‘Good faith can make VFA work’

MANILA, Philippines - Foreign Affairs Secretary Albert del Rosario said yesterday the Visiting Forces Agreement (VFA) is not a perfect agreement, but a material revision of the VFA at this time, particularly the custody provision, is not plausible.

Speaking on ANC television, Del Rosario said the Philippine and US governments know that the VFA is not a perfect agreement.

“We have two parties that are acting in good faith to make it work,” he said. “I think if you have good faith, even if the agreement is imperfect, I think you can expect a successful undertaking vis-a-vis having a perfect agreement where there’s no good faith on the part of the parties involved.” 

Del Rosario said the Philippines has obtained excellent cooperation from the US in having US Marine Joseph Scott Pemberton, who is accused of killing transgender Jeffrey “Jennifer” Laude, detained before being charged.

It is a manifestation of cooperation, he added.

Del Rosario assured the Laude family that the Philippines and US are committed to seeking justice.

“We’re committed so that justice will be delivered and it will be served,” he said.

Del Rosario said calls to declare Pemberton an undesirable alien is a contradiction to the search for justice.

“He should undergo the legal process,” he said. “How can he undergo the legal process when he’s not in the Philippines? So I think the best option is to pursue, keep him in the Philippines, pursue the legal process and let justice be served.” 

Del Rosario said anyone can request for the VFA’s review, but only the President of the Philippines can act on it.

“Strictly speaking, only the executive branch has the authority to submit VFA to to review, to be able to abrogate,” he said.

The VFA provides that both sides or either side can terminate the agreement subject to advice given to the other party “so that after 180 days the termination can be made effective.”

Resolutions were filed in the House of Representatives and the Senate for the abrogation of the VFA.

Del Rosario said he had written a letter to the US that the Philippines intends to request custody of Pemberton, who is detained in Camp Aguinaldo.