‘MLSA has constitutional defects’

Vice President Teofisto Guingona Jr. questioned yesterday the wording of the Mutual Logistics Support Agreement (MLSA), warning that "constitutional defects" in the accord could draw Manila into a US-Iraq war.

Guingona said the MLSA should be submitted to the Senate for approval because it is not just an "administrative agreement."

"Do not thrust upon us the MLSA and pass it off as a simple, boring, administrative and accounting agreement supposedly beneficial to the nation," he told reporters.

"Because basic change of law needs Senate concurrence, and it is they who judge for the Filipino people, not foreigners no matter how powerful," he said.

Guingona resigned from his second post of foreign affairs secretary last July 15 after he publicly opposed the deployment of US troops in Mindanao for an anti-terrorism exercise earlier this year.

The MLSA commits both allies to exchange fuel, supplies and non-lethal equipment, but Guingona criticized what he described as vagueness in the wording of the accord.

He cited a section of the agreement that commits the Philippine and US militaries to cooperative efforts "within Philippine territory or outside Philippine territory in cases where either party, or both, have decided to participate."

"In the wake of issues confronting the Middle East, we ask: Does not cooperative efforts other than activities under existing US-Philippine agreements include activities of a military campaign in which one party is involved and the other party is not?" Guingona argued.

"The US has time and again manifested its intention on Iraq. Is this also our national intent? If the activity entails sending troops there, does this mean that we should do likewise? Will this be to the nation’s benefit?" he asked.

Guingona said the Constitution states that it is the Senate who should decide, not only military officers representing both nations, if Filipino troops should go to war.

He said he has formally asked his successor, Foreign Affairs Secretary Blas Ople, to explain to him "some remaining concerns that I have" over the agreement.

"We say to our strongest ally — if you really desire to strengthen our drive for meaningful peace and order — lend us the tools and the technology and we will do the job. But do not impose on us," he added.

Reacting to Guingona’s criticism, Malacañang said there was nothing vague in the document that could violate constitutional prohibitions.

"I think the document is fairly easy to understand. This is available and anybody can read this document," Press Secretary Ignacio Bunye said.

"We’re sure that this will pass muster under any constitutional or legal standards," he stressed.

Bunye gave no indication that the presidential palace would try to explain the agreement to Guingona.

"Definitely, the Vice President has to be informed. At least the document and maybe notes can be exchanged on the matter, comments can be considered. But beyond that, I don’t have any details of what will be done by the palace," he said.

Armed Forces spokesman Brig. Gen. Eduardo Purification said navy Commodore Ernesto de Leon and a representative of the US Defense Department, US army Col. Mathias Velasco, signed the MLSA early Thursday at Camp Aguinaldo in Quezon City.

The agreement specified that no US military base, facility or permanent structure will be allowed, apparently to appease critics who said the MLSA was a cover for the return of US bases closed in the early 1990s.

In 1992 the US shut down its two large military bases in the Philippines when the Senate rejected a treaty extending the bases’ leases.

Nationalist and leftist groups – who are leery of any US military influence in the country – had earlier raised questions over the MLSA, which they claimed went against constitutional provisions banning the basing of foreign military in the country.

The agreement is designed to enable "reciprocal logistic support" between the armed forces of the two countries for the duration of an "approved activity" such as "combined exercises and training, operations and other deployments."

It also shall apply during "other cooperative efforts" such as humanitarian assistance, disaster relief and rescue operations and maritime anti-pollution efforts within or outside Philippine territory.

The MLSA covers communications equipment, storage facilities, general purpose vehicles and other non-lethal equipment.

Supplies such as food, water and fuel, and support and services such as billeting, transportation, communications and medical services, will be exchanged or transferred under the agreement.

But it will not allow the transfer of major armaments such as weapons systems, guided missiles, naval mines, nuclear ammunition and warheads and chemical weapons.

Although the agreement will remain in force for five years, both sides are to review it one year before it expires for a possible extension. – With Marichu Villanueva