By CONG B. CORRALES Associate Editor YOUTH activists yesterday expressed dismay over the ruling of the Supreme Court that upheld its earlier decision on the constitutionality of the Enhanced Defense Cooperation Agreement (Edca). The SC yesterday declared with finality that the agreement between the Philippines and the US is constitutional. Vennel Chenfoo of the Alyansa ng mga Kabataan Laban sa Panghihimasok ng Amerikanong Sundalo (Aklas) said they condemn in the strongest terms the latest ruling of the high tribunal. “This ruling finalizes the ‘legality’ of Edca. This only shows that we are an American colony still,” said Chenfoo. Chenfoo said they would be holding an indignation rally in front of Lumbia airport on Friday. “Padayong kami nga mubarog para sa nasudnong soberanya,” Chenfoo said. The high tribunal voted 9-4 to affirm its earlier decision that Edca is constitutional. The Supreme Court denied the motion for reconsideration filed by Bagong Alyansang Makabayan (Bayan) in January. The defense agreement would allow the US to use five military bases in the country which would include the conversion of Lumbia airport here as US troops’ jump-off point and supplies station. Other facilities identified by the defense agreement are the Antonio Bautista air base in the western island of Palawan, Fort Magsaysay in Nueva Ecija, Basa air base in Pampanga, and the Mactan-Benito Ebuen air base in Mactan, Cebu. The petitioners argued that the SC erred when it ruled that the Edca was not a treaty. The petitioners claimed that the Edca must be in the form of a treaty in order to comply with the constitutional restriction under Article XVIII, Section 25 of the 1987 Constitution on foreign military bases, troops and facilities. They reiterated their arguments on the issues of telecommunications, taxation and nuclear weapons. To this, the SC said that “(p)etitioners do not present new arguments to buttress their claims of error on the part of this Court. They have rehashed their prior arguments and made them responsive to the structure of the Decision in Saguisag, yet the points being made are the same.” The Edca was signed in April 2014 when US President Barack Obama visited the Philippines. In its Jan. 12, 2016 decision, the SC recognized the authority of the President to enter into an executive agreement involving foreign military bases pursuant to Article 18, Section 25 of the 1987 Constitution. This was the reason why the highest court of the land dismissed the petitions questioning the Edca. Under the provision of the 1987 Constitution, the President is allowed to enter into an executive agreement involving foreign military bases if the agreement is just the implementation of the existing law or treaty. According to the SC, the Edca is an executive agreement for the implementation of the treaties which allow the presence of foreign troops or foreign facility in the country. The treaties are the Visiting Forces Agreement (VFA) and the Mutual Defense Treaty (MDT). The SC said that because the Edca is an executive agreement, it does not anymore require the ratification by the Senate. With this, the SC declared the Edca as constitutional. Chief Justice Maria Lourdes Aranal-Sereno was the ponente of the decision. The four magistrates who also voted on Tuesday against the constitutionality of the Edca were Associate Justices Teresita Leonardo-de Castro, Arturo Brion, Estela Perlas-Bernabe and Marvic Leonen. Associate Justice Francis Jardeleza inhibited from the voting because he was a former solicitor general and handled the case of the Edca. (with reports from pna)