The Supreme Court on Tuesday rescheduled the deliberation on the constitutionality of the Enhanced Defense Cooperation Agreement (Edca).
Questions on the constitutionality of Edca will be tackled on the high court’s next en banc session on Monday, Nov. 16.
Sources said some of the justices requested more time to decide on the issue while Associate Justices Jose Catral Mendoza and Arturo Brion were on sick leave.
The Edca, which has an initial term of 10 years, is signed in time for the state visit of US President Barack Obama on April 28 last year as part of his four-nation Asian tour.
Petitioners said the government violated several provisions of the Constitution, including the ban on foreign military bases and facilities without Senate concurrence.
Petitioners also cited the danger that Edca might facilitate the entry of nuclear weapons into the Philippines, which was barred by the Constitution.
Among the petitioners are former Senators Rene Saguisag and Wigberto Tanada as well as militant lawmakers Bayan Muna’s Neri Colmenares and Carlos Zarate.
Named as respondents are Executive Secretary Paquito Ochoa, Defense Secretary Voltaire Gazmin, Foreign Affairs Secretary Albert del Rosario, Budget and Management Secretary Florencio Abad, former AFP chief Gen. Emmanuel Bautista, Defense Undersecretary Pio Lorenzo Batino, Ambassador Eduardo Malaya, Ambassador Lourdes Yparraguirre, Justice Undersecretary Francisco Baraan III, and Assistant Defense Secretary for Strategic Assessments Raymund Jose Quilop.