Discerning the constitutionality of the Enhanced Defense Cooperation Agreement

• Main Authors: Beloso, Darlene Mae, Gaverza, Justine Stefan Mapple
• Format: text
• Language: English
• Published: Animo Repository 2014
• Subjects: Military assistance, American > Philippines; Philippines > Military relations > United States; United States > Military relations > Philippines
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/8398
• Institution: De La Salle University

The Enhanced Defense Cooperation Agreement or EDCA has been a point of contention, currently it is classified as an executive agreement in the status quo. The study aims to address whether or not the EDCA is constitutional, first by analyzing whether it should be classified as an international treaty or as an executive agreement then testing for its constitutionality based on parameters based on that. The EDCA was found to be classified as a treaty. With the conclusion that the EDCA is a treaty it was tested for constitutionality through three constitutional provisions and was found to violate them all. As an analysis of the current literature, the study has indicated that the EDCA is unconstitutional.