Sen. Miriam Defensor-Santiago, who co-chairs a key congressional panel on security, had said Senate ratification was required because the new security arrangement would widen the scope of a 1999 security accord with the United States.
Reiterating the Arroyo administration’s argument, Defense Undersecretary Rodel Cruz insisted that the new arrangement is not a new bilateral agreement but merely implements the existing Visiting Forces Agreement (VFA).
The new arrangement involves setting up a new joint consultative panel called the Security Engagement Board (SEB).
It will allow US troops to take an active role in Manila’s efforts against cross-border threats such as terrorism, piracy and transnational crime.
"The establishment of the SEB, which provides a forum for RP-US bilateral security consultations merely implements the VFA. It does not establish new policy. Hence, there is no need for Senate concerns," Cruz said.
He said their position was supported by a past Supreme Court ruling, which said that bilateral agreements that provide mechanisms for the implementation of past agreements do not require Senate approval.
"The Senate itself, when it concurred in the ratification of the VFA, acknowledged the possibility of bilateral cooperation on non-traditional security concerns under the VFA," he said.
In 1951, Manila and Washington signed the Mutual Defense Treaty to help defend each other in case of external attacks. They also forged the VFA in 1999 that allows US forces to join large-scale military exercises in the Philippines.
The security arrangement involves setting up a new joint consultative panel called the Security Engagement Board to discuss possible joint exercises and cooperation to deal with threats not covered by the Philippines’ defense treaty with the United States.
The board will hold its inaugural meeting this month, according to Defense Secretary Avelino Cruz.
Santiago chairs the Legislative Oversight Committee on the Visiting Forces Agreement, which has oversight on the conduct of joint military exercises between Philippine and US forces.
Earlier, Senate President Franklin Drilon, Senate Minority Leader Aquilino Pimentel Jr. and Senators Joker Arroyo and Rodolfo Biazon raised concerns that it might violate the Constitution’s prohibition on foreign troops engaging in combat on local soil.
After reviewing diplomatic notes exchanged between Manila and Washington, Santiago said the arrangement "provides for the principle of enhanced cooperation but this principle could be used by the US to participate in decision-making mechanisms of the Philippine government."
Santiago noted that the arrangement would operate within the framework of the VFA, which came under fire early this year when Washington refused to turn over to local custody four US Marines accused of raping a Filipina in November.