'Nicole' asks Supreme Court: Reverse Visiting Forces Agreement ruling

MANILA, Philippines - Rape victim “Nicole,” two former senators and five cause-oriented groups asked the Supreme Court (SC) yesterday to order the immediate transfer of convicted rapist US Marine Lance Corporal Daniel Smith to Philippine custody.

The petitioners also called on the SC to reverse its decision affirming the constitutionality of the Visiting Forces Agreement (VFA).

Joining Nicole in filing the motion for reconsideration were former

senators Jovito Salonga and Wigberto Tañada, and Bagong Alyansang

Makabayan (Bayan), Bayan Muna, Gabriela, Gabriela Women’s Party, and the Public Interest Law Center.

They told the SC that the VFA cannot be justified under the 1951 Mutual Defense Treaty with the United States.

“The RP-US Mutual Defense Treaty (MDT) was, indeed, ratified with the advice and consent of the US Senate,” read the motion.

“However, it is totally irrelevant to the present controversy because the said treaty is only applicable in times of war.

“It is an agreement for resisting an armed attack on either of the parties and on defending against external aggression committed against any of them.

“As of this writing, the Philippines is not at war with any nation.”

The petitioners also questioned the SC ruling that the MDT had complied with the requirements of the Constitution.

The current constitutional framework does not permit the existence of the VFA as a component of the subsisting MDT, the motion added.

The petitioners said the VFA violated the equal protection clause in the Constitution and undermined the independence of the judiciary.

“There is no law more fundamental than our Constitution. In fact, a treaty forms part of the law of the land or domestic law only when it meets the requirements of the Constitution.”

The petitioners said in upholding the VFA’s constitutionality, the SC failed to consider the provisions on national sovereignty, national interest, the Bill of Rights, and the independence of the judiciary.

The VFA is unconstitutional and void because the so-called “VFA II” was not included in the Senate deliberations and resolution of concurrence, the motion added.

VFA II was a complementary agreement that gave Filipino troops visiting the US less rights and privileges than their American counterparts visiting the Philippines.

The petitioners also assailed the government’s stand that Smith’s detention at the US embassy was valid since the legal proceedings on his case have not ended due to his pending appeal before the Court of Appeals.

Petitioners were represented by counsels Evalyn Ursua, Harry Roque Jr. and Neri Colmenares.