Jennifer Laude would have turned 36 in November. She would have been married, moved to Germany, and completed her dream home in Leyte. Jennifer would be described by a lot more words today if only she was not slain by US Marine Lance Corporal Joseph Scott Pemberton on October 11, 2014.

Nearly a decade later, however, lessons from Laude’s death seem to have been forgotten as President Ferdinand Marcos Jr. expedited the USD100-million Enhanced Development Cooperation Agreement (EDCA). This accord allows the US to exert a larger influence over the country’s political and military activities than ever.

Edcel John Ibarra, assistant professor from the UP Diliman Political Science Department, said Laude’s case may only be the first of many as civilians’ security and Philippine sovereignty are still left unaddressed with the impending return of US troops, all for the sake of boosting the Marcos administration’s legitimacy. Under EDCA, the country is also poised to become a flashpoint between US and China’s long-standing discord.

Malacanang’s Quest

The long history of US-Philippines relations became the basis of EDCA, starting from the 1951 Mutual Defense Treaty. The MDT was signed to bolster military cooperation after World War II. The two nations further strengthened their relations through the 1999 Visiting Forces Agreement that allowed US troops to conduct military exercises in the country, occupy bases, and participate in the annual Balikatan Exercise.

Following the Duterte administration’s threat to abrogate VFA, EDCA’s implementation was revamped by Marcos after a meeting with US Defense Secretary Lloyd Austin in February. Marcos even visited President Joseph Biden Jr. last May 1 to further deepen the ties between the two nations.

Ibarra, who specializes in maritime issues in the West Philippine Sea and regional security, said the Marcos administration could be pushing for EDCA to boost his popularity among the AFP brass and Filipinos who largely trust Washington over Beijing.

“Marcos could gain a legitimacy boost from adopting America-friendly policy because there’s a growing support for US relations in light of China’s aggression,” he said. “Or perhaps he’s trying to gain favor with the military. The military gained a lot from the Duterte administration, and he fears they are still loyal to him, and they are heavily pro-US.”

The US requested a total of nine military bases in different areas of the country, including Cagayan, Palawan, Nueva Ecija, and in Subic Bay where Pemberton killed Laude (see sidebar). 

With an expanded implementation of EDCA, the US will complete an arc around China, with similar bases in South Korea, Japan, and Australia that will provide US access to strategic locations should Xi Jinping’s government choose to annex Taiwan.

Washington’s expansion in the Indo-Pacific region was opposed by Beijing. In a bilateral relations forum on April 17, Chinese Ambassador to the Philippines Huang Xilian urged Malacanang to oppose US’s plan in helping Taiwan if the country “cares about the 150,000 overseas foreign workers.”

“We’re still waiting for details on Filipinos’ safety so it’s a valid concern. The risk for safety remains,” Ibarra said.

Back from the Stateside

The annual US-PH war games, the Balikatan, was completed on April 28 in Batanes, just a few kilometers south of Taiwan. This year’s goal is to simulate responding to any attacks coming from China, a pivot from an earlier Pentagon statement that the EDCA’s purpose is to aid the Philippine military in its modernization program and quick response in humanitarian causes.

External threats, such as China’s aggression and presence in Philippine waters, pose urgency for the government to rely on military alliances.

“It’s important to note that the Philippine Armed Forces is not designed for territorial or maritime threats, it’s designed for domestic security,” Ibarra said.

While one of the goals of EDCA is to enhance skills in foreign and territorial drills, Ibarra said that the agreement is only a small step in strengthening the military. A 2014 study suggests that the Philippines’s attempt to modernize the military has continuously failed because of past administrations’ dependence on alliances instead of boosting its self-competence.

“At the end of the day, tayo ang dapat nagbi-build ng ating defense capability. If we rely too much on EDCA or any other alliances, talo pa rin tayo,” he said.

Once approved, the US will have temporary control of several bases in different locations across the archipelago while providing Philippines humanitarian aid, security assistance, and sale of surplus military supplies.

Roland Simbulan, professor of development studies at UP Manila, said in a 2014 Senate hearing that EDCA will only isolate the country from the rest of Asia and will hinder economic growth.

“Proponents of EDCA promote the usual misconception that US forces will come to our rescue in the worst-case scenario should a shooting war over the Spratly Islands erupt between China and the Philippines,” he said in a Congressional testimony.

For Ibarra, Filipinos’ fear for their safety is reasonable as EDCA gradually becomes realized. “The danger here is baka maging overly reliant tayo sa foreign powers. The other risk remains with US soldiers committing crimes on Philippine soil.”

Human rights groups such as Karapatan called for the termination of EDCA and removal of US soldiers in the country.

“It puts the Philippines in the orbit of imperialist wars. Internally, it is bound to escalate and prolong conflict in the country and the resultant human rights violations,” they wrote in 2014 before the agreement was signed.

Under EDCA, only the US and Philippine military have authority to resolve issues that may arise. In essence, the accord will mirror the VFA that allowed all US soldiers to walk free despite several transgressions.

Ganda’s Lost Days

Nine years later, the lessons of Laude’s death appear to be lost in the government by allowing the US military to return and bestow them with judicial powers.

“She was full of joy. She was selfless, and did not get on bad terms with anyone,” Laude’s friend Roann Labrador told Rappler, days after the discovery of her body.

The family filed murder but Pemberton was only sentenced with homicide and six to 10 years in prison. He later received an absolute pardon from former President Rodrigo Duterte.

In Cagayan, a few hundred kilometers away from Balikatan, residents protested against EDCA’s implementation, fearing  for their safety from both China and US soldiers. 

The same concerns were raised in Mindanao since 2002 where several anti-terrorism operations were conducted jointly by AFP and US Marines that led to at least 15 deaths of Muslims. The Federal Bureau of Investigation has also reportedly conducted intelligence exercises without permission from the government or the people of Sulu.

None of these crimes have ever been penalized by Philippine laws, as Filipinos would be.

“Historically, abuses of American soldiers happened in the VFA. We must recognize this problem, and there are talks about reforming these agreements, but the risk remains,” Ibarra said. ●