MANILA, Philippines - Sen. Juan Ponce Enrile believes a constitutional amendment is needed to allow the United States, Japan and other allies to have access to military bases in the Philippines.
“We have to enter into a treaty arrangement and craft a different type of system where we can probably set up facilities that will be usable by the allied forces of the Philippines, whenever they visit the Philippines,†he said.
“If the bases will be Philippine military bases, then what is the need for putting up a facility to service the troops of other countries? I do not know whether we can do that in the Mutual Defense Treaty.â€
Enrile doubted whether the US or any other ally can be granted access to Philippine military bases.
“I do not know whether you can do that,†he said. “That will become an issue before the Supreme Court.â€
Enrile said foreign military bases are prohibited under the present Constitution.
The Visiting Forces Agreement does not contemplate the existence of permanent foreign military troops in the Philippines, he added.
Senators agree that the VFA is “controlling document†in discussing the proposal of the defense department to provide military access to the US and other allies.
Sen. Franklin Drilon said the parameters, details and issues regarding any ongoing or proposed activity must be resolved on the basis of the VFA.
“The situation on the ground must be tested against the standards set in the VFA and our Constitution,†he said.
Drilon said any arrangement allowing military bases without a treaty must be rejected as contrary to the Constitution.
Sen. Antonio Trillanes IV said the rationale of the access agreement must be laid out.
“Once justified, we can start discussing the legal framework for it. If the access arrangement could be reduced to an implementing guideline of a prior agreement, then it would be less complicated,†he said.
Trillanes said the access arrangement is just part of intra-alliance operability exercise, not a preparation for war.
Sen. Gregorio Honasan said the consequences of clear foreign, security, and economic policies and if they serve the national and public interest must be determined.
He wants to know if such move is allowed under the Constitution and international law; if it’s clear in all bilateral and multilateral security and economic agreements, including the Mutual Defense Treaty and VFA.
Sen. Sergio Osmeña agrees there’s need to define temporary basing, length of time, type of facilities and number of personnel.
No stopping China
A defense expert said yesterday an access agreement with the US would not stop China from reinforcing maritime patrols in the West Philippine Sea.
However, Rommel Banlaoi, Philippine Association of Chinese Studies vice president told The STAR the agreement could prod China to exercise restraint.
“The access agreement with the US will not prevent China from increasing its maritime patrols in the South China Sea,†he said.
“But it will compel China to exercise self-restraint in making provocative actions or aggressive moves in the disputed waters.â€
Last week, the government said it is ready to provide the US and other allies access to bases to counter China’s aggressive activities.
Defense Secretary Voltaire Gazmin said Philippine and US officials discussed the access agreement during the Two Plus Two ministerial meeting in Washington last year.
Banlaoi said China is not likely to leave the disputed areas it is now occupying.
“Current domestic realities in China amidst popular nationalism will not prod China to leave Philippine land features it occupies in the KIG (Kalayaan Island Group),†he said.
“That applies also with Vietnam. No claimants will leave the contested areas they presently occupy.â€
Banlaoi said the Philippines could only drive away the Chinese by winning a war.
“If the Philippines can win a war, it can force China to leave KIG areas,†he said. “But war is not an option for the Philippines for obvious reasons.â€
Banlaoi said Vietnam left an area in the Paracels after China defeated it in a war.
“Complex disputes in the South China Sea can only be peacefully settled through direct negotiations or international arbitration,†he said.
China has been occupying Philippine-owned areas to asset its territorial claim, which covers practically the entire West Philippine Sea.
Despite China’s creeping invasion of its territory, the Philippines can only file diplomatic protests and arbitration case.
Department of National Defense (DND) spokesman Peter Galvez said the government is carefully studying the agreement to ensure that it would be advantageous to the country.
“This (agreement) will help us especially with our current regional security situation,†he said.
“We were bullied. We are being bullied by our neighbor but other than that, we also have to look after our own interest.
“We will always make sure that the plans, whatever plans that will be made will also be advantageous to us.â€
The Communist Party of the Philippines (CPP) said the access plan could provoke China and further complicate the situation in the West Philippine Sea.
“By actively supporting the US military buildup in the Asia-Pacific and allowing it to use the Philippines as a platform for US naval operations in the region, the Aquino government has made the peaceful resolution of the South China Sea disputes more difficult to attain,†the CPP said.
“It is provoking China to be more aggressive in its defense of its territories and push beyond its sea borders.â€
China has strengthened its presence in the Panatag (Scarborough) Shoal off Zambales and Ayungin Shoal off Palawan.
It has also built structures in Panganiban Reef, about 70 nautical miles from Palawan and Subi Reef, an islet 12 nautical miles southwest of Pag-asa island. –With Alexis Romero