VFA review starts; Ochoa eyes maximum benefits for RP

MANILA, Philippines - The review of the Visiting Forces Agreement between the Philippines and the United States will likely include the custody of American soldiers who committed crimes in the country and other controversial provisions, Executive Secretary Paquito Ochoa Jr. said.

But President Aquino gave assurance in Tarlac yesterday that the government would consider the inputs of the Senate and other sectors in doing the review.

On Sunday, Ochoa said the administration was committed to a thorough review of the VFA so that refinements could be introduced to ensure that the country would get maximum benefits from the bilateral agreement.

“It has been over a decade since the VFA was ratified, and we have over 10 years’ worth of experience with regard to the implementation of the agreement to serve as bases for a thorough and objective assessment of its costs and benefits,” Ochoa said.

“We are also conscious of the fact that there have been specific incidents that necessitate an evaluation of provisions that deal with the handling of visiting American armed forces personnel that violate Philippine laws,” Ochoa explained.

Under the existing agreement, the US is granted custody of its erring officers just like what happened in the case of Marine Lance Corporal Daniel Smith who was convicted of raping a Filipina by a lower court but was absolved after filing an appeal. He was immediately taken out the country when the decision on his appeal came out.

The President has named Ochoa as chairman of the Presidential Commission on the VFA.

“I’ve read in the media several comments by various senators. So either we can do it prior to a LEDAC (Legislative Executive Development Advisory Council) or after the LEDAC. I think I made my position clear already, there are certain provisions like anything made by man that can be made better,” Aquino said in a press conference after voting at the Central Azucarera de Tarlac Elementary School in Barangay Central, San Miguel, Tarlac for the barangay elections.

But there is no schedule yet for the LEDAC, the President said.

In his statement, Ochoa said the VFA was envisioned to be a mutually beneficial agreement that would serve the interests of both the Philippines and the US.

“The President, however, believes that a review is necessary because we must evaluate whether we are getting the most out of the VFA,” Ochoa said.

According to the Executive Secretary, the commission was created in 2000 under the Office of the President “to ensure that visiting US troops respect Philippine laws, policies, public morals, customs and traditions.”

Ochoa stressed that enough time had passed to provide insight with regard to assessing the impact of the bilateral pact.

Ratified in 1999, the VFA serves as the framework for the treatment of visiting US forces in the Philippines and governs the entry and exit of American troops in the country in connection with the activities approved by the government.

It also establishes the manner in which criminal cases are handled against any member of the US troops, as well as a procedure for resolving differences that may arise between the two sides in this regard.

On Oct. 1, the President issued Executive Order 9, which amended EO 67 released in January 2002. It reorganized the Presidential Commission on VFA and named the Executive Secretary chair of the commission with Foreign Secretary Alberto Romulo and Defense Secretary Voltaire Gazmin as co-chairs.

The other members of the commission are the secretaries of the Departments of Justice and Social Welfare and Development, the executive director of the commission, and a private sector representative to be appointed by the President.

Aurea Calica, Philippine Star