Palace: MDT, EDCA won’t be affected by VFA’s end

MANILA, Philippines — The Philippines will continue to uphold the Phl-US Mutual Defense Treaty (MDT) and the Enhanced Defense Cooperation Agreement (EDCA) despite President Duterte’s order to terminate the Visiting Forces Agreement (VFA) with the United States.

Presidential spokesman Salvador Panelo yesterday also reminded all Cabinet members as well as other government officials to heed the President’s order not to travel to the US.

“Huwag na muna pumunta roon. We have to defer to the President’s wishes,” he said when asked to expound on Duterte’s call last Wednesday for Cabinet members to defer plans of going to the US.

Duterte banned members of his Cabinet from visiting the US, days after he announced he would terminate the VFA.

While the President mentioned only Cabinet members, Panelo supposed that it “goes without saying” that government appointees from undersecretaries down the line should also follow the presidential directive. 

According to Panelo, the Chief Executive exempted the Department of Foreign Affairs whose secretary, Teodoro Locsin Jr., remains in Washington on official business but not related to the President’s order on VFA.

Panelo also described Duterte’s “boycott” as a form of protest on the US move to suspend the visa of Duterte’s close ally, former police chief and now Sen. Ronald dela Rosa, as well as the US provision seeking the release of detained Sen. Leila de Lima.

In the case of presidential daughter and Davao City Mayor Sara Duterte-Carpio, who is in Washington upon invitation of the US government, Panelo said the visit came before the President issued the statement on the VFA.

MDT, EDCA review

 Panelo added Duterte’s order on the VFA and his inclination to “tone down” relations with the US should not affect other agreements.

He noted that the VFA “refers to privileges of the military personnel with respect to acquisition of jurisdiction in relation to the commission of crimes as well as the movement of their aircraft and vessels.”

Panelo, however, sees an opportunity to review the agreements following the Senate’s move to look into the MDT and EDCA.    

“The other agreements will remain, but I understand the Senate will also be reviewing all the treaties,” the spokesman said, adding the Office of the President will wait for the outcome of the Senate review.

Asked if Duterte would not touch the MDT, Panelo said he has yet to get any directive.

“I’ll have to ask him. As he said and as I said earlier, the decision of the President to terminate the VFA is a studied decision. It is a tactical and strategical decision,” Panelo said.

Though the VFA has been terminated since he unilaterally declared it, Panelo said there are processes to follow for the formal termination which would be handled by the foreign affairs department.

Panelo did not elaborate when pressed if Duterte’s order has something to do with his earlier statement for the Philippines to stop relying on traditional allies.

“I really don’t know. But you know, it’s about time that we, as a country, rely on our own resources. We cannot be relying on others. We have to strengthen our capability in defending ourselves from foreign intrusions,” he said.

“By relying mainly on one particular country, you lessen your capability from the moment that alliance with that country is terminated,” Panelo said.

Despite the looming termination of the VFA, Filipino and American Army Special Forces (SF) troops are currently conducting joint exercises in Palawan.

Dubbed as Balance Piston 20-1, the joint exercises opened last Sunday in Puerto Princesa City.

The ongoing joint exercise involving elements of the US Army’s 1st Special Forces Group (Airborne) and troops from the Philippine Army’s 18th Special Forces Company, Special Forces Regiment (Airborne), is one of more than 200 joint military exercises set this year under the auspices of the1951 MDT.

Meanwhile, Panelo added that former US Private First Class Joseph Scott Pemberton would remain in Philippine custody even if the VFA is formally terminated.  

The US soldier was convicted for killing Filipina transgender Jennifer Laude on Oct. 11, 2014.

On the issue of the US soldier’s transfer from the military camp to a regular prison facility, Panelo added it is better ruled by the local courts.

In a separate statement, Laude’s lawyer, Harry Roque, said Pemberton should now be locked up at the Bureau of Corrections in Muntinlupa.   

He is under the joint custody of the Philippines and the US at an area inside the Armed Forces of the Philippines main headquarters at Camp Aguinaldo in Quezon City.

“Now that the President has terminated the VFA, Pemberton, who is currently under the jurisdiction of the Bureau of Corrections (BOC) and allegedly detained in a golden cage in Aguinaldo, should now be transferred forthwith to Muntinlupa to be in the company of his fellow killers such as the Ampatuans,” Roque said.

“I call on the AFP to exercise vigilance as US authorities will definitely attempt to spirit him out of the country to prevent his detention in Muntinlupa where he truly belongs,” he added.

Interior and Local Government Secretary Eduardo Año said he and other Cabinet members would abide by Duterte’s order not to travel to the US.

At the Foreign Correspondents Association of the Philippines “Prospects” forum in Makati, Año said there could be exemptions to Duterte’s directive, especially if the visit is not official.

“If you are probably sick and seeking medical treatment, I think those are exemptions,” he said.

Justice Secretary Menardo Guevarra yesterday said he is not affected by Duterte’s travel ban order to the US since he has no plans to travel to America although he has a valid visa. 

Consequences

Sen. Panfilo Lacson warned the government of the adverse consequences of the directive of President Duterte to ban Cabinet members from traveling to the US.

Lacson said an indefinite US travel ban imposed on all Cabinet members could have adverse consequences on the country’s economy and security, not to mention the many employed Filipino immigrants there, especially if the US retaliates to the recent tirades of Duterte.

“The Philippines is exporting at least $10 billion worth of goods annually to the US and accounts for 52 percent of the total US military support and assistance to the entire Asia-Pacific region,” said Lacson.

Dela Rosa advised those who have expressed concern over the possible negative effect of the ban not to be so pessimistic or afraid, since we don’t know what the results of the move will be.

Dela Rosa, whose US visa was canceled by American authorities, said he supports the directive of the President and since Cabinet members are alter egos of the Chief Executive, they should follow his directive.

Sen. Francis Tolentino also supports the directive.

“Under the alter ego principles, Cabinet members are serving as the alter ego of the President. If the principal himself would not be visiting a foreign country he can direct his alter egos to likewise practice the same policy. I don’t see any reason why that would be administratively controversial,” Tolentino said.

The Senate and Department of Justice (DOJ) move to separately study the impact of the withdrawal of the Philippines from the VFA with the US should establish “the weightier reasons” for its abrogation, Senate Pro Tempore Ralph Recto said. 

“It should go beyond the denial of a US visa to a senator,” Recto said.

“Because what if the US restores the visa of my good friend Senator Bato, are we then going to reverse course and press the stop button to the revocation process which, per reports, has been started?” he said. 

“What happens if tomorrow America says Bato’s visa is restored, what will we do? Is that the remedial action we are seeking or are we motivated by reasons more profound?” Recto said. -With Evelyn Macairan, Cecille Suerte Felipe, Emmanuel Tupas, Jaime Laude