I PASSED by a coffee shop one afternoon to get a cup of caramel macchiato. As I waited for my name to be called, I overheard a group of men – whom I believed were already in their twilight years – talking about the Visiting Forces Agreement (VFA).
There were a lot of customers so I have to find a place where I could wait for my coffee. I stood near the table where these men were having a coffee sesh. I waited for almost five minutes and I can’t help listening to their conversation. The place was not that big and it was more than enough for anyone to hear them.
There were two things I overhead about VFA – why does President Duterte want to end it, and can the former terminate the latter alone?
The VFA is an agreement between the Philippines and the United States. It contains the guidelines and conditions for US military and civilian personnel sent to the Philippines. This is in support of the Mutual Defense Treaty (MDT) between the two countries.
The implementing agreement of the VFA is the Enhanced Defense Cooperation Agreement (EDCA). It promotes the agreement between the Philippines and its defense treaty.
The MDT was established to provide mutual support in case of foreign attack.
The VFA provides for wider military presence of US troops, planes, and ships in the Philippines. It also provides procedures and remedies on how to solve issues that might result from the presence and activities of US forces in the Philippines.
This way, the Philippines acquired jurisdiction over US personnel in the event they committed a crime in accordance with Philippine laws.
However, if the crime committed is in relation to US security and property or in the performance of their official duty, then it’s the US military which has jurisdiction over the person.
The VFA may be terminated. It states that the “agreement shall remain in force until the expiration of 180 days from the date on which either party gives the other party notice in writing that it desires to terminate the agreement.”
President Duterte moved to terminate the VFA because, first, the US did not push through with an aid package for the Philippines from the Millennium Challenge Corporation, and second, the US cancelled the visa of Sen. Ronald “Bato” Dela Rosa over links to human rights violations.
Article VII, Section 21 of the 1987 Philippine Constitution states that “no treaty of international agreement shall be valid and effective unless concurred in by at least two-thirds of all the Members of the Senate.”
The Constitution requires Senate approval when signing a treaty, but is silent whether the same concurrence of Senate is necessary for the President to validly terminate it.
This issue is brought up again because the Philippines and the US started talks on the VFA fate after President Joe Biden’s election victory. It started when Foreign Affairs secretary Teodoro Locsin Jr. and Defence decretary Delfin Lorenzana spoke with their counterparts in the Biden administration.
The VFA may not be perfect but it is essential, considering our country’s situation and capacity. It’s good to know that talks are now ongoing because this only means that both countries are commited to defend one another in case of foreign attack.
There will be a group to support and help the Philippines against armed forces, public vessels, or aircraft in the Pacific. And, of course, that includes the West Philippine Sea./PN
