16-year delay in crafting of VFA rules cost PHL custody of errant US soldiers

A 16-year delay in the crafting of the implementing rules and regulations of the VFA cost the Philippines the right to have custody over US soldiers who are found to have committed crimes in the country while participating in military exercises.

Clarita Carlos, a retired political science professor at the University of the Philippines, made the observation at a Senate inquiry on the impact of the VFA and other military agreements with the US.

Senator Grace Poe asked officials how the VFA provision giving Americans the custody of a US soldier convicted of a crime in the Philippines could be remedied.

US Marine Daniel Smith was detained at the US Embassy in Manila after he was convicted in 2006 of raping a Filipino woman in late 2005.

The VFA provision provides that the erring US soldier shall be in the custody of the US until the Philippine courts system gives its final judgment on the case.

“There was no IRR for VFA when it took effect in 1999, and so the Americans questioned the adequacy of our jails kaya nilagay nila si Smith sa embassy,” Carlos said.

“The IRR was only done in June 2017, which is 16 years late. To be fair to the Americans, there was really no nitty gritty on how they should conduct themselves. Kapag lumapag ang barko nila rito, doon pa lang natin hihingiin, ano ba nasa loob niyan? Sino ang nasa loob?” she added.

Smith was acquitted by the Court of Appeals in April 2009 after his accuser, identified as Nicole, retracted her claims that she was raped by the American soldier after a night out in 2005.

The VFA is a pact which allows US troops to train and advise the Philippine military in its fight against terrorists but bans US forces in combat operations

Foreign Affairs Secretary Teddy Locsin, Jr. said that the custody of US servicemen who committed a crime while they are deployed here for military exercises should