1/26/2021 Case Digest: Saguisag vs Ochoa Jr.

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Case Digest: Saguisag vs Ochoa Jr.
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ISSUE:  Whether or not the Enhanced Defense Cooperation Agreement (EDCA) between the Republic of August 2020
the Philippines and the United States of America (U.S.) constitutional  July 2020
June 2020
FACTS:  petitioners respectfully pray that the Honorable Court RECONSIDER, REVERSE, AND SET - April 2020
ASIDE its Decision dated January 12, 2016, and issue a new Decision GRANTING the instant consolidated March 2020
petitions by declaring the Enhanced Defense Cooperation Agreement (EDCA) entered into by the October 2019
respondents for the Philippine government, with the United States of America, UNCONSTITUTIONAL September 2019
AND INVALID and to permanently enjoin its implementation.    petitioners claim this Court erred when it August 2019
ruled that EDCA was not a treaty.[5] In connection to this, petitioners move that EDCA must be in the March 2018
form of a treaty in order to comply with the constitutional restriction under Section 25, Article XVIII of the
1987 Constitution on foreign military bases, troops, and facilities.[6] Additionally, they reiterate their
arguments on the issues of telecommunications, taxation, and nuclear weapons.[7]    Petitioners assert Categories
that this Court contradicted itself when it interpreted the word "allowed in" to refer to the initial entry of All
foreign bases, troops, and facilities, based on the fact that the plain meaning of the provision in question Agrarian Law
referred to prohibiting the return of foreign bases, troops, and facilities except under a treaty concurred in Articles-of-incorporation
by the Senate    Secondly, by interpreting "allowed in" as referring to an initial entry, the Court has simply By-laws
applied the plain meaning of the words in the particular provision.[10] Necessarily, once entry has been Constitutional Law
established by a subsisting treaty, latter instances of entry need not be embodied by a separate treaty. Criminal Law
After all, the Constitution did not state that foreign military bases, troops, and facilities shall not subsist or Law
exist in the Philippines. 
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DECISION:  Yes 

RATIO DECIDENDI:  The EDCA did not go beyond the framework. The entry of US troops has long been Continue as Kad
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authorized under a valid and subsisting treaty, which is the Visiting Forces Agreement (VFA).[14] Reading
the VFA along with the longstanding Mutual Defense Treaty (MDT)[15] led this Court to the conclusion
that an executive agreement such as the EDCA was well within the bounds of the obligations imposed by
both treaties.    Thus, we nd no reason for EDCA to be declared unconstitutional. It fully conforms to the
Philippines' legal regime through the MDT and VFA. It also fully conforms to the government's continued

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policy to enhance our military capability in the face of various military and humanitarian issues that may
arise. This Motion for Reconsideration has not raisedHOME any additional legal arguments
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revisiting the Decision.    Principles:      On verba legis interpretation... verba legis      Petitioners' own
interpretation and application of the verba legis rule will in fact result in an absurdity, which legal
construction strictly abhors.      The settled rule is that the plain, clear and unambiguous language of the
Constitution should be construed as such and should not be given a construction that changes its
meaning    With due respect, the Honorable Chief Justice Maria Lourdes P. A. Sereno's theory of "initial
entry" mentioned above ventured into a construction of the provisions of Section 25, Article XVIII of the
Constitution which is patently contrary to the plain language and meaning of the said constitutional
provision.  

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