Reyes, Rumsfeld to tackle Sulu terms

Defense Secretary Angelo Reyes flew to Washington yesterday for talks with his US counterpart Donald Rumsfeld on possible new terms of reference (TOR) that would govern the planned Balikatan 03-1 in Sulu, with "very clear" instructions from President Arroyo that they should not violate the Constitution.

In Malacañang, Presidential Spokesman Ignacio Bunye said the United States has no intention of violating the Constitution and insisting on combat roles for US troops participating in the military exercise.

Bunye ruled out participation of US forces in combat, noting foreign combatants were barred by the Constitution from fighting on Philippine soil.

"What they (US officials) mean, is that they will support us as trainers and advisers," Bunye said. "The condition in which (US forces) will arrive here will be covered by terms of reference, which we will publicly disclose."

For his part, Reyes emphasized that he was given specific instructions by the President to abide by the Constitution in crafting the TOR for Balikatan 03-1 in Sulu.

"We would like to make it clear that the guidance of President Arroyo is very clear, there would be no violation of the Constitution and any of our laws," Reyes said.

The terms for the Sulu exercise would be similar to the TOR for the maneuvers last year on nearby Basilan island, he said.

US Special Forces trained and advised Filipinos fighting rebels on Basilan. Filipinos did the fighting and the Americans were allowed only to fire in self-defense, he added.

Reyes headed a four-man mission yesterday for the US via Honolulu to talk with Adm. Thomas Fargo, commander-in-chief of the Pacific Command before proceeding to Washington for a weeklong visit.

Reyes was invited by Rumsfeld to discuss bilateral defense and security issues of mutual interest to both countries, "including regional and international security matters, particularly on the terrorist front."

Reyes made his pre-departure statement in the wake of criticisms over Balikatan 03-1 triggered by reports quoting US defense officials that some 1,700 special forces are being sent to Sulu for a combat mission against the Abu Sayyaf.

"We have an ongoing exercise in the south and the points to be discussed would be to enhance capability to operate under the Mutual Defense Treaty and cooperation against terrorism," Reyes said, apparently referring to the RP-US "Bayanihan" joint exercises officially launched yesterday in Zamboanga City.

When asked by reporters to comment about the US report, Reyes replied by stressing this year’s joint military exercise would be the same as in Basilan last year.

He said that the military exercise in Sulu will also focus on civic and humanitarian assistance.

Mrs. Arroyo last week approved the sending of US troops in Sulu, a known Abu Sayyaf stronghold.

White House spokesman Ari Fleischer said on Friday in Washington that some 1,750 US troops "will assist" Filipino soldiers in hunting down the Abu Sayyaf rebels, but referred questions over the rules of engagement to the Pentagon.

US officials defended the reported escalation of involvement on Wednesday by citing the stronger links that have emerged between the Abu Sayyaf and foreign terrorist groups and the Philippine military’s revised estimate of a larger guerrilla strength of 1,000 fighters.

Philippine officials, however, were quick to deny the Pentagon view and downplayed the supposed direct participation of US troops in operations against the bandit group.

Asked during a radio interview what the government would do in case US officials requested a combat role in Sulu, Bunye said the Philippines will turn it down.

"This is as of now, hypothetical but if they would request that, we would not allow that because that’s against the Constitution," he said.

Legal block

The Supreme Court ruled last year’s Balikatan exercise was legal under the Mutual Defense Treaty and the Visiting Forces Agreement (VFA) with Washington, but it also said US troops are "prohibited from engaging in an offensive war" on Philippine soil.

Former Senate president Jovito Salonga, however said the issue will be "an insurmountable legal challenge."

Salonga, who led the Senate in rejecting a treaty to keep the US bases here in 1991, said "there is no justification for it."

Salonga predicted the government will try to invoke the defense pact with Washington to call on US troops to help fight the Abu Sayyaf.

"But there is no possibility of its application since that (treaty) contemplates an external attack on the Philippines by another power or a war of aggression," he said.

Salonga also rejected classifying domestic terrorists as foreign invaders.

In a hearing last week, Reyes "was emphatic that the Americans will not be allowed to participate in actual combat operations," said Sen. Rodolfo Biazon, a former military chief of staff.

Biazon said the contradicting statements from Manila and Washington could mean Philippine officials were "playing games" with the Senate and the public or that Washington is imposing its anti-terrorism war in the country.

Another lawmaker, Surigao del Sur Rep. Prospero Pichay, chairman of the House defense committee, said the proposed entry of US soldiers to fight against the Abu Sayyaf cannot be justified by a new set of TOR.

But he believed the entry of US troops to fight against the Abu Sayyaf could still be justifiable under the Constitution provided the administration were to permit their entry.

In a statement, Pichay warned defense officials to fully brief the President and Congress before entering into discussions with their American counterparts on such plan.

He said the VFA cannot be used as a justification for the entry of US troops as active combatants.

But he said he was puzzled by the premature announcement by alleged Pentagon sources of the supposed American plan to fight alongside Filipino troops in Sulu.

"I cannot fathom the rationale for this leak by alleged Pentagon sources. If this was designed to whip up anti-American sentiment among local leaders and the Filipino people, then they have succeeded magnificently," Pichay said. - With Paolo Romero, AFP