DFA: No need to review VFA

Any recommendation for a review and revision by Congress of the RP-US Visiting Forces Agreement (VFA) is not necessary at the moment, the Department of Foreign Affairs (DFA) said yesterday.

Foreign Affairs spokesman Gilbert Asuque said the DFA, which chairs the Presidential Commission on the Visiting Forces Agreement (VFACom), does not see the need at this time to revise the treaty because of what some quarters regard as "gray areas" in the agreement over the issue of who will have custody of US servicemen involved in criminal offenses.

"I don’t know why we’re talking about revision when this is the first time that we’ll see this treaty tested in the case. Let it work and that’s the job of the DFA to implement its obligation under the treaty," Asuque said.

On the other hand, Foreign Affairs Secretary Alberto Romulo said he would not oppose moves for a review of the treaty by Congress.

Romulo clarified before a news conference in Busan, South Korea that the DFA, being part of the executive department, merely implements what Congress has ratified.

"We are merely implementers of whatever is made by Congress. I’m no longer a senator but the policy emanates from Congress. So if they so desire (to review the VFA), we will support that," he said.

Romulo, who is among the officials accompanying President Arroyo to the Asia Pacific Economic Cooperation (APEC) leaders’ summit in South Korea, refused to comment on what provisions of the VFA should be reviewed by Congress.

"At some point, we will be called to testify (before Congress) so I’ll reserve my comments until then," he said. "The members of Congress are wise. I was wise once upon a time."

Officials and lawmakers pointed to the need for a review of the provisions of the VFA, particularly on the issue of custody of erring US personnel involved in criminal offenses.

Six US Marines were recently charged in the rape of a 22-year-old Filipina in Subic, Zambales. They are currently under US custody here while an investigation continues.

Asuque, for his part, admitted there were loopholes in the treaty and stressed Congress has the power and authority to remedy the situation.

Asuque, however, preferred to give the VFA a chance in order to test the intention of the treaty.

"We must give the treaty a chance to implement the provisions and the intent of the treaty. At this point, there is no need to review the treaty since we are exerting every effort to make the treaty work," Asuque said in Filipino.

DFA Undersecretary Zosimo Paredes, executive director of VFACom, said they would formally recommend a review of the VFA, particularly on the issue of custody.

Paredes claimed he had earlier raised the issue with Romulo, citing the "silent" provision on the custody of erring US military personnel.

Paredes said he had recommended that custody of the American servicemen should be given to the Philippine government, citing this was "an extraordinary case" even if the US invokes a guarantee to make them available for trial while under their custody.

According to Paredes, the implementing rules and regulations (IRR) of the VFA has not been approved since VFACom has yet to convene.

Without the IRR formal approval, Paredes said "it lacks the brand of finality."

Sen. Miriam Defensor-Santiago, on the other hand, called for the abolition of the VFACom, citing the alleged "improper conduct prejudicial to national interest" of Paredes during the review conducted by the Legislative Oversight Committee on the Visiting Forces Agreement (LOVFA) on the provisions of the VFA on the issue of custody.

Santiago sent the request to Sen. Manuel Villar Jr., chairman of the Senate committee on finance, recommending a "zero budget" for VFACom.

Santiago, co-chairwoman of LOVFA, took exception to the remarks made by Paredes during the end of last Thursday’s hearing.

Paredes told the members of the committee that he was insulted by Santiago during the hearing when she made it appear that he was not knowledgeable of the VFA.

Santiago questioned the statements reportedly made by Paredes that the VFA does not prevent the six accused US servicemen from leaving the country.

He was also quoted as saying that under the VFA the accused is only required to be present when needed during litigation.

Santiago said that she has not heard any clarification or denial from Paredes regarding the quotes.

Villar, for his part, said he supports Santiago’s recommendation to deliver a message to the government to protect the interests of aggrieved Filipinos, particularly in cases involving foreigners.

"In this case, a Filipina was raped. Of course, she expects the support of our government officials. The message should be clear that we will not tolerate this kind of attitude from our government officials," Villar said.

Custodial interference

On the other hand, Subic Bay Metropolitan Authority (SBMA) officials clarified they never had custody over the six American servicemen accused of rape.

SBMA administrator Armand Arreza said the six servicemen were never turned over to the SBMA since they were immediately transferred from their ship to the custody of the US military attaché who invoked the VFA.

The SBMA also denied accusations hurled by Justice Secretary Raul Gonzalez that some of its officials, in particular retired general Jose Calimlim, allegedly did not follow rules and procedures under the VFA over the issue of custody of erring US servicemen.

"Once and for all we want the SBMA be cleared from accusations hurled by Justice Secretary Raul Gonzalez that the (SBMA) has bungled in ensuring Philippine custody over the six suspects," SBMA chairman Feliciano Salonga added.

Salonga clarified that the SBMA never had custody of the six servicemen. He said the American soldiers were immediately transferred from their ship to the US Embassy in Manila.

Salonga and Arreza took up the cudgels for Calimlim, SBMA senior deputy administrator for operations, whom Gonzalez singled out last Thursday for committing "lapses" based on statements by the rape victim’s lawyer Katrina Legarda.

