THERE SEEMS to be backtracking on the assertion by President Duterte that the Philippines would terminate the Visiting Forces Agreement (VFA).
The VFA was passed by Senate in 1999. The vote was 18 senators in favor and five against.
Last week Senate leaders filed a courteously-worded resolution calling on President Duterte to reconsider his plan to unilaterally withdraw from the VFA.
The resolution was filed by Senate President Vicente Sotto III, Minority Leader Franklin Drilon, and Sen. Panfilo Lacson.
The resolution asked Mr Duterte not to push through with the unilateral abrogation of the VFA while the Senate is conducting an impact assessment to ensure the safety and security of the country and the Asia-Pacific and to maintain the balance of power in the region.
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There have been three occasions on which the military relationship between the Philippines and the US has been developed. These are:
The Mutual Defense Treaty (1951)
The Visiting Forces Agreement (1999)
The Enhanced Defense Cooperation Act (EDCA)(2014)
EDCA was signed by President Benigno Aquino without the concurrence of Senate. This was challenged by Senator Miriam Defensor Santiago who quoted, as did Senator Franklin Drilon recently, Article VII Section 21 of the Constitution which says that “no treaties or international agreements shall be valid and effective unless concurred in by at least two-thirds of all the members of the Senate.”
I recall that at the time, US Ambassador to the Philippines, Philip Goldberg, was pushy about the rapid approval of EDCA due to the imminent visit of US President Obama and prevailed on President Aquino to sign the agreement without Senate approval. Disappointingly, President Aquino agreed. Senator Miriam Defensor Santiago then appealed to the Supreme Court which, by a majority decision, denied for appeal.
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What’s next?
There three possibilities:
1. Abrogate VFA as
President Duterte originally specified.
This requires 180 days notice.
2. Renegotiate VFA.
In 20 years, there has only been one occasion on which VFA has been challenged.
This was when Judge Pozon found US Serviceman Daniel Smith guilty of rape and
immediately implemented Smith’s incarceration.
This was contrary to the VFA which says that all legal proceedings have to be completed before a US serviceman is imprisoned in a Philippine jail. As US Ambassador to the Philippines, Kristie Kenny said at the time: “This is a problem that we gotta fix.” Smith was then confined to the US Embassy in Manila until, eventually, the Court of Appeal overturned Judge Pozon.
I do not believe the US would agree to any changes in the VFA to the judicial procedures if a US serviceman were to be tried in a Philippine court.
1. Do Nothing.
I believe this is the best option./PN
