7 senators sign resolution vs VFA

MANILA, Philippines - Seven senators have signed a resolution asking the Department of Foreign Affairs (DFA) to renegotiate the Visiting Forces Agreement (VFA) between the Philippines and the United States, citing flaws in the deal.

Those who signed Resolution No. 1356 were Senators Miriam Defensor-Santiago, chair of the legislative oversight on the VFA; Rodolfo Biazon, chair of the national defense committee; Joker Arroyo, Richard Gordon, Gregorio Honasan II, Panfilo Lacson and Francis Pangilinan.

In the resolution, the senators said the “fatal flaw of the VFA is the failure to specify the period of stay of visiting forces, and the failure to define what are the ‘activities’ that they can engage in while in Philippine national territory.”

“Although the VFA calls itself a ‘visiting’ agreement,’ it has been in force for some 10 years,” the resolution read.

The senators cannot abrogate the VFA but they noted the Senate shares a treaty-making power with the President under a constitutional provision stating that “no treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the members of the Senate.”

Defense Secretary and administration presidential candidate Gilbert Teodoro, for his part, defended the VFA, saying it fosters cooperation on the training of Filipino soldiers in the fight against terrorists and other security threats.

“We will continue this as long as there are opportunities for training,” he said.

He added that for as long as the VFA exists, the presence in the country of American soldiers “is legally unquestionable.”

While admitting that there had been abuses committed by US soldiers, Teodoro said “upon complaint, the concerned US personnel were immediately reprimanded and sent home.”

“We have very good officers there. They don’t take insults sitting down,” he said.

“As a result, these incidents have been getting fewer,” he said.

A case questioning the VFA is pending in the Supreme Court. The complainants, including former Senate President Jovito Salonga, said the presence in the country of US troops since 2002, even if they are rotated on a six-month basis, violate the Constitution.

Based on the questions raised by Tawi-Tawi Rep. Nur Jaafar, the abuses have to do with the attitude of American soldiers toward their Filipino counterparts and hosts.

Jaafar complained that US officers “act like emperors dictating on our forces.”

A similar complaint was aired recently in a Senate hearing by Navy Lt. Nancy Gadian, who was involved in the Balikatan joint military exercises between US and Philippine troops and who has accused a general of misusing millions in Balikatan funds.

Gadian said US officers shout orders at Filipino soldiers. 

Meanwhile, the Presidential Commission on the VFA (VFACOM) called for further consultations with Congress and for an in-depth study on a Senate recommendation to abrogate the agreement.

“The Commission respects and values highly the views of our senators. As mentioned earlier by Executive Secretary Ermita, we look forward to the conduct of an in-depth study on the matter, as well as further consultations with Congress,” said VFACOM Undersecretary Edilberto Adan.

“The VFA remains important and continues to serve the national interest,” he added. With Jess Diaz, Pia Lee-Brago