Abrogating the VFA is Not the Answer

Each country wants to be secured from outside threats or attacks so the Philippines entered into a visiting forces agreement with the United States of America to strengthen its military force. The Philippines–United States Visiting Forces Agreement (VFA) is a bilateral visiting force which was ratified by the senate as required by the 1987 Philippine Constitution on May 27, 1999. Otherwise, VFA will not be enforced.

The VFA was crafted beautifully and its words are evident of thorough selection. Yet as the years unfold, controversies are sprouting everywhere which led to the review of whether it is time to abrogate the VFA.

From all the provisions of the VFA, criminal jurisdiction and custody of US troops who have violated Philippine laws is criticize by the Filipino people. While it is a general rule that Philippine laws apply to all, regardless of their religion, status, or nationality as long as the crime was committed within the Philippine territory. VFA is an exception to the general rule thus a US soldier who has violated Philippine law will remain in US custody during trial and even after a verdict has been issued. It is a fact that situations like that happen, Subic rape case, yet it is also a fact that the VFA helped a lot of Filipinos particularly the ones living nearby the military bases. I happen to have a conversation with a person living nearby the military base and that she told me that the presence of American soldiers in their place is such a blessing because more establishments were built. As an effect of those establishments, more jobs were offered.

Weighing the pros and cons of the presence of VFA in our country, I believe that terminating it is not the answer. Under separabality clause of a law, we strip off the invalid provisions and retain the valid provisions as long as the valid provisions are independent from the invalid provisions. Thereby, I humbly opine that let us not dwell much on the 1 or 2 defective parts of the VFA which is definitely outnumbered by its advantages. Instead of sternly fighting for the termination of the VFA, let us just ask peacefully for the duly constituted authorities to amend the defective parts. One mistake should not negate all the positive sides of VFA so let our elected officials prove to us that they have a genuine reason behind the ratification of the VFA. Sometimes all we have to do is to trust our own government.