Chiz hopes Arroyo pushed for changes in VFA in talk with Obama

Senator Chiz Escudero on Sunday said he hopes President Gloria Macapagal Arroyo during her phone conversation with President Barack Obama pushed for changes in the controversial Visiting Forces Agreement (VFA) that would make it mutually beneficial to both countries.

"I hope that in the excitement triggered by President Barack Obama's unexpected call last Saturday, President Arroyo did not forget that she represents a nation that has interests that need protecting and promoting too," the senator said in a statement.

"The VFA, as it was crafted, is onerous and needs changing to deter people like Daniel Smith and his ilk from taking advantage of its infirmities." Escudero said.

The senator said given Obama's foreign policy pronouncements, he expects the US to welcome a review of the VFA and even accede to changes if these will lead to stronger and warmer bilateral ties.

Escudero points out that a proposed Status of Forces Agreement (SOFA) with Australia is an improvement over the VFA with the US insofar as criminal jurisdiction over visiting foreign soldiers is concerned.

The proposed SOFA states that "upon the filing of charges before a court or judicial tribunal and until the judgment rendered becomes final, the custody over any member of the Visiting Force or its Civilian Component over whom the Authorities of the Receiving State is exercising jurisdiction shall be maintained in the detention facilities of the Receiving State."

"If Daniel Smith were an Australian and visiting under the aegis of this SOFA, assuming it has been ratified and in force, he will be enjoying all the amenities the Makati City jail has to offer," Escudero said.

"The only exception in the proposed SOFA with Australia is when the accused is in the hands of foreign authorities pending investigation and prior to the filing of charges. But the accused however should stay on in the country," he said.

"Short of abrogating the VFA, we can move to amend the onerous provision that gives the US an excuse to continue to hold Daniel Smith even if he was already convicted of rape," Escudero said.

The SOFA with Australia was signed in May 2007 by then Defense Secretary Hermogenes Ebdane, Jr. and Australian Minister Brendan Nelson during the state visit of President Gloria Macapagal Arroyo.

It has remained unacted by the Senate because of the failure of the Arroyo administration to transmit it for ratification by the upper chamber.