Activist Solon Slams DND Chief on VFA; Cites More Inequalities Under Pact

Anakpawis party-list Representative Rafael Mariano today assailed Defense Secretary Gilbert Teodoro�s statement treating the Visiting Forces Agreement between the Philippines and the United States like �wedlock� between the two countries. He said that �the relationship between the two countries is marred with �historical injustice and continuing master-slave relations� and cited more inequalities under the decade-old VFA.

Mariano issued the statement after Teodoro said that �when couples have a problem, they don�t just end their relationship, they try to make it work.�

�Like in any other relationship, you try to make it work even when there is a problem� if it is unworkable then that�s the time we must make another move,� Teodoro said suggesting that �both the US and Philippine governments institute preventive measures, such as limiting American troops� leisure time, to avoid a repeat of what happened in the case of Marine Lance Cpl. Daniel Smith.�

�Teodoro�s statement smacks of puppetry, treason, and total disregard of the Filipino people�s struggle for national sovereignty,� says Mariano.

Mariano pointed out that �Smith�s case did not simply arise from American troops� rest and recreation. His criminal deed mainly arose from the impunity granted by the lopsided VFA to US troops.�

Citing a study made by the National Union of Peoples� Lawyers (NUPL) on the VFA 1 and VFA 2, Mariano criticized the different Rules on Waiver of Jurisdiction in VFA Art. V, 3 (b) stating, �Recognizing the responsibility of the United States military authorities to maintain good order and discipline among their forces, Philippine authorities will, upon request by the United States, waive their primary right to exercise jurisdiction.�

On the other hand, Art. VIII, Sec. 2 of the VFA II states that �When so requested by the Philippines, The State Dept. will ask the appropriate authorities in the US having jurisdiction over an offense committed by (a Filipino) to waive in favor of the Philippines their right to exercise jurisdiction, except in cases where the Department of State and the Department of Defense, after special consideration, determine that United States interests require the exercise of United States federal or state jurisdiction.�

Yesterday, Mariano also cited the same NUPL study which says that VFA 1 limits Philippine jurisdiction in Art. V (3) where (a) Philippine authorities shall have the primary right to exercise jurisdiction over all offenses committed by United States personnel, except in cases provided for in paragraphs 1(b) violates US military law; 2 (b) violates US Security; and, 3 (b) offenses in performance of official duty.

�But there�s nothing in VFA 2 that limits US jurisdiction in the Philippines,� the Anakpawis lawmaker said. �This is clearly an abnegation of our sovereignty and territorial jurisdiction,� he added.

Mariano said that �even on the issue of taxation, VFA 1 states that �reasonable quantities of personal baggage, personal effects, and other property for the personal use of US personnel may be imported into and used in the Philippines free of all duties, taxes and other similar charges during the period of their temporary stay in the Philippines.��

However, Mariano said, under Art. X and XI of VFA II �The acquisition of goods and services in the US market by Philippines personnel for personal purposes shall be subject to applicable United States taxes. The baggage and effects of Republic of the Philippines personnel and articles, including household goods, for the personal and family use may be entered into the United States within six months of first arrival without the payment of duties, internal revenue taxes.�

�After six months, Filipinos are no longer exempted,� he said.

Mariano said that under VFA 1 Art. III Sec. 2. United States military personnel shall be exempt from passport and visa regulations upon entering and departing the Philippines.

While VFA 2�s Art. IV Sec. 1.(a) states that �the Embassy of the United States of America will issue visas, valid for multiple entries, to Philippine personnel traveling to the US and reserves the right to deny visa.�

Mariano, who is set to join a caravan against the Balikatan in Bicol this week, reiterated calls for the pull-out of US troops from Philippine soil and the scrapping of the US-RP VFA which he described as �an onerous and one-sided� agreement between the two countries.

�This continued undermining of Philippine sovereignty through the VFA made possible by the Philippine government�s own subservience to American dictates must be stopped,� Mariano said.

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