VFA mutually beneficial for partnership, says US

MANILA, Philippines - The US embassy said yesterday that it respects the Philippines’ decision to review the RP-US Visiting Forces Agreement (VFA), but emphasized that the defense pact is “mutually beneficial” and remains an important framework for partnership and cooperation between the two countries.

“The VFA continues to provide an important framework for partnership and cooperation between our two militaries that is mutually beneficial. As guests in this country we fully respect Philippine sovereignty and maintain an ongoing dialogue with the government in all aspects of our relations,” US embassy spokesperson Rebecca Thompson said.

Thompson said the exchange of visits between the Philippines’ executive and legislative branches on many issues, including the VFA, is a testament to the vitality of Philippine democracy.

The Department of Foreign Affairs took the middle ground yesterday, with an official saying that the VFA should be reviewed but not abrogated, an action which the DFA considered extreme.

A ranking DFA official, who spoke on condition of anonymity, said the review was necessitated by Sen. Miriam Defensor-Santiago’s call for abrogation.

“We are already reviewing it at our level for the past weeks. The DFA believes there are flaws but abrogation is too extreme, so we took the middle stance which is review,” the official told The STAR.

In April 2009, Santiago, who chaired the Legislative Oversight Committee on the VFA, said that the committee would review the pact to set clearer guidelines on how US soldiers accused of crimes should be treated.

Santiago said she personally did not like the VFA because the Philippines had been getting “junk” military aid but should be getting more since it had been “acting as a lightning rod for the enemies of the US.”

The Court of Appeals (CA) decision acquitting US Marine Lance Corporal Daniel Smith, she said, was “insensitive” to public opinion, especially in ordering the immediate release of the American from detention.

“The President adopted this stance (review). There is review by the inter-agency group that is ongoing,” a senior DFA official said.

DFA spokesman Eduardo Malaya confirmed the ongoing VFA review, saying the possible revision of sections on the exercise of criminal jurisdiction and custody arrangements is being looked into.

President Aquino has informed US Ambassador Harry Thomas Jr. of a plan to “refine” the VFA, citing some flaws in the controversial deal.

The President said there are benefits, but a refinement is necessary to make the VFA better.

However, he did not specify which provisions in the VFA needed fine-tuning.

Aquino also defended his appointment of Executive Secretary Paquito Ochoa Jr. as head of the Presidential Commission on the VFA. Ochoa will discuss the possible modifications in the agreement with US officials.

In January 2007, the US embassy in Manila said a review of the VFA at that time was “premature” since the decision on Smith’s rape case was not yet final.

Former US ambassador to Manila Kristie Kenney said it was premature to talk about a review and renegotiation of the VFA while there was the case against Smith.

Congress wants transparency

At the House of Representatives, lawmakers said President Aquino should be transparent in reviewing the agreement to make sure that the country would get better terms.

“I’ve always been for the abrogation but if there’s something good that’s going to come out of this review, then let’s see,” Deputy Speaker and Quezon Rep. Lorenzo Tañada III told The STAR.

House Minority Leader Edcel Lagman said Mr. Aquino must be categorical and clear on what he wants to achieve in the review and not make vague statements on “refinements.”

“Definitely the public and Congress must be informed fully in this review process for transparency,” Lagman said.

Tañada said among the provisions that need to be looked into or overhauled are those on the criminal jurisdiction on the visiting US troops and the length of their stay in the country.

He said Congress could be involved in the process.

Pia Lee Brago, Philippine Star