Senators favor review, not scrapping of VFA

MANILA, Philippines - A majority of senators want a review of the Visiting Forces Agreement (VFA) with the United States, with the objective of amending certain provisions of the treaty, particularly on criminal jurisdiction and custody.

At least two senators have openly stated their position to abrogate the VFA, saying some of the provisions were inequitable.

Senators Miriam Defensor-Santiago and Teofisto Guingona III are for the abrogation of the VFA unless the US agrees to a renegotiation of the treaty.

“I’m for abrogation because it’s not equal. If they want to renegotiate it’s okay. If a Filipino armed forces personnel goes to the States and commits a crime, they have jurisdiction and they have custody. Here, it’s the opposite. That’s not the way you treat an ally,” Guingona said.

Almost every other member of the Senate agreed the VFA should be reviewed at the very least because of the problems the country has faced in the past as well as the current case involving the killing of Filipino transgender Jeffrey “Jennifer” Laude allegedly by an American serviceman.

Senate President Franklin Drilon said he is not in favor of the abrogation of the VFA but agreed that the treaty deserves to be reviewed.

“I’m not in favor of abrogation. At the very least, review. But I’m not in favor of abrogation. The issue of the custody pending trial (deserves to be reviewed),” Drilon said.

Sen. Antonio Trillanes IV, chairman of the Senate committee on national defense and security, has repeatedly stated the VFA should not be abrogated but said he would agree to a review of some of its provisions.

Sen. Cynthia Villar said there should be clearer rules on how to deal with situations when a crime is committed by an American serviceman on Philippine soil.

“We are always arguing about what is the proper way of doing it so maybe we should review and clear up what to do with this if there’s a crime committed. There is always an argument about procedure,” Villar said.

She said the calls for abrogation were too harsh but in the review of the VFA, the arguments of those pushing for this option should be considered.

Sen. Paolo Benigno Aquino IV also said the VFA should be reviewed, particularly the provision regarding the custody of American servicemen charged with a crime in the Philippines.

“I agree with a number of senators here that we should review that particular provision. Yes, it is uneven. The language in itself seems to be quite uneven in favor of one party so it’s time we look at it. But to say the whole thing should be scrapped, currently I’m not in favor of that and maybe if the senators want to raise it properly, then they can raise it,” he said.

Sen. Grace Poe said the country itself was partly to blame for the problems with the VFA since it agreed to its provisions when it was approved and ratified.

Poe, however, said a review of the VFA should be done now in order to provide a clearer picture with regard to the protocols whenever a crime is committed in the country.

“Of course we understand that they will always protect their citizens, but it is up to us to be able to assert what our rights should be for our citizens,” she said.

Sen. Sergio Osmeña III pointed out he was one of five senators who voted against the VFA when it was brought to the Senate for ratification in 1999.

“I’m not for abrogation. I’m for amending those areas there where I said, ‘why are Filipinos admitting they’re second class citizens in their own country?’ If I rape somebody you will put me in jail. We have senators who are in jail and the Americans can go?” Osmeña said, referring to colleagues Juan Ponce Enrile, Jinggoy Estrada and Ramon Revilla Jr. detained on charges of plunder.

Osmeña stressed a review and renegotiation of the VFA should be done at the soonest possible time.

Benefits of the treaty

Sen. Pia Cayetano said she has always taken the position that there should be a constant review of the VFA in light of the circumstances and incidents that came up over the years.

“But I don’t believe that we should be reactive simply based of one incident. If the provisions do not protect the interests of Filipinos then that is the general issue that should be tackled and not one incident alone,” Cayetano said.

“I’m all for review, but I think it should be based on issues, general issues,” she added.

Acting Senate Minority Leader Vicente Sotto III also supports the review of the VFA but not abrogation.

Sotto said the country still needs the VFA from a national defense standpoint, especially with countries such as China engaging the Philippines in territorial disputes.

Sen. JV Ejercito said he was also against the VFA before but after seeing how the Americans were able to assist the country in the aftermath of Typhoon Yolanda, he saw the benefits of the treaty.

Ejercito agreed that some of the provisions must be reviewed.

Sen. Francis Escudero also pushed for a review of the VFA in order to have “clearer, stronger and stricter stipulations which are mutually beneficial to both parties every step of the way.”

Senators Aquilino Pimentel III and Nancy Binay also aired their position for a review of the VFA.

Sen. Loren Legarda previously stated there were “iniquitous” provisions of the VFA that must be reviewed and renegotiated.

Former senator and now Muntinlupa Rep. Rodolfo Biazon also called for a review of the VFA.

Biazon told a news conference that he and the late former senator Blas Ople were the principal authors/sponsors of the VFA in the Senate in 1998-1999.

“Since then, there has been no review initiated by either side. There was supposed to be a review four years ago, but this did not happen,” he said.

Biazon said one provision that should be revisited is the one on custody of suspected offenders.

He said the Department of Foreign Affairs (DFA) insists that the VFA gives initial custody of a suspect to the US military.

“I think that it’s not only the VFA that should be considered. Our national laws on the matter should be taken into consideration,” he added.

Biazon pointed out that as far as he was concerned, it is the interpretation of the Department of Justice (DOJ) that should prevail on the question of which side should take custody of US Marine Private First Class Joseph Scott Pemberton for the alleged murder of Laude.

“It is the DOJ because this is an issue of administration of justice. The DFA will only come in to transmit the DOJ decision to the US side,” he stressed.

Asked what would happen if the US insisted on custody of the suspect, Biazon said, “If we believe we are being shortchanged, then we have options like abrogating the VFA. But then again, larger issues like national security will come into play.”

He said the custody provision could be clarified and even rewritten if there is a review of the VFA.

Senate Majority Leader Alan Peter Cayetano also called for a revision of the Enhanced Defense Cooperation Agreement (EDCA) with the US to allow the Philippines to get better terms.

The legality of the EDCA is being questioned before the Supreme Court by former senators Rene Saguisag and Wigberto Tañada.

The VFA was also questioned before the high court which affirmed its constitutionality in 2009.

The SC, however, ruled the detention of Lance Corporal Daniel Smith at the US embassy was “not in accordance” with VFA provisions. Smith was accused of raping a Filipina and was detained at the embassy during the trial.

But the SC ruling only applied to the case of Smith and was rendered moot and academic since he was eventually acquitted and freed. –Jess Diaz, Edu Punay