OpinionsEcon 101Reviewing the VFA

Reviewing the VFA

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President Duterte has threatened to terminate the Philippines-United States Visiting Forces Agreement over Washington’s cancellation of the visa of Sen. Ronald “Bato” dela Rosa due to his alleged involvement in the extrajudicial killings as former chief of the Philippine National Police that is implementing the administration’s war on drugs campaign.

The cancellation of Dela Rosa’s visa is in accordance with the US Senate Resolution 142, invoking the Global Magnitsky Act, which gives its executive branch the power to impose visa and travel restrictions and financial sanctions on human rights violators anywhere in the world.

If sanctions are imposed, affected Philippine officials may be denied US visas, and may have their bank accounts and assets in America frozen.

Duterte’s pronouncement is significant as the VFA is a bilateral visiting forces agreement between the Philippines and the United States, a version of a status of forces agreement that only applies to troops who are temporarily stationed in a country. The agreements came into force on May 27, 1999 upon ratification by the Senate of the Philippines.

As a background on the VFA, its constitutionality was actually challenged twice. The case Bayan v. Zamora was dismissed on Oct. 10, 2000 by the Supreme Court of the Philippines sitting en banc.

The second challenge, submitted on Jan. 2, 2007 by Suzette Nicolas y Sombilon vs. Alberto Romulo, et al./Jovito R. Salonga, et al. vs. Daniel Smith, et al./ Bagong Alyansang Makabayan, et al. vs. President Gloria Macapagal-Arroyo, et al., was decided on Feb. 11, 2009, again by the Supreme Court sitting en banc, ruling that, “The Visiting Forces Agreement between the Republic of the Philippines and the United States, entered into on Feb. 10, 1998, is UPHELD as constitutional….”

The US government regards these documents to be executive agreements not requiring approval by the US Senate.

Among the benefits of the VFA cited by the Department of Foreign Affairs include the modernization of the Armed Forces of the Philippines, in which the VFA enables the Philippine military to gain access to US military hardware.

The Agreement allows the U.S. government to retain jurisdiction over U.S. military personnel accused of committing crimes in the Philippines, unless the crimes are “of particular importance to the Philippines”.

The Agreement also exempts U.S. military personnel from visa and passport regulations in the Philippines. It contains various procedural safeguards, such as the right to due process and proscribe double jeopardy, requires that the U.S. honor contractual arrangements and comply with U.S. law regarding payment of just and reasonable compensation in settlement of meritorious claims for damage, loss, personal injury or death, caused by acts or omissions of US personnel; exempts material exported and imported by the military from duties or taxes, and allows unrestricted movement of U.S. vessels and aircraft in the Philippines.

Is President Duterte indeed serious about cancelling the VFA?

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Author’s email: [email protected]

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