Lawyers’ group asks SC to declare VFA unconstitutional

Former senators Jovito Salonga and Wigberto Tañada yesterday led a group of lawyers in asking the Supreme Court (SC) to declare the Visiting Forces Agreement (VFA) unconstitutional, since it does not recognize the court’s rules of procedure.

The 44-page petition was filed by Salonga, Tañada, retired Court of Appeals (CA) justice Jose de la Rama, lawyer Emilio Capulong, international law professor Harry Roque Jr., University of the Philippines law professor Florin Hilbay and Makati Judge Benjamin Pozon.

Named respondents in the case were convicted rapist and United States Marine Lance Corporal Daniel Smith, Justice Secretary Raul Gonzalez, Presidential Legal Counsel Sergio Apostol, Interior and Local Government Secretary Ronaldo Puno and Foreign Affairs Secretary Alberto Romulo.

The petitioners asked the SC to declare the VFA unconstitutional as it derogates the exclusive power of the SC to promulgate rules of procedure in all courts. It also reportedly violated the petitioners’ rights to due process and equal protection of the laws.

The treaty, the petitioners said, cannot modify the laws and regulations governing the country. For this reason, the Executive department could not encroach upon the constitutional prerogative of the SC.

"The SC has the exclusive power under the 1987 Constitution to promulgate rules and procedure in all courts is beyond dispute," they said. "Hence no other government entity may usurp this exclusive power of the SC without running afoul with the Constitution."

They said the issue of Smith’s custody is a matter of procedure that is exclusively within the judicial power.

Dela Rama, the petitioners’ lawyer, said they also asked that the SC declare null and void the agreement between Romulo and US Ambassador Kristie Kenney.

In the petition, they said the mutual defense treaty (MDT) of Aug. 30, 1951 does not apply to the VFA. The VFA also goes against the concept of a mere "visit" because the US military forces "stay on indefinitely."

According to the petitioners, the respondents committed grave abuse of discretion amounting to lack or excess of jurisdiction when Romulo and Kenney agreed to transfer Smith from the Makati City Jail (MCJ) to the custody of the US Embassy along Roxas Boulevard in the City of Manila.

By applying different procedures and giving the US Embassy custody of Smith, the Romulo-Kenney agreement creates a "privileged class among the criminals" or undue favoritism, the petitioners said. They also said the VFA could be in force indefinitely.