Angry lawmakers in Senate, House move to terminate VFA

By Philip C. Tubeza, Michael Lim Ubac, Inquirer

THE CONCURRENT resolution calling for the termination of the RP-US Visiting Forces Agreement is ready, and is expected to be approved today by the Legislative Oversight Committee on the VFA (Lovfa), lawmakers said yesterday.

The two-page resolution calls for the termination of the VFA and its renegotiation into a Status of Forces Agreement (Sofa) that would allow Philippine custody of US nationals charged with crimes in local courts.

The resolution read: "It appears that the US government has failed to properly take into account the high level of sensitivity with which the Filipino public views the custody of US servicemen on Philippine territory accused of crimes such as rape.

"Now, therefore, be it hereby resolved by the Senate of the Philippines, the House of Representatives concurring, to express the sense that notice of termination of the VFA should be issued, in order to pave the way for [its] renegotiation into a Sofa, with provisions on local custody similar to those of the Sofa with Japan and Korea."

The Japan-US agreement allows Japan to take custody of American servicemen facing criminal charges in court. South Korea has forged a similar agreement with the United States.

Bipartisan support has rapidly formed for the call on Tuesday of Senator Miriam Defensor-Santiago for the termination of the VFA, following the refusal of the US Embassy to surrender custody of the four US Marines charged with raping a 22-year-old Filipino woman.

House Deputy Minority Leader Satur Ocampo and other militant party-list lawmakers Teodoro Casiño, Joel Virador and Liza Maza said they would back the concurrent resolution.

Ocampo said the US Embassy's stance on the issue of custody once more illustrated the United States' "arrogance as a superpower" and "the master-slave relationship between the US and Philippine governments."

Approval expected

The concurrent resolution is expected to be approved by the Lovfa -- which is composed of seven senators and seven congressmen -- when it meets this afternoon, Senate sources said.

It will have to be adopted by the Senate and the House before it is forwarded to President Gloria Macapagal-Arroyo for approval.

"I don't think there will be a problem gathering a majority vote in both chambers of Congress," Senator Santiago, who co-chairs the Lovfa with Cebu Representative Antonio Cuenco, said on Tuesday.

Cuenco, who chairs the House foreign affairs committee, yesterday said he agreed with the resolution "in principle."

"I agree with what Miriam said, but we should still pursue all diplomatic efforts. Failing that, we proceed [with the VFA's termination]," he said.

Only a review

At a briefing in Malacañang, Executive Secretary Eduardo Ermita said the Arroyo administration would hew strictly to the VFA and would "just move for a review of the [treaty] and undertake more diplomatic discussions."

Justice Secretary Raul Gonzalez said that while sovereignty was "non-negotiable," it was not an "absolute" and could be waived in "certain situations" particularly in this instance.

"Our jurisdiction to try this case can never be waived, but the custody may be waived. This case has not diminished our sovereignty, which is just one attribute of statehood," he said.

Gonzalez dismissed comparisons between the treaties forged by the Japanese and Philippine governments with the United States in trying criminal cases committed by US personnel in their respective countries.

"We have the same sovereignty as Japan, but our VFAs are different. You should ask the people who negotiated and ... ratified our VFA [why they allowed the US to retain custody]," he told reporters.

'Grossly onerous'

As early as November, Representatives Ocampo, Virador and Casiño (all of Bayan Muna party-list) filed House Resolution No. 1008 seeking the immediate termination of the VFA that, they said, "undermines our national sovereignty and is grossly onerous for placing US interests over and above our primordial national interests."

Ocampo said HR 1008 could be "the kernel of the concurrent resolution."

Maza (Gabriela party-list), on the other hand, filed HR 1070 urging Ms Arroyo to "uphold the dignity of Filipino women by asserting Philippine jurisdiction [over] and custody" of the US soldiers.

She said 30 lawmakers had endorsed HR 1070 for approval by the plenary.

"The approval of the resolution is urgent. In light of the US government's intransigence on the issue of custody, it's imperative that we take measures to assert our sovereignty and show our determination to expedite justice," Maza said.

Abrogation

At a press conference, Representative Rozzano Rufino Biazon (LP, Muntinlupa), vice chair of the House defense committee, warned that only the President could abrogate a treaty such as the VFA.

"It's an act of the executive. Congress or the oversight committee can only recommend," said Biazon, who added that he found no logical reason for the US refusal to relinquish custody save for "US pride."

But Representative Juan Edgardo Angara (LDP, Aurora) said Ms Arroyo having the last say on any treaty was "not a settled view."

According to Angara, a law graduate of Harvard University, one view says Senate concurrence is necessary to abrogate a treaty. And since the treaty has "the force and effect of a statute (law)," Congress should pass a similar law to scrap it, he said.

"The other view is that the President controls foreign policy," Angara said. "The Senate can no longer unilaterally withdraw its concurrence if the President does not agree with the recommendation of Congress."

To fuse the two views, Angara said, both chambers of Congress should pass a resolution urging the President to withdraw from the treaty.

But the treaty will remain valid for 180 days, he said.

Diplomatic action

Administration lawmakers condemned the US position.

In a joint statement, Representative Exequiel Javier of Antique, vice chair of the House committee on justice, and Representative Edwin Uy of Isabela, chair of the House committee on bases conversion and development, said Malacañang should "consider immediate diplomatic action against the US."

"The US Embassy's refusal to hand over the four Marines shows their disrespect for Philippine laws and sovereignty. It shows the US does not trust our justice system," said Javier, adding:

"They've already violated the rights of our 22-year-old compatriot. We should not allow them to violate our national dignity. They cannot just bully us."

Uy said that since the rape case was filed, the Philippine government had been "too cautious ... so as to prevent any diplomatic row with the US."

Humiliating

"But the US refusal to surrender the servicemen leaves us no choice but to protest the action. We cannot allow them to humiliate our people and country," he said.

Anakpawis party-list Representative Crispin Beltran expressed his "indignation of the highest degree" at the US Embassy, which, he said, had been engaged in "a brazen mockery of the Philippine legal system."

"Worse, it is our own government that is pulling the wool over our eyes," he said.

According to Beltran, there is no justice in the Department of Justice, and the Department of Foreign Affairs "represents, not the Philippines, but another country." With a report from Gil Cabacungan Jr.