SC affirms ruling to deny bid for VFA renegotiation

MANILA, Philippines - The Supreme Court has affirmed its ruling last year junking the bid of a group for the government to renegotiate with the United States certain provisions of the Visiting Forces Agreement (VFA).

In a resolution released yesterday, the SC denied the motion filed by University of the Philippines law professor Harry Roque Jr. last year insisting on the issuance of a writ of execution for the implementation of its Feb. 11, 2009 decision that ordered the Department of Foreign Affairs “to negotiate with the US
government for a more equitable and just Visiting Forces Agreement.”

The SC stressed that its order for the DFA to negotiate with the US representatives for the appropriate agreement on detention facilities under Philippine authorities “has been complied with; thus, said decision is in the process of being executed.”

“It should be noted that this Court has no executing officer unlike regional trial courts. This is the reason why the execution of the decision dated Feb. 11, 2009 has been delegated to the court of origin,” added the two-page ruling signed by SC clerk of court Enriqueta Vidal.

Part of the 2009 SC ruling, which upheld the constitutionality of the VFA, was putting up of proper detention facilities for US military service people under Philippine authorities.

Roque, who represented former Vice President Teofisto Guingona Jr. in the case, filed the motion for execution last February 2013 after the American minesweeper USS Guardian ran aground at Tubbataha Reef in the Sulu Sea in January last year.

He explained that a renegotiation of the VFA could pave the way for abrogation of the agreement.

Roque was both petitioner and counsel in the case before the SC, questioning the constitutionality of the VFA after the US forcibly took custody of US Marine Lance Corporal Daniel Smith, who was then convicted of raping a Filipina identified only as “Nicole.”

In March last year, the SC denied Roque’s request, saying the motion for execution should have been filed with the Makati Regional Trial Court Branch 139 where the case had originated.

Phl, Canada sign MOU

Canada and the Philippines signed yesterday a Memorandum of Understanding (MOU) covering training opportunities for Filipino soldiers in Canada, formalizing the defense training cooperation program between the two countries.

Canadian Ambassador Neil Reeder and Armed Forces of the Philippines deputy chief of staff Lt. Gen. Virgilio Domingo witnessed the signing of the MOU in Camp Aguinaldo, Quezon City.

AFP personnel are provided opportunities to attend training courses offered by the Canadian Armed Forces in various military training facilities in Nova Scotia, Ontario, Quebec and British Columbia.

“I am pleased to witness today this important milestone in our countries’ defense cooperation program. Canada and the Armed Forces of the Philippines (AFP) have enjoyed a strong military training partnership since 1997, and today’s signing allows that partnership to continue and flourish even further,” Reeder said.

With Pia Lee-Brago, Alexis Romero