Legarda accused Gonzalez of bungling the case by losing the Philippine jurisdiction over the six American servicemen implicated in the alleged rape.

Gonzalez vehemently denied Legarda’s accusations and pointed to Calimlim as the one responsible for the so-called lapses when he merely accepted a verbal request by the US Embassy for a turnover.

Gonzalez said his impression was that the US government gained custody over the six accused through an informal request made by the defense attaché of the US Embassy he identified as a certain Col. Eric Cook.

Gonzalez recalled directing the chief prosecutor of Olongapo City to secure the suspects for inquest investigation when he learned about the alleged rape last Nov. 2.

Upon arriving in Subic, the prosecutor was informed by Calimlim that the six American soldiers were released to the US Embassy upon the request of the defense attaché.

"I wish our officials didn’t blame or accuse us of lapses because nobody wants to put anyone in harm but we tried to solve the problem for the good of everybody," Calimlim told The STAR.

Calimlim said Gonzalez called him on the morning of Nov. 3 to tell him that he would be sending the Olongapo City prosecutor to inquest the six American soldiers.

While waiting for the inquest fiscal, Calimlim disclosed there had been intense negotiations when the commander of the USS Essex initially insisted on bringing the six servicemen back to their base in Okinawa but promised they would be presented before the Philippine courts once summoned.

"I even wisecracked that we can send our fast patrol boats and try to block the US warship from leaving the port. And we all laughed at my suggestion because the huge ship can just run them over," Calimlim said.

He said Salonga and Arreza were able to negotiate with the USS Essex commander, who was assisted by their US JAG and another Jusmag official, that they would leave behind the six American servicemen provided they were placed under the custody of Col. Cook at the US Embassy in Manila.

Calimlim recalled Arreza, along with Timoteo Soriano, the van driver who was a principal witness in the rape case, was already at the Subic pier where the USS Essex was docked, to wait for the six suspects to disembark from the warship and from there, each would be properly identified and questioned by the Olongapo prosecutor.

But the Olongapo fiscal did not arrive in Subic until way past 11 a.m. when Cook had already taken the six American servicemen under his custody and returned to Manila.

Despite this setback, Calimlim believed the ends of justice were not compromised for the Filipina rape complainant.

"I think that was a win-win solution. That was the best solution we could achieve with the cooperation by the US and respect of our laws and the VFA," Calimlim said.

"At least, we have asserted our rights as a nation against a superpower like the US," Calimlim said, adding: "And now, they are blaming us for that?"

‘Nobody made a mistake’

Malacañang, on the other hand, assured the people the government would not fail in its duty to protect the victim as efforts were already underway to secure the custody of the six American soldiers implicated in the rape.

Executive Secretary Eduardo Ermita said no one among Philippine authorities concerned could be blamed for initially granting custody of the US soldiers to the US Embassy since that very arrangement is stipulated under the VFA.

Ermita stressed that allowing US authorities to retain custody over their nationals does not mean it is dropping the criminal case altogether.

"As what the Justice Secretary said, they would be available once we need them. That was very clear and that was how we interpreted the VFA provisions," Ermita said.

Ermita also conceded the need for the review of the VFA provision over the issue of custody.

"If this is something that should be reviewed, then it should be reviewed," he said.

Ermita stressed the DFA and the DOJ made efforts to seek custody over the US soldiers and the matter is being resolved diplomatically.

"I think nobody made a mistake. There are some VFA provisions, however, that must be clarified," he said.

"I don’t see how we can say the Department of Justice is coddling them. As far as I know, the American authorities promised that as soon as they are needed in our legal proceedings and processes, they would be made available. I don’t see how you could interpret that as coddling," Ermita added.

He said Calimlim should not be faulted for turning over the six soldiers to the US Embassy since Philippine officials believed that this was the protocol upon the request of the American authorities under the VFA.

The Philippine government formally asked for custody of the six US servicemen last Thursday.

Foreign Affairs Undersecretary for Special Concerns Rafael Seguis said the Philippine government formally made the request in a note verbale sent to the US Embassy in Manila.

Seguis said the diplomatic note was only sent last Wednesday afternoon following consultations with the DOJ.

US Embassy Press Attaché Matthew Lussenhop said the mission has to consult with Washington regarding the Philippines’ request for custody of the six soldiers.

Lussenhop called on the Philippine government to give a specific timeframe for the requested custody.

The Olongapo City Prosecutors Office, meanwhile, denied the request of the lawyers of the US servicemen seeking a 10-day extension period to file their counter-affidavits in the rape case.

Olongapo City chief prosecutor Prudencio Jalandoni said the defense motion was denied since it would further delay the resolution of the case.

Jalandoni said he was "not impressed with the reasons" made by the defense lawyers to extend the submission of the counter-affidavits.

Jalandoni ordered the preliminary hearing on the case to proceed in the afternoon of Nov. 23. — With Marichu Villanueva, Paolo Romero, Aurea Calica, Bebot Sison Jr., Ric Sapnu