Press Release
February 16, 2009

Suspend Balikatan exercises pending resolution of "jurisdiction" issue

Senator Rodolfo G Biazon today called for the immediate suspension of all Visiting Forces Agreement (VFA) joint activities between the Philippines and United States troops pending a clarification of the differing interpretations of specific provisions of the VFA.

Biazon cited that the Supreme Court ruling on the VFA has three components:

1. The issue of constitutionality which was decided through a 9-4 vote by the Supreme Court that the agreement is constitutional;

2. The immediate transfer of Lance Corporal Smith to Philippine facilities or prison;

3. The order of the Department of Foreign Affairs to immediately conduct negotiations with United States authorities as to which Philippine facility Smith will be incarcerated.

"Philippine laws provide that if an accused is convicted by the Lower Courts he is immediately remanded to the National Prison even while giving the accused the right to appeal to higher courts."

Biazon stressed, "It seems that the differences in the interpretation of the specific provision of the VFA is on the issue of "Criminal Jurisdiction".

"The Philippine position is that upon conviction, the Philippine government has jurisdiction over convicted US personnel while the US position seems that judicial proceedings is completed after the decision of the higher court on appeal. Smith was convicted on December 4, 2006 by a Makati court for the crime of rape.

"Immediate imprisonment of Smith in Philippine prisons was deferred when Smith was spirited out of the Makati City Jail of DILG by elements of the US embassy. This was because of the Executive Agreement entered into by the Executive Department and the US authorities."

Biazon said this difference must be sorted out by the two governments.

"Only if the interpretation of the specific provision could not be agreed upon should abrogation of the agreement be considered, " Biazon recommended.

"The Executive Department on its own can initiate the abrogation of the agreement."

" The Senate on its own may also initiate the abrogation of the agreement."

"In the meantime, pending clarification of these differing position of the two governments, there should be an IMMEDIATE SUSPENSION OF ALL VFA ACTIVITIES SPECIFICALLY, THE BALIKATAN EXERCISES, " Biazon concluded.

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