Miriam: Visiting Forces Agreement up for review

MANILA, Philippines – The Legislative Oversight Committee on the Visiting Forces Agreement (VFA) will review the pact to set clearer guidelines on how US soldiers accused of crimes should be treated.

Speaking to reporters yesterday, Sen. Miriam Defensor-Santiago, Legislative Oversight Committee chair, said they must take a “good tough look” at the VFA.

“There are other pending VFAs, for the information of the Filipino public, with other countries,” she said.

Santiago said the hearing would be held next month as Foreign Affairs Secretary Alberto Romulo had asked that he be given time to attend to the issue.

“Generally, my personal opinion, as chairperson of the committee on foreign relations, is we have to start examining these VFAs and see whether the loss to our self-esteem  and our sense of sovereignty is compensated for by what normally are the regular bargaining chips  of these countries,” she said.

Santiago said she personally did not like the VFA because the Philippines had been getting “junk” military aid from the US.

“Besides, it’s supposed to be a two-sided agreement, but we never go to the United States, our people do not go to the United States, we never practice our military exercises there, so it’s completely one-sided,” she said.

Santiago said the Philippines must be getting more from the VFA since it had been “acting as a lightning rod for the enemies of the US.”

“We are being used as a monitoring station by the US Armed Forces in its so-called ‘war on terror.’

“Every few years they need to upgrade their facilities and then they go around the world offering these junk to countries like the Philippines who can be badgered or pressured to grant these concessions which normally do not sit well with the university students or the leftists in our society.”

Santiago said the CA decision acquitting US Marine Lance Corporal Daniel Smith was “insensitive” to public opinion, especially in ordering the immediate release of the American from detention.

“I don’t know why this sentence had to be included in that decision, it’s a standard sentence in decisions of acquittal by lower courts, but in this case, since the accused  is part of a very controversial agreement between the Philippines and the US, (the CA) could have been more prudent to include the sentence,” she said.

Santiago said the CA should have given the Department of Foreign Affairs time to determine certain formalities that must first be undertaken before Smith could be allowed to leave the country.

US authorities pounced on the ruling that Smith could be released right away, she added.

Gov’t knew of Smith departure – Kenney

US Ambassador Kristie Kenney said yesterday the Philippine government was informed through the Department of Foreign Affairs of the departure of Daniel Smith.

“The Philippine courts were the ones that had jurisdiction over this case so it is important to keep the DFA fully posted and to work with them at every stage.” she said. “They were, of course, notified not only of the decision but of Daniel Smith’s departure from the country. We followed all the procedures of the VFA .”

Kenney said Smith left the Philippines after receiving a copy of the Court of Appeals decision acquitting him of the crime of rape.

“The CA sent him a copy of the decision which called for his immediate release,” she said.

Kenney said US Marine Crops Headquarters will determine what to do with Smith. He should be entitled to the same privacy given to Nicole “so they can rebuild their lives and move on.”

Smith is now reunited with his family in the US, Kenney said.

Smith to leave Marines

Smith is expected to leave the US Marine Corps like the other US soldiers who were involved in the Subic rape case, his lawyer said yesterday.

“I think so,” lawyer Jose Justiniano said when asked if Smith is expected to leave the service after he serving for more than four years.

Justiniano said Americans who join the military voluntarily are given four-year contracts and afterwards given the option to leave or continue their tours of duty.

Many join the service to get scholarships and other benefits, he added.

Justiniano said he did not even get a chance to say goodbye or talk with Smith before he flew to the US.

However, Smith sent an email to lawyer Joan de Venecia to express his “appreciation for the work of his lawyers,” he added.

Justiniano said he is not hurt by the personal attacks that he defended an accused rapist of a Filipina.

“It is the job of the lawyer to handle a case irrespective of race, nationality, religion, and social standing of his client,” he said.

“I’m just doing my job, nothing personal, that’s the way I handle my cases. I don’t harbor any ill feelings towards my opponents.

“If you’re carried away by your emotions, you will not be doing a good job, you have to be objective.”

Justiniano is preparing to go to the US to relax and watch Manny Pacquiao’s fight with Ricky Hatton in Las Vegas.

He bought a ticket for the big event at the MGM Grand on May 2 for $600, he added.

Asked if he would like to join Pacquiao’s legal team, he said: “I would be honored.” — With Pia Lee-Brago, Michael Punongbayan