US-Philippine defence deal to counter China is stuck in cold storage amid legal challenge

A US-Philippine defence agreement that would help counter China’s growing naval power in the disputed South China Sea has yet to be implemented more than a year after it was signed, and could now face a fresh political hurdle in Manila.

The deal gives US troops wide access to local military bases and approval to build facilities to store fuel and equipment for maritime security, but it was effectively frozen after left-wing politicians and other opponents challenged its constitutionality in the Philippine Supreme Court last year.

The court is expected to issue a ruling before US President Barack Obama visits Manila for an Asia-Pacific summit in November. The deal, called an Enhanced Defence Cooperation Agreement (EDCA), was signed just days before Obama last travelled to Manila in April last year.

In another complication, 13 senators in the 24-member Philippine Senate have signed a draft resolution insisting the upper house scrutinise the deal before it takes effect.

“In this resolution, we are saying we will not allow the power of the Senate to be eroded,” Senator Miriam Santiago, the principal author of the measure, said in a statement last week. The proposed resolution will be lodged in late July, when the Senate reconvenes after a recess.

While a Senate resolution would not be binding on President Benigno Aquino III, it would put pressure on him to allow senators to debate the agreement, which would delay it further, Philippine political experts said.