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DFA gave input on effects of ending VFA but decision had already been made, exec says

Patricia Lourdes Viray - Philstar.com
DFA gave input on effects of ending VFA but decision had already been made, exec says
Foreign Affairs Assistant Secretary Igor Bailen attends the Senate inquiry into the need for Senate concurrence on withdrawal of treaties.
The STAR / Mong Pintolo

MANILA, Philippines — Diplomatic officials advised President Rodrigo Duterte on the potential effects of terminating the Visiting Forces Agreement with the United States but the decision to end the pact had already been made by then.

Foreign Affairs Secretary Teodoro Locsin Jr. previously said he would prefer a vigorous review of the military pact with the US rather than terminating it completely.

In a Senate hearing Thursday, a DFA official admitted that they had advised Duterte on the risks of ending the VFA, which stands as a legal framework for the presence of US military personnel in the Philippines.

"Secretary Locsin met with the president and Ambassador [Jose Manuel] Romualdez... but the president had already made up his mind and it's a decision, of course, that we're bound to pursue," Foreign Affairs Assistant Secretary Igor Bailen told the Senate panel.

Romualdez is Philippine ambassador to the US.

Duterte initially said he would terminate the country's defense pact with the US if it fails to "correct" the visa cancellation of Sen. Bato dela Rosa, Philippine National Police chief when the so-called war on drugs was launched in 2016.

Asked about the real reasons why the Philippines is ending the deal, Bailen said, "The DFA — we don't think we could read beyond what the president has pronounced on as to the reasons."

Senate concurrence not needed to end VFA

Bailen, who heads the DFA Office of Treaties and Legal Affairs, also told the Senate that the termination of the VFA does not require Senate concurrence.

"The president is the singular voice and authority of the country in foreign relations," Bailen said.

"The role of the Senate in the treaty process is to give or withhold its consent or to concur in the president's ratification," he added.

The DFA official cited two provisions in the 1987 Constitution requiring Senate concurrence in presidential ratification on treaties.

Under Section 21, Article 7 of the Constitution:

No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the Members of the Senate.

Section 25, Article 18 of the Constitution states that:

After the expiration in 1991 of the Agreement between the Republic of the Philippines and the United States of America concerning Military Bases, foreign military bases, troops, or facilities shall not be allowed in the Philippines except under a treaty duly concurred in by the Senate and, when the Congress so requires, ratified by a majority of the votes cast by the people in a national referendum held for that purpose, and recognized as a treaty by the other contracting State.

Bailen further noted that participation of the Senate in treaty making was to provide a system of checks and balances on the executive branch in the field of foreign relations but this is limited to giving or withholding the consent or concurrence in the ratification.

"When President Duterte sent the VFA notice of termination, he was merely exercising his diplomatic powers granted to him by the Constitution. As the power to enter into treaties is vested in the president, the power to terminate the same is incidental or residual thereto," Bailen said.

DEPARTMENT OF FOREIGN AFFAIRS

RODRIGO DUTERTE

SENATE

US-PHILIPPINES TIES

VISITING FORCES AGREEMENT

As It Happens
LATEST UPDATE: July 30, 2021 - 10:46am

President Rodrigo Duterte has ordered the termination of the Visiting Forces Agreement, which will expire 180 days after the notice of termination is sent to the US.

That notice was sent on Tuesday, February 11, 2020, according to Philippine government officials.

Duterte had previously warned the United States that he will terminate the VFA if the cancellation of Sen. Ronald Dela Rosa's US visa—believed but not confirmed to have been over the continued detention of Sen. Leila De Lima and the government's "war on drugs"—is not "corrected".

The decision to terminate comes amid a resolution by the Senate recognizing the president's authority to terminate agreements and treaties but also asking him to hold off on the decision while lawmakers conduct a review of the VFA and other agreements with America.

Activist groups have been calling on the government to scrap the deal since 1999, saying the Visiting Forces Agreement favors the US, keeps the Philippine military dependent on assistance and aid, and puts the Philippines at risk from America's enemies.

Main photo: In this May 19, 2018 file photo, Lt. Gen. Emmanuel Salamat and US Brig. Gen. Thomas Weidley lead the ceremonial furling of the Balikatan flag during the closing ceremony of the Philippine-US military exercises. The STAR/Boy Santos

July 30, 2021 - 10:46am

The Visiting Forces Agreement with the US, which President Rodrigo Duterte decided in February 2020 would be scrapped, will no longer be abrogated, Defense Secretary Delfin Lorenzana says.

Lorenzana says Duterte decided to revoke the termination of the agreement after a meeting with US Defense Secretary Lloyd Austin on Thursday night. — Bella Perez-Rubio

June 14, 2021 - 7:40pm

President Rodrigo Duterte extends the suspension of the abrogation of the Visiting Forces Agreement with the United States for another six months, Foreign Affairs Secretary Teodoro Locsin Jr. says.

"The president conveyed to us his decision to extend the suspension of the abrogation of the Visiting Forces Agreement by another six months while he studies and both sides further address his concerns regarding particular aspects for the agreement," Locsin says in a video posted on social media.

April 12, 2021 - 3:50pm

The Armed Forces of the Philippines and the US military open the 36th Balikatan Exercise, which features military simulations made possible by the Visiting Forces Agreement.

The Balikatan comes after the termination of the VFA was suspended for a second six-month period and as tensions with China rise over its ships in the West Philippine Sea.

 

 

February 16, 2021 - 10:43am

Sen. Panfilo Lacson reminds President Rodrigo Duterte that under the Constitution, a senator also has something to do with international agreements.

The president earlier told Lacson that he has nothing to do with the issue of the Visiting Forces agreement between the Philippines and the United States.

"Even an ordinary citizen of this country who feels embarrassed by his harsh, undiplomatic remarks concerning an existing bilateral agreement is guaranteed under the same Constitution to express his views. Not anyone, even he as President can curtail that basic right," Lacson says.

December 9, 2020 - 12:39pm

The US defense department has boostedthe Armed Forces of the Philippines' counter-terrorism capability with new equipment, the US Embassy in Manila says.

The capability upgrade is among the P1.4-billion ($29.3 million) in defense articles recently transferred to the AFP, Acting US Secretary of Defense Christopher Miller tells senior Philippine military officials as he met with Defense Secretary Delfin Lorenzana and Foreign Affairs Secretary Teodoro Locsin Jr. Tuesday in Manila.

In a statement provided by the US Embassy, Miller stresses the importance of the US-Philippine alliance to national and regional security.

Miller says the defense articles that were turned over last December 2 were transferred to several special mission units of the AFP to support its modernization goals.

The Western Mindanao Command (Westmincom) lauded the capability, especially the anti-Improvised Explosive Device equipment, which will form part of force protection noting that in the recent campaign troops have engaged terrorists rigging IEDs in its attacks.  — The STAR/Roel Pareño

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