Philippines won't move for VFA renegotiation amid Laude killing

MANILA, Philippines - Amid calls for the review and abrogate the Visiting Forces Agreement between the United States and the Philippines, Foreign Affairs Secretary Alberto delo Rosario said on Friday said that the Philippines will not move for a renegotiation of the agreement.

Del Rosario noted that there are mechanisms under the VFA that can be used by both parties as guidelines on issues regarding the jurisdiction and legal custody in crime-related concerns.

“We are looking at the smooth implementation of the mechanism, I think this time, we are not for a renegotiation, because if there is a material change then we have to resubmit the whole thing back to the Senate,” Del Rosario said in an interview.

During the budget hearing at the Senate, Del Rosario told Senate finance subcommittee chairperson Sen. Loren Legarda that the US government will also not be amenable for any amendment to the VFA.

"I am not sure the US will agree," he said.

Del Rosario clarified that the ongoing review conducted at the executive department level has been “ongoing” for a while even before the alleged involvement of a US serviceman in the slay of transgender Filipina Jeffrey "Jennifer" Laude last October 11.

“No, we have been undertaking this review now …since last year. It’s been in our agenda,” he said after attending the budget hearing at the Senate.

“We are reviewing the VFA in its entirety, to see how we can, fine tune it,” Del Rosario added.

In the wake of the controversy on the Olongapo incident, Del Rosario said the DFA is also looking on the provisions on jurisdiction and custody. “Well, the sticky points are: jurisdiction, the custody and official duty. We are looking at all of those,” he added.

During the hearing, the foreign affairs secretary said that the Philippine government will request for the legal custody of US Marine Private First Class Joseph Scott Pemberton once formal charges are filed before the court.

When asked by Legarda on how similar incidents where crimes by US servicemen are committed in Philippine shores can be prevented in the future, del Rosario echoed the statement of President Aquino that crimes happen everywhere regardless of victims.

Del Rosario, however, gave assurances that the Philippine and US governments are working closely to ensure that the mechanisms under the VFA are enforced to handle these concerns.

“I think madam chair, as the President has expressed, crimes are committed everywhere. So that aspect of the problem cannot be addressed.  But what are trying to is, that we have a mechanism at place, and we are trying to make that work. And we are trying to demonstrate that it does works,” he said.

Legarda recognized that socio-cultural backgrounds also play important roles in the implementation of defense agreements between the two parties.

“It’s clear that the defense arrangement from socio-cultural realities that happen in the grounds,” she said.

Legarda called on the Department of Social Welfare and Development (DSWD) to do its part in educating local residents in areas frequented by US soldiers especially during military exercises.

“Perhaps the DSWD can also help in areas where there is presence of foreign troops, who are here temporarily based on the VFA and the EDCA, and again the locals in those areas can be briefed on what to expect, how to act and the repercussions of certain actions so that they are enlightened and so that these incidents will not happen again,” she said.

“What is important here is that the US and the Philippines are coordinating very closely,” Del Rosario responded.