At the bridge

There is a story told about a legendary Roman captain of the bridge which spanned the Tiber River to Rome. At end of the sixth century B.C., when Rome was not yet the great empire it became later, it was engaged in a war with the Etruscans who inhabited the other side of the Tiber.

During the war, the Etruscans marched toward Rome with thousands of horsemen and foot soldiers. The Romans then did not have too many fighting men. They knew that if the Etruscan army captured that bridge, the way to Rome would be clear.

But Horatius, the captain of the bridge, decided to fight at the other side of the bridge and prevent the enemy from crossing. He ordered some of his men to tear the bridge down. While they did that, Horatius, with only two men at his side, would block the advancing foe, or die trying.

When the bridge began to sway, Horatius told his comrades to run to the other side. Alone, the legend goes, he continued to hold off the enemy. As the bridge began to fall, he ran toward the other side. Before it collapsed on him, he jumped, clad in heavy armor, into the river. The Etruscans were unable to cross. Rome was saved!

I am reminded of this legend by the reported cancellation of the US government of Balikatan 2007, the joint military training exercise of US and Filipino troops. The reason cited by the US Embassy was the "current custody issue that’s still working its way through the Philippine judicial system."

That "custody issue" involves US Marine Lance Corporal Daniel Smith who was recently convicted by the Makati regional trial court of the crime of rape. The US, citing the Visiting Forces Agreement, demanded custody of Smith at the US Embassy while his appeals wound their way through Philippine courts.

Judge Benjamin Pozon of the Makati RTC, reading the same VFA, had ordered the temporary custody of Smith at the Makati city jail, until the appropriate authorities of the Philippine and US governments reached an agreement on the facilities where detention or confinement by Philippine authorities would be carried out.

The US argues that the VFA grants custody of Smith to the US until all appeals are completed. Judge Pozon ruled that the particular provision on which the US relies applies only until completion of trial and rendition of judgment.

Our law also provides that a judge may order a person convicted of a capital crime held at the national penitentiary in Muntinlupa until his appeals are resolved. But in light of the VFA, Judge Pozon issued the order for temporary custody described above.

Certain "agreements" executed after promulgation of the Pozon decision, which purported to grant custody to the US Embassy, were unavailing, the Judge said. Those agreements were not signed on behalf of the Philippines by legally authorized officials. Further, the US Embassy was not the "facility" referred to in the VFA for "confinement or detention by the Philippines."

The US insists that the Philippines should respect its treaty obligations. The assumption is that the VFA is absolutely clear on the obligations of the Philippines on the custody issue. However, the language of the VFA on the matter is ambiguous.

Both parties recognize that since the crime of rape is within Philippine jurisdiction under the VFA, the matter will be decided ultimately by the Supreme Court. Smith’s appeal of his conviction and place of custody is still before the Court of Appeals.

In the meantime, the US has begun to turn the screws and has cancelled Balikatan 2007. Some senators charge that the cancellation smacks of blackmail. Malacañang, on the other hand, considers it a "setback."

The US has reportedly pulled back some soldiers engaged in relief work in typhoon-ravaged Bicol, a real class act. Its military explains it’s worried about the "legal rights" of American soldiers while in this country.

One Palace legal adviser has publicly declared that the Executive has the final say on custody. Anyway, he says, all our courts can do is to cite the Executive for contempt. Not a big deal, he seems to think. Nonetheless, he acknowledges that the government will let the appellate courts handle the matter.

Our government is evidently worried that a rift with the US will prejudice our military modernization program, which presumably is tied to the VFA. One question this raises, though, is the wisdom of showing weakness in the very first case on criminal jurisdiction coming under the VFA, particularly when the text of that agreement is ambiguous on the issue of custody after conviction by a trial court.

Another question is what is meant by "modernization," in relation to military assistance we’re getting from the US. This "assistance" usually consists of discarded, reconditioned equipment which, to be sure, are quite serviceable, but whose reliability is largely dependent on US willingness to provide spare parts and maintenance training.

But it appears the country is now more financially capable to acquire military equipment, pursuant to approved national security plans. These plans reflect a realistic appraisal of our current security needs. We have eschewed "beauty contests" with neighboring countries which flaunt advanced fighter jets and high-tech armament.

This implies we can look to other suppliers and not depend on the US for equipment supplies and maintenance. The US will have to compete with other arms suppliers and would not be the only game in town.

The matter is clearly in our country’s court. Diplomatic pressure is a fact of international relations. It’s up to us to determine whether or not the pressure is irresistible. It won’t be the first time the President runs the risk of displeasing Washington. Remember her withdrawal of the AFP contingent from Iraq?

Oh yeah, about Horatius, Romans who saw him jump into the Tiber as the bridge collapsed feared he would drown in the raging current, under the weight of his own armor. But he surprised everyone by safely reaching the city side of the river. Although an Etruscan arrow put out one eye, Horatius lived out his days as a farmer on land awarded him for his heroism. Grateful Romans erected a fine brass statue in his honor.

I guess the simple lesson the legend of Horatius teaches us is that sometimes, despite seemingly insurmountable odds, political courage pays off.