MLSA to be implemented before Senate approval

The Mutual Logistics Support Agreement (MLSA) between the Philippines and the United States will be implemented even before the Senate can decide whether it is subject to the chamber’s ratification, Foreign Affairs Secretary Blas Ople declared yesterday.

Ople made the statement after the first Senate hearing on the MLSA left senators still unconvinced that the MLSA is indeed a mere technical agreement as alleged by Ople and Defense Secretary Angelo Reyes, and does not need Senate ratification.

The hearing was conducted by the Senate committee on foreign relations headed by Sen. Manny Villar, and the Senate committee on national defense headed by Sen. Ramon Magsaysay Jr.

"The implementation of the MLSA is not contingent on the Senate decision because this is not a treaty but a mere executive agreement," Ople maintained.

He said that technically, the MLSA becomes effective upon its signing by officials of the Philippines and the United States.

"But we need to complete some internal requirements ... and then notify the US about this before it actually becomes effective," Ople added, without defining what are these internal requirements.

He said he expects the "internal requirements" to be completed in two weeks.

Senate President Franklin Drilon, however, warned that the MLSA would become non-binding if the Senate decides that it needs ratification and it is not submitted to the Senate for ratification.

He said that the chamber would demand that the MLSA be submitted to the Senate if the two Senate committees recommend the need for ratification, and the Senate approves the recommendation.

Drilon stressed that while it is the prerogative of the President to sign any agreement, it is also the prerogative of the Senate to decide if the MLSA needs Senate ratification or not.

Villar feared that there would be an impasse if the Senate decides that the MLSA is a treaty and, therefore, needs Senate ratification.

"If that is our sentiment, then we might have to go to the Supreme Court to protect the Senate as an institution," he said.

He stressed, however, that he considers more important the determination of whether or not the MLSA would be used to involve the Philippines in any war against a foreign country.

"We do not want to be dragged into any war. I would like to make sure that the MLSA will not be used by the US government as a justification to get into any war with any country," Villar said.

In a related development, Vice President Teofisto Guingona Jr. said yesterday he has accepted the challenge of Ople and Defense Secretary Angelo Reyes to bring the question of the MLSA’s ratification before the Supreme Court.

Guingona said he is also ready to debate Ople on the controversial agreement before the National Press Club or Foreign Correspondents Association of the Philippines.

"I’d be happy to debate," he said. "I’m willing to debate. I’d be willing to file a case. But first things first. The Senate is already looking into the MLSA and they must answer the questions that have been raised."— With reports from Aurea Calica, Mayen Jaymalin, Romel Bagares, Sandy Araneta