MANILA — The Supreme Court (SC) on Tuesday did not issue a temporary restraining order (TRO) against the implementation of the Enhanced Defense Cooperation Agreement (EDCA) between the Philippines and the United States.
Instead, the High Court ordered the respondents in the case to submit their respective comment on the petition questioning the constitutionality of the EDCA within 10 days from notice.
The respondents are Executive Secretary Paquito Ochoa Jr. and Defense Secretary Voltaire Gazmin.
Meanwhile, the SC ordered the consolidation of the petitions against the EDCA filed by former Senators Rene Saguisag and Wigberto Tanada and the group of Bagong Alyansang Makabayan.
The petitioners argued that the EDCA violates Article 2, Section 8 of the 1987 Constitution, which prohibits the entry of nuclear weapons into the country because the EDCA does not state that it prohibits the entry of nuclear weapons into the Philippines.
They cited that only the prepositioning of nuclear weapons is prohibited under the EDCA.
The petitioners further argued that the EDCA should be nullified because it compromises the national interest.
They also believe that the EDCA is a treaty which requires the ratification by the Senate.