VFA termination suspended

PRESIDENT Rodrigo Duterte has ordered the suspension of the abrogation of the Visiting Forces Agreement between the Philippines and the United States, Foreign Affairs Secretary Teodoro Locsin Jr. said. Locsin on Monday sent a diplomatic note to United States Ambassador to the Philippines Sung Kim, informing him of the President’s intention to suspend the termination of the VFA between Manila and Washington. “It has been received by Washington

and well at that. The Note is selfexplanatory and does not require comment except from me,” Locsin said on Twitter on Tuesday.

“The abrogation of the Visiting Forces Agreement has been suspended upon the President’s instruction,” Locsin said.

In the note verbale sent by the Department of Foreign Affairs (DFA) to the US Embassy in Manila, it stated that the Philippine government has decided to suspend the abrogation of the VFA “in light of political and other developments in the region.”

“The suspension shall start on even date and shall continue for six months, which period is extendible by the Philippines for another six months, after which the tolling of the initial period in Note Verbale No. 20-0463 dated 11 February 2020 shall resume,” the DFA said.

The US embassy in Manila welcomed the move.

“On June 1, the government of the Philippines notified the US Embassy in the Philippines of its decision to suspend termination of the Visiting Forces Agreement,” it said in a statement.

“The United States welcomes the Philippine government’s decision. Our long-standing alliance has b benefited both countries, and we look forward to continued close security and defense cooperation with the Philippines,” the embassy said.

The announcement came hours after the Supreme Court (SC) ordered Malacanang to explain why it terminated the defense agreement without the concurrence of the Senate.

Well-placed sources of TheManila Times said that the high court directed the Palace to file its comment on the petition of several senators asking the tribunal to rule on whether the chamber’s concurrence is necessary in the abrogation of a treaty.

The high court gave the Executive Department 10 days to submit its comment.

The high court also wanted Executive Secretary Salvador Medialdea and Foreign Affairs Secretary Teodoro Locsin Jr. to give their inputs on whether or not President Rodrigo Duterte can abrogate a treaty without the ratification of the Senate.

The petition questioning the abrogation of the treaty was filed in March by Senate President Vicente Sotto 3rd, Senate Minority Leader Franklin Drilon, as well as Senators Richard Gordon and Panfilo Lacson , Senate President Pro Tempore Ralph Recto and Senate Majority Leader Juan Miguel Zubiri

The 56-page petition sought declaratory relief and mandamus.

The senators asked the high court to declare that a treaty previously concurred in by the Senate should require the concurrence of at least two-thirds of the members of the chamber if it were to be terminated.

The senators also requested the Supreme Court to order the executive branch to send the withdrawal notation to the Senate for voting.

The petition was filed after the Philippines sent on February 11 a Notice of Withdrawal of the Visiting Forces Agreement (VFA) to the United States Embassy in Manila.

Under Article IX of the VFA, the withdrawal of American troops should take effect within 180 days from the receipt of the notice of withdrawal.

“As such, the Senate has until Aug. 9, 2020 or the 180th day from the Notice of Withdrawal within which to question the unilateral withdrawal by the President (Rodrigo Duterte) from the VFA,” the senators said.

The President terminated the treaty between Manila and Washington after the US canceled the visa of Sen. Ronald de la Rosa.

The senators said the petition does not intend to undermine the President’s prerogative of implementing the country’s independent foreign policy.

“Specifically, the petition seeks to address the issue of whether the foregoing constitutional provision requiring the concurrence of at least two-thirds of all the members of the Senate also applies to termination of or withdrawing from treaties that have been validly ratified by the President and concurred in by the Senate,” they said.

Recently, 12 senators voted to adopt Senate Resolution 337 asking the Supreme Court to rule on whether or not the concurrence of the Senate is necessary in the abrogation of a treaty or international agreement.

Seven senators abstained from voting — Christopher Lawrence Go, Maria Josefa Imelda Marcos, Aquilino Pimentel 3rd, Ramon Revilla Jr., Francis Tolentino, Cynthia Villar and dela Rosa.