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VFA review won’t lead to changes—DFA chief
By AMITA O. LEGASPI, GMA News
It is unlikely that the ongoing review of the Visiting Forces Agreement will result in any amendment or renegotiation as some lawmakers wish, Foreign Affairs Secretary Albert del Rosario told a Senate Subcommittee on Finance on Friday.
“I think the level of consultation now is not negotiations. It is a review of both parties,” Del Rosario said during a hearing on the Department of Foreign Affairs' proposed P12.8 billion budget for 2015.
Asked by Senator Loren Legarda if the VFA would be amended, the DFA Secretary said: “I think in essence, I’m not sure the US will agree.”
Some legislators have called for a review of the VFA after US authorities invoked the treaty in keeping US Marine Private First Class Joseph Scott Pemberton in their custody. The pact provides for the conduct of joint exercises between Filipino and US troops in the country.
Pemberton is facing a murder complaint for the death of Filipino transgender woman Jeffrey "Jennifer" Laude, who was founded beaten up and drowned inside an Olongapo City motel room on October 11.
The 19-year old American soldier was a participant in the recently concluded Amphibious Landing Exercises and is covered by the VFA.
Some legislators have called for a review of the VFA after US authorities invoked the treaty in keeping US Marine Private First Class Joseph Scott Pemberton in their custody. The pact provides for the conduct of joint exercises between Filipino and US troops in the country.
Pemberton is facing a murder complaint for the death of Filipino transgender woman Jeffrey "Jennifer" Laude, who was founded beaten up and drowned inside an Olongapo City motel room on October 11.
The 19-year old American soldier was a participant in the recently concluded Amphibious Landing Exercises and is covered by the VFA.
Del Rosario said the ongoing review of the VFA by Philippine and US officials was meant to iron out complications arising from its implementation.
“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 on that, we have to resubmit the whole thing back to the Senate,” Del Rosario said.
Sticky points
On whether the review covered provisions on jurisdiction and custody over American soldiers that figure in crimes in the country, Del Rosario replied in the affirmative.
“The sticky points are jurisdiction, custody and official duty. We are looking at all of those,” Del Rosario said.
He said that officials were looking at the VFA in its entirety and how they could fine-tune its implementation.
Del Rosario denied that the review was a result of the Laude case, saying it had been going on "since last year."
“It’s been in our agenda for a while now,” said Del Rosario.
Asked when the review will be finished, Del Rosario said, “there are so many things that are getting in the way but we are endeavoring to do that as quickly as possible.”
The secretary admitted that the Laude murder case drew attention to the VFA.
“I think there is great interest in the VFA because of the apparent attention that it attracts from this case of Jennifer,” he said.
Crimes happen
Crimes happen
Legarda asked how an incident such as what happened to Laude could be prevented. Del Rosario said Philipppine officials were trying to ensure that the VFA worked.
“Crimes are committed everywhere so that aspect of the problem there cannot be addressed but what we are trying to do is we have a mechanism in place, we are trying to make that work and we are trying to demonstrate that it does work,” Del Rosario said.
Several lawmakers are calling for a review and amendment, even for an abrogation of the VFA, due to its provision on custody and jurisdiction which were allegedly disadvantageous to Filipinos.
Del Rosario said the jurisdiction of the case, without question, lies with the Philippines but it is a different thing with custody.
“Sa custody, in accordance with the VFA, legal custody remains with United States. Although in the case of Pemberton, we have requested for custody in terms of the extraordinary situation,” he said.
He said since Pemberton is now being held in Camp Aguinaldo, “the US has legal custody but he is in a Philippine property within a military base and security is being provided by both the Philippines and the US government.”
Del Rosario said the Philippines had yet to ask for legal custody over Pemberton because the suspect had yet to charged before a court. The Olongapo City is conducting a preliminary investigation on the case.
“We will formally ask and we said to them (US) already that we will be asking,” he said.
“You can be sure that he will not leave the country and you can be assured that the VFA, we intend to show the public it works and that justice will be served,” the DFA secretary added. —NB, GMA News
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