Sen. Richard Gordon, a member of the Legislative Oversight Committee on the Visiting Forces Agreement (VFA), believes that Smith should be turned over to the US Embassy in Manila, as provided for under the VFA.
On the other hand, Sen. Panfilo Lacson, Minority Leader Aquilino Pimentel Jr. and Majority Leader Francis Pangilinan said the Philippines should not be pressured by the US’ cancellation of the war exercises.
Gordon warned that the cancellation of the annual joint military exercises is just one of several possible repercussions the Philippines must face because of the court’s refusal to hand over Smith to the US.
He said the VFA allows the US to have custody of Smith until all judicial proceedings are concluded.
Gordon said the US government has no intention of spiriting Smith out of the country, as this would damage its reputation internationally.
"Why not give the Americans custody since (Smith) will not be brought out anyway? They will present him (during judicial proceedings), rather than create a new conflict with the Americans," Gordon said during an interview over radio station dwIZ.
Recalling the Philippines’ experience in the peacekeeping and humanitarian campaign in Iraq, which resulted in the pullout of Filipino troops in order to save the life of Angelo de la Cruz, Gordon said the Philippines’ reputation on the world stage has already been severely damaged.
He also cited the recent postponement of the Association of Southeast Asian Nations (ASEAN) Summit in Cebu, which also put the country in bad light internationally.
"It is in our best interests that we keep our word and abide by our agreements or else no one in the world will trust us anymore," Gordon said.
As an ally of the US, the Philippines is benefiting from various forms of assistance besides defense aid, such as disaster aid and relief, Gordon added.
He also cited the fact that the US is one of the country’s largest trading partners and is home to around three million overseas Filipinos, adding that since the Philippines and the US "are allies, why should we destroy this relationship because of a technicality?"
Lacson described the US government’s cancellation of the joint military exercises as blackmail against the Philippines to force the turnover of Smith.
"The country’s policymakers would be well advised not to be cowed by this arrogant political blackmail being committed by the United States government against an equally sovereign state over an issue that involves our own justice system," Lacson said.
"While the executive branch is doing its part to expeditiously get a favorable judicial interpretation of the VFA provision on the Smith custody issue, the US government should at least have the decency to respect how our own criminal justice system works," he added.
Lacson said this "undesirable incident should serve as a test to the national leadership" — not only for Malacañang, but for all of the country’s policymakers.
"Let us not surrender our country’s sovereignty and dignity in the face of a threatening super power," he said. "If we cave in to this threat, we have no business talking about self-respect and love for our country."
Pangilinan advised the judiciary against being influenced by the Balikatan cancellation in its handling of the Smith case: "We are, just like the US, an independent state, with our own set of rules and laws that we must uphold. The exercises should rightfully be suspended until such time that the dispute has been resolved."
Pimentel, on the other hand, said the government should be open to the possibility of entering into new security pacts with other countries, even as he expressed disappointment over the "veiled threat" of the US to cut off aid to the Philippines because of the Smith custody issue. — Marvin Sy