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MANILA, Philippines – Even the Judicial and Bar Council, the body tasked to screen candidates for vacancies in the Supreme Court, could not evade Miss Universe-type questions.
On the last day of public interviews, Court of Appeals (CA) Associate Justice Mariflor Punzalan-Castillo, one of the 16 nominees to the Supreme Court, was tossed a question from Twitter: “What will she say to the newly-crowned Miss Universe if she ever meets her in person?”
Miss Philippines candidate Pia Alonzo Wurtzbach won the Miss Universe 2015 crown on December 20 in Las Vegas, besting 79 other women from around the world. Her victory was not without controversy, however, as pageant host Steve Harvey mistakenly announced Miss Colombia Ariadna Gutierrez as winner before Wurtzbach was crowned.
Castillo told JBC members: “I will tell her that bringing back the US military bases is unconstitutional.”
Castillo was referring to Wurtzbach’s response in the first question-and-answer portion of the Miss Universe contest. She was asked if she thinks the United States should have a military presence in the Philippines.
“I think that the US and the Philippines have always had a good relationship with each other. We’ve been colonized by the Americans and we have their culture in our traditions even up to this day. The Philippines is very welcoming with the Americans and I don’t see any problem with that at all,” the 26-year-old Wurtzbach replied.
Castillo disagreed with Wurtzbach, emphasizing that “there should be no military base [in the Philippines] unless concurred by Congress or approved by the people in a plebiscite.”
EDCA
Castillo also told the JBC she would declare unconstitutional the Enhanced Defense Cooperation Agreement (EDCA) signed on April 28, 2014 by Defense Secretary Voltaire Gazmin and US Ambassdor to the Philippines Philip Goldberg.
“Strictly speaking, the Supreme Court can pass on the constitutionality of an executive agreement. I think I would declare it unconstitutional because US personnel and troops are here because of that. Structures are being built to store their weapons,” she said.
The EDCA gives US troops wider access to Philippine bases and allows joint activities between the two countries’ militaries – the prepositioning of US equipment in designated areas within a few bases of the Armed Forces of the Philippines, the construction of related facilities to accommodate such prepositioning, as well as other enhanced defense cooperation activities.
Proponents had said that any prepositioning of equipment will need the consent of the Philippine government.
EDCA was negotiated against a backdrop of an increasingly aggressive China in the West Philippine Sea. And given this context, Castillo admitted it would be difficult to secure a unanimous ruling from the Supreme Court.
“I think there would be no unanimous decision because China is really a bully right now,” Castillo said, responding to a question on whether it would be wise to have an American presence here to counter China’s aggression.
The legality of EDCA is also being questioned, and is set to be decided on by the Philippine Supreme Court. Last November 10, the High Court deferred its verdict on the constitutionality of the defense agreement, with some magistrates asking to postpone deliberations to January 2016. – Rappler.com
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