The Need To Revisit VFA

A Visiting Forces Agreement (VFA) is an agreement entered into between the United States and Philippines which defines the treatment of United States troops and personnel visiting the Philippines.[1] It provides for the guidelines to govern such visits of military personnel, and further defines the rights of the United States and the Philippine government in the matter of criminal jurisdiction, movement of vessel and aircraft, importation and exportation of equipment, materials and supplies.[2]

In 2005, four US Marines were charged with the crime of rape against a Filipina named Nicole. Three of the accused were acquitted while the other one was convicted at trial but acquitted on appeal after the recantation of the victim’s testimony. Recently, another criminal charge involving US Marine in the Philippines under the Visiting Forces Agreement (VFA) was reported. US Marine Private First Class Joseph Scott Pemberton was charged with the crime of murder on October 11, 2014 in connection with killing of Filipino transgender woman Jeffrey “Jennifer” Laude.

The Philippine Government sought the custody of Pemberton but the United States turned down its request. In its statement, the US Embassy in Manila said it will retain the custody of Pemberton in accordance with the provision of the US-Philippine Visiting Forces Agreement (VFA).[3] Under Article V, paragraph 6 of the VFA, “the custody of any United States personnel over whom the Philippines is to exercise jurisdiction shall immediately reside with the United States military authorities, if they so request, from the commission of the offense until completion of judicial proceedings….”

In a joint resolution,Senator Miriam Defensor-Santiago and Akbayan Partylist Representative Walden Bello sought the termination of the VFA. Aside from the inequity of the VFA on the jurisdiction and custody over US personnel who have committed crimes within the Philippine territory, the joint resolution also called for its termination due to its unfavorable effect to the country's sovereignty, environment, and human rights record.[4] However, majority of the Senate rejected the said resolution. Instead, they want to review the VFA particularly the provision regarding custody of the US personnel accused of committing crime in the Philippines.

In my opinion, a review and necessary amendments of the VFA should be done that will provide a clear guideline on how to deal with situations when US personnel committed crime in the Philippines. There are certain provisions in the VFA that need to be scrutinized because it has a serious effect in the country. But despite some provisions that are iniquitous, I still find it beneficial for the Philippines especially in the part of National Defense and Security.

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[1] Bayan vs. Zamora, GR No. 138570, October 10, 2000.

[2] Id.

[3] http://www.sunstar.com.ph/breaking-news/2014/12/17/us-denies-philippines-bid-pemberton-custody-382489

[4] http://www.msn.com/en-ph/news/other/13-senators-want-vfa-review-not-rejection/ar-BBbBlK0