RP, US: VFA review only after Smith case over

Both Malacañang and the United States Embassy said yesterday that the review of the Visiting Forces Agreement (VFA) will only take place once the rape case against US Marine Lance Corporal Daniel Smith reaches its conclusion.

While Malacañang said the Philippine government should already study the controversies that resulted from the implementation of the accord, US Embassy charge d’affaires Paul Jones said the US government will wait and see how the case concerning Smith’s custody progresses.

"I think all of us are reviewing how the case is proceeding. It continues to proceed through the Philippine judicial system, with (a) Philippine court, and Philippine lawyers. After that I think we’ll have a better understanding how the (VFA) functions on the administration of justice," Jones told newsmen.

Jones flew to Sulu and joined President Arroyo in inaugurating a P52-million concrete road project in Indanan before sitting with the President and the top brass of the Armed Forces of the Philippines (AFP) in a command conference in Jolo.

Chief Presidential Legal Counsel Sergio Apostol, for his part, said there is a need to review the VFA because "the problem actually is we seem to have a very clear view of these things (custody, criminal aspects and procedures) but when it happened, on actualities there is no clear view."

Executive Secretary Eduardo Ermita said there was no need for a total revision of the VFA and that the Department of Foreign Affairs will coordinate with American authorities on changes that are needed, particularly the provisions covering custody of US personnel accused of committing crimes in the Philippines.

He cited the "extraordinary cases" wherein the Philippines can seek custody of US servicemen, as stated in the VFA. He said this particular provision was not clearly defined under the existing agreement.

"(We have to review) the custody pending trial and after conviction and the movements of personnel of US forces especially when they are on land so that this kind of experience that we are having today will not happen again," Apostol said.

He said the issues on sovereignty and jurisdiction over cases could also be clarified to ensure that relations between the two countries will not be affected by incidents that may happen in the future.

Apostol agreed with the US Embassy in saying that it was not yet the right time for actual review but the government should start preparing for it.

"Once the (case of Smith) is concluded, whether his conviction is affirmed or he is acquitted, we now have to negotiate the review. So it’s time that we should start studying, it would not be good for us to be caught off guard," he said.

The issue of the VFA review came up after various sectors criticized the President for allowing the transfer of Smith to the US Embassy from the Makati City Jail even if his case was still pending before the Court of Appeals (CA).

The CA then declared the case moot and academic because of the executive department’s action.

Under the VFA, US personnel may remain under the custody of the American authorities during judicial proceedings if they so request. — With Helen Flores