government, has made it clear
that it does not and will not take
sides on the conflict between the
Philippines and China. Likewise,
EDCA reaffirms the desire of both
the Philippines and the United
States to strengthen international
and regional security and stability,
a common and shared interest of

EDCA is just an implementing

agreement to augment the
provisions of the Visiting Forces
Agreement (VFA) and the Mutual
Defense Treaty (MDT).

2. EDCA enhances defense

capability build-up of the Armed
Forces of the Philippines with the
conduct
of
training
and
prepositioning
of
military

The joint training exercises

between the armed forces of the
Philippines and United States
such
as
Balikatan
equip
Philippine soldiers with the

Since EDCA is related to VFA and

MDT, it is about the rebirth of the
Military Bases Agreement (MBA)
of 1947 that is already abrogated
in 1992.

countries in the region.

EDCA is not about rebirth of MBA
but an instrument that gives life to
MDT and VFA. The MDT
obligated the Philippines and the
United States to maintain and
develop their individual and
collective defense capabilities.
EDCA is therefore within the
ambit and in furtherance of the
MDT. The VFA, on the other
hand, lays out the terms and
conditions on the entry and visit of
US military personnel for military
exercises. These provisions shall
likewise apply to the entry and
temporary stay of US personnel
under EDCA. So, EDCA is like a
token or courtesy to our friend to
build a shelter inside our
perimeter, an accommodation for
a friend who is willing, able and
ready to defend us anytime. It is
not intended that he permanently
reside inside our house. If we
build shelters for dogs in our
backyards to guard our house
why we cannot allow the US to
build one so that they can help us
guard our sovereignty effectively.
The construction of facilities for
the US equipment is not
permanent. There is a clear
provision that the US would not
establish a permanent military

equipment.

technology of the state-of-the art

weaponry by US.
It prepares the AFP in its
territorial defense in case of
attack by hostile country since its
training and available military
hardware
are
limited
to
countering the local threats posed
by the CPP-NPA-NDF, ASG, BIFF
and other lawless groups.
It supports the AFP modernization
program by maintaining and
developing additional security,
maritime domain awareness and
humanitarian assistance and
disaster relief capabilities.
It addresses the countrys lack of
defense equipment. It gives the
AFP a chance to acquire more
modern military hardware at a
reasonable price.

Facilities
for
the
military
equipment of the United States
will be built in designated areas
within in some AFP bases to be
agreed upon by both parties
Philippines
and
US.
The
construction of these facilities
provides jobs to Filipinos and
other economic opportunities
(procurement of local goods and

presence or base in the

Philippines.
New facilities introduced by the
US with the consent of the AFP
using US money from Day One,
would already be Philippine
government property. (National
Defense Undersecretary Pio
Lorenzo Batino)
US would not be allowed to
dismantle or bring home any of
the facilities built under EDCA
when the agreement ends.

Possible transfer or purchase of

materiel determined to be excess
to the Philippine Government. A
good example of these is the
acquisition of the BRP Gregorio
Del Pilar (PF-15) and BRP
Ramon Alcaraz (PF-16), vessels
considered surplus by the US
Coast Guard.
Nuclear weapons are prohibited
in compliance with the Philippine
Constitution.

supplies by US military and

personnel). These equipment are
not limited to the military use but
will also be used in humanitarian
assistance and disaster response
(HADR) in the event of disaster.
3. EDCA will enhance the EDCA
will
improve
the
humanitarian assistance and humanitarian assistance and
disaster relief operations (HADR) disaster relief operations by
capability of AFP.
conducting relief cooperation
activities to be ready and prevent
more
casualties
if
such
circumstances
arise.
One
example is the aftermath of the
Typhoon Yolanda (Haiyan).
EDCA
will
improve
the
humanitarian assistance and
disaster relief operations through
the construction of facilities and
infrastructures upgrade. Another
is the storage and prepositioning
of HADR equipment, supplies,
and materials.
EDCA
will
improve
the
humanitarian assistance and
disaster relief operations through
faster response in case such
calamities arise. The response
time will be less to prevent more
casualties and rescue survivors of
such calamities.

The Philippines could conduct Yes but EDCA would enhance the
disaster relief operations activities conduct of relief operations
by itself.
activities that the country could
not provide as of the moment.

The Philippines could also do EDCA will provide more support,

such upgrades and construction.
facilities and materials for the
upgrades and construction of
infrastructure for the humanitarian
assistance and disaster relief
operations. Also, EDCA could
provide equipment that the
Philippine lacks for the disaster
response.
The government could also The US troops could respond
provide rescuers for calamities for faster for they are already in the
a short period of time.
country, in cooperation with the
troops of the Philippines. The
countrys sector responsible for
the
disaster
response
has
materials and equipment but the
equipment and troops of the US
could also help in preventing
more damage and casualties. It
will take a shorter period of time

to respond but the number of

survivors will increase and will
lessen the casualties of such
calamities.