Philippines serves notice of VFA termination

US: Move has significant implications

MANILA, Philippines — Despite last-minute appeals from senators and other officials, President Duterte has officially notified the United States of his intention to terminate the Visiting Forces Agreement (VFA).

On orders from Duterte, Foreign Affairs Secretary Teodoro Locsin Jr. sent the notice of termination to the US embassy in Manila yesterday. Locsin said the deputy chief of mission of the embassy received the letter.

“As a diplomatic courtesy there will be no further factual announcements following this self-explanatory development,” the foreign affairs chief said.

“The notice of termination has been sent and the effectivity of that would be 180 days from the receipt of the US government of such notice,” presidential spokesman and chief legal counsel Salvador Panelo said at a press briefing yesterday in Malacañang.

He said Duterte relayed his order to Locsin through Executive Secretary Salvador Medialdea.

Panelo said such notification could come from either of the two parties and there is no need to respond.

He said the President has emphasized every deal with foreign countries – not only with the US – should be based on equality and fairness.

“As the President has been saying, if we have to deal with other countries, we have to deal on the basis of equality and fairness. Any agreement should not be one-sided,” Panelo said.

When told that the President decided on the basis of the act of the US Senate – and not the executive – demanding the release of Sen. Leila de Lima, Panelo noted that the administration sees it as a collective move of the US government.

“Even then, still that’s the voice of US government speaking to us through an equal branch of the three branches of government in the US,” Panelo said.

“I think so, banning by the immigration authorities... Senator – or rather cancelling US visa of Senator Bato, is an executive function… not the Senate of the US, immigration iyon eh, executive iyon,” he added.

“He (Trump) may not be behind it, but it’s the executive department – immigration authorities pa rin,” Panelo added. Duterte first threatened to terminate the VFA in reaction to the US cancellation of the visa issued to Sen. Ronald dela Rosa.

He had said he would push through with the scrapping of the VFA unless the US did some “correction” on the visa issue.

At a meeting with local government officials Monday night, Duterte revealed that there were efforts from the US government to “save” the agreement but that he had already made up his mind.

Some members of the Cabinet met with Duterte in a closed-door conference in a last ditch effort to put on hold the plan to terminate the agreement and make him agree to at least put the 20-year-old pact under review.

“The President has already made up his mind, he feels that the VFA is not helpful in terms of the relationship because… He just had to keep on going back to the sovereignty issue… essentially that is what it is,” a Malacañang insider told The STAR.

Medialdea and Ambassador to the US Jose Manuel Romualdez were among the officials in the closed-door meeting.

“(The President) was very open about the discussion about the current development... and he was informed that essentially, the Trump administration really values the relationship which President Trump and President Duterte have,” the source added. 

“As a lawyer, he knows that sovereignty is something which should remain in the country and the issue of sovereignty is quite clear in the VFA… and the US senators brought up this issue, pinalaki nila ang (they blew up the) issue... It’s also a sovereignty issue,” the source added.

With the VFA coming to an end, Panelo said a probe might be launched on reports that a US submarine possibly carrying nuclear weapons had been detected in the waters of Palawan by the Philippine Navy.

On Monday, Duterte said the submarine docked in the area without seeking permission from the government.

‘Warmer relations’

Asked about the impact of the President’s decision on the bilateral relations with the US, Panelo said it could even be “warmer” since the US will try to reach out to Manila. “It remains warm, hopefully it could be warmer,” Panelo said.

“Why? Because I’ve been noticing that those who have been critical of the US government policies have been given the preferential attention of the US government. If they’re being hit by allies, they would try to woo them back. It’s like that,” he added.

Panelo also said he was not ruling out striking military training agreements with other countries, citing the United Kingdom as an example. But nothing is final yet, he stressed.

“If there is mutual benefit to both countries, we are open. But the President – again, I will repeat, he said it’s about time we rely on ourselves. We will strengthen our own defenses and not rely on any other country,” Panelo said.

Right after the noontime briefing, Panelo received a call from Duterte to ask if his spokesman had already announced the VFA termination. Panelo said Duterte also asked him if he needed to sign the notice to which the chief legal adviser replied, “No need.”

Panelo then informed the President that Locsin had publicly announced the delivery of the letter and its receipt by the US embassy deputy chief of mission.

With the submission of the notice of termination, Panelo expressed belief that the statement of US Assistant Secretary of State for political affairs R. Clarke Cooper that there would be high-level talks to review the VFA has become moot and academic.

Cooper also noted that there are about 300 yearly joint activities between the US and the Philippines’ armed forces, which would be affected once the VFA is scrapped.

Panelo emphasized there will be no turning back for President Duterte. “The President will not entertain any initiative coming from the US government to salvage the VFA, neither will he accept any official invitation to visit the United States,” he said. 

“All these actions are anchored on the policy of PRRD to chart an independent foreign policy with our foreign relations with other states being based on national interests and general welfare,” Panelo said in a statement, referring to Duterte by his presidential initials.

Malacañang is leaving it up to the Senate and concerned agencies to review the 1951 Mutual Defense Treaty and the Enhanced Defense Cooperation Agreement. “So they will study how the cancellation of VFA will affect the other agreements,” Panelo said.

‘Serious step’

After being officially notified of the termination of the VFA, the US embassy issued a statement citing “significant implications” of the development.

“This is a serious step with significant implications for the US-Philippines alliance,” the embassy said.

“We will carefully consider how best to move forward to advance our shared interests,” it said.

But it added the US-Philippine relationship will remain warm as it is deeply rooted in history. 

“We remain committed to the friendship between our two peoples,” the embassy said. 

Washington had emphasized that the VFA, ratified by the Philippine Senate and declared constitutional by the  Supreme Court, is a  very “serious” and “solemn” commitment to each other by the two countries.

Assistant Secretary of State Cooper warned on Monday that the VFA termination will affect military-to-military engagements and exercises between the US and the Philippines.

“The United States has about 300 engagements and exercises that we conduct bilaterally with the Philippines,” Cooper said in a teleconference interview from Singapore. 

The VFA, he said, would be part of the US-Philippine Bilateral Strategic Dialogue tentatively scheduled next month.

Without the VFA, the official explained that it puts at risk military engagements and exercises.  

He emphasized that there is a “significant amount of resources” that had been invested in the relationship of the two countries.

“Absent that agreement, we do put at risk those activities that the different defenses, the different services in the Philippines very much value,” he said.  – Pia Lee-Brago, Jaime Laude