Locsin says VFA needs ‘vigorous review’

Termination notice not yet sent to US

MANILA, Philippines — The Visiting Forces Agreement (VFA) with the United States that President Duterte wants abrogated should be “vigorously reviewed,” according to Foreign Affairs Secretary Teodoro Locsin Jr.

At a hearing by the Senate committee on foreign relations yesterday, Locsin said the Department of Foreign Affairs (DFA) “at this point, proffers no preference” for either a review or termination of the VFA.

He added, “But at this point, I think, a review, a vigorous review of the Visiting Forces Agreement is called for.”

Asked if he had sent the notice of termination to the US, Locsin said he had already prepared it, “but it has not been sent upon the orders of the President.”

“I prepared it and I specifically said that I will send it upon the direct personal order of the President and no one else,” Locsin said.

He said the President did not consult the DFA when he issued the order to terminate. But as commander-in-chief, Locsin said Duterte “must be allowed to express himself (to respond) to an insult delivered by a foreign power.”

Duterte’s order followed news of the cancellation of the US visa of Sen. Ronald dela Rosa, who as national police chief had supervised the first phase of the brutal war on drugs.

The President gave the US 30 days from Jan. 23 to restore Dela Rosa’s visa or face the prospect of VFA cancellation. The abrogation of the VFA takes effect 180 days after either party formally moves to scrap the pact.

Locsin also said abrogating the VFA would render the Mutual Defense Treaty (MDT) and the Enhanced Defense Cooperation Agreement (EDCA) “nothing but pieces of paper.”

“When you abrogate the VFA, the MDT can remain and so with EDCA but both will be nothing but merely pieces of paper… as the VFA is the implementing document,” Locsin said upon questioning by Senate Minority Leader Franklin Drilon.

Initially, Locsin said MDT and EDCA can remain without the VFA but Drilon advised him to review the Supreme Court jurisprudence, which basically stated that the EDCA can only exist with the VFA.

Drilon, meanwhile, maintained that the Senate must be consulted on matters concerning foreign policy formulation.

“The threatened termination of the VFA highlights and validates the need for the Senate to be part of foreign policy formulation. It is part also of our check and balance. It is part of our exercise of that shared power insofar as foreign policy formulation is concerned,” he said. 

“A failure on our part to assert such role is an abdication of our ability and our authority to participate in foreign policy formulation. Our failure to do so will weaken the Senate,” Drilon said in his opening statement.

Shared responsibility

He stressed the power to approve a treaty or international agreement is vested by the Constitution upon the President and the Senate. “Once ratified and concurred in, it becomes part of the law of the land. I repeat that, when we ratify a treaty, that treaty becomes part of the law of the land. Therefore, it is our submission that a treaty may not be undone without that shared power that put it into effect,” he said.

“Again, this validates the role of the Senate in the abrogation, termination or withdrawal from treaties and international agreements. The Senate must be consulted and must assert its role as partner of the President insofar as foreign policy formulation is concerned.” he said.

Sen. Grace Poe suggested that any review or renegotiation should cover custody of US servicemen arrested in the Philippines for criminal offenses; visa requirements for Philippine and US soldiers; and customs privileges of troops of either party.

“While the Philippines has the prerogative to terminate the VFA anytime, the continuance of the agreement is deemed to be more beneficial to the Philippines compared to any benefits were it to be terminated,” Locsin told the panel chaired by Sen. Aquilino Pimentel III.

“Terminating the VFA will negatively impact on the Philippines’ defense and security arrangements as well as the overall bilateral relations of the Philippines with the US and perhaps even on the sub-regional and multilateral level,” he said.

The hearing, attended by top security, military and justice officials, came a few days after Senate President Vicente Sotto III, Sen. Panfilo Lacson and Drilon filed a resolution asking Duterte to reconsider his decision to scrap the VFA.

Upon questioning from Sen. Francis Tolentino, vice chairman of the committee, Locsin promised to make every effort to save the MDT, saying the country would be in “severe danger from a foreign aggressor” without the treaty.

The US also plans to spend over P200 million in 2020 to 2021 providing aircraft, training, equipment and construction for the Armed Forces and more than $45 million in foreign military financing (FMF).

Without the VFA, the US departments of State and Defense will be hard put in getting funds from the US Congress for FMF and other defense assistance programs for the Philippines, he said.

The VFA allows for continued support in addressing non-traditional security threats such as trafficking in persons, cyber attacks, terrorism and illegal narcotics through training, joint exercises and exchange visits, as well as humanitarian assistance during disasters, he said.

US military support was also crucial in winning the battle against ISIS-linked militants in Marawi City in 2017 as well as in the rescue of foreign hostages from the Abu Sayyaf.

Trump support

While some quarters may see the US as neglecting the Philippines – its long-standing ally in Southeast Asia – Locsin pointed out that no less than US President Donald Trump has shown special treatment for the country.

Trump attended the Association of Southeast Asian Nations summit in Manila in 2018 and has not attended any other ASEAN summits so far since.

He also signed on Dec. 20, 2019 the US National Defense Authorization Act that mandates the secretaries of State and of Defense to prepare a strategy to preserve and strengthen the Philippine-US military alliance.

A provision of the US law stated that any armed attack on the Armed Forces, public vessels and aircraft of the Philippines in the Pacific, including the South China Sea, would trigger mutual defense obligations under Article 4 of the MDT, he said.

“This (provision) is an unequivocal commitment – conveyed verbally in the past – that is now in writing,” Locsin pointed out.

He also cited several indirect benefits of sustaining the VFA, including the continuation of favorable trade treatment of Philippine exports, official development assistance and investments.

Asked by Sen. Imee Marcos if the US could be asked to drive out Chinese coast guard and navy vessels ringing Panatag (Scarborough) Shoal just to prove Washington’s commitment to defend the country, Locsin said such scenario could trigger World War III.

“I would not do it (ask US to drive out Chinese ships) simply because this is a Mutual Defense Treaty and not invitation to a war,” he said in response to Marcos’ question.

Sen. Richard Gordon stressed that the country’s foreign policy must not be dictated by whim or caprice but by the need of the armed forces, as the country’s security is what “ultimately matters” and that the VFA exists because “we don’t have a military that can defend us.”

Without the VFA, he said it “will be all air and no force, and all coast and no guard” for the country.

“The people must know that our military has been bereft – leaving us dependent on our relationships with other countries. Strengthen the military, enrich the country; we have to look at the interest of our nation,” he said.

“If we were beefing up our military when the US military was there, then we would have been able to have a more interdependent foreign policy,” he explained.

For his part, Senate Pro Tempore Ralph Recto said now is not the time to do a Pelosi and rip up the VFA. He was referring to US Speaker Nancy Pelosi’s publicly ripping her copy of President Trump’s speech after the latter finished delivering it before lawmakers.

“A VFA exit could come later, in a manner that is not rushed, but planned and programmed, and not out of pique. Certainly not this time when an intruder has built and continues to build what have become the bases of our insecurity right under our belly,” said Recto.

“If we abrogate the VFA, this sharp contrast will not escape our people’s attention: on how we could let the red carpet stay for someone who has taken our land while booting the one who has been on our side in protesting such occupation,” Recto said.

“The VFA is far from a perfect agreement that has kinks to our disadvantage too many to count but these flaws are compensated, in part, by the help we get from the United States in times of natural disasters, of which we are one of the world’s most prone,” he said.

“They have become first responders, dispatching entire carrier groups to our aid during the powerful typhoons of the past decade, like Frank, Milenyo, Yolanda. Because we are too poor to modernize our military, we have relied on Americans to become a de facto disaster response unit.  And that is the inconvenient truth,” he said, referring to the US military.

After nearly three hours, the Senate review retreated to an executive session where Defense Secretary Delfin Lorenzana, National Secretary Adviser Hermogenes Esperon Jr., Armed Forces chief Felimon Santos and Locsin gave more detailed answers to the senators’ queries.  –  Cecille Suerte Felipe