Militant solons file joint resolution asking PNoy to end VFA

Progressive lawmakers on Thursday filed a joint resolution calling for the swift termination of the country's Visiting Forces Agreement (VFA) with the United States following the killing of a Filipino transgender woman in Olongapo City allegedly by an American soldier.

Joint Resolution No. 17 filed Wednesday by party-list Reps. Neri Colmenares and Carlos Isagani Zarate of Bayan Muna, Fernando Hicap of Anakpawis, Antonio Tinio of ACT-Teachers and Terry Ridon of Kabataan — collectively known as the Makabayan bloc — also calls on President Benigno Aquino III to inform the US of the VFA’s immediate abrogation.

The measure was filed in response to the death of Jeffrey Laude late Saturday night. The victim, also known as Jennifer, was found lifeless inside a lodge after being seen with a foreigner believed to be Private First Class Joseph Scott Pemberton.

A murder charge has been filed against Pemberton in connection with the incident. He remains in custody of the US military and detained on board the USS Peleliu in Subic Bay in Zambales.

The lawmakers said the incident proves the “one-sided, pro-US and anti-Filipino” nature of the VFA since there is no guarantee yet that the Philippines will gain custody over Pemberton.

“It is a big slap on the face of the Filipino nation and downright revolting that the government failed to arrest and take custody of the suspected assailant Pemberton and the US authority and custody prevailed over the American suspect of killing a Filipino on Philippine soil,” they said.

The legislators said the VFA “makes a mockery of the [Philippine] justice system since its provisions on the prescription of criminal prosecution and waiver of jurisdiction essentially grants immunity from prosecution of US military personnel who commit crimes against Filipinos.”

Unconstitutional agreement

The Makabayan bloc, which has been vocal of its opposition of the VFA, said the treaty can be terminated by virtue of Article IX of VFA I, which states: “This [agreement] shall remain in force until the expiration of 180 days from the date on which either party gives the other party notice in writing that it desires to terminate the agreement.”

And despite being ratified by the Senate in 1999, the lawmakers say the VFA is unconstitutional and invalid since it was not ratified as a treaty by the US as a contracting State, in accordance with their Constitution.

“Foreign relations in domestic law are the prerogative of both the President and the Congress—Congress through its plenary lawmaking power and the President through the residual or personal prerogatives. One cannot be compelled by the other but neither will an act have force and effect without the other’s concurrence,” they said.

For the lawmakers, Laude’s death cannot be considered an isolated case of abuse by US military forces since they have been implicated in other crimes, such as the rape of a Filipina in Subic in 2005 by Lance Corporal Daniel Smith, who was convicted but later on cleared by the Court of Appeals; the shooting of farmer Buyong-Buyong Isnijal in Tuburan, Basilan, in 2002 involving American soldier Reggie Lane; and the shooting of Arsid Baharon in Barangay San Roque, Zamboanga City on June 21, 2004 by an American soldier whose identity US authorities had withheld.

Senator Miriam Defensor-Santiago has also called on Malacañang to repeal the VFA in the aftermath of Laude’s death since debates over Pemberton’s custody shows the treaty is skewed in favor of visiting American troops. —KBK, GMA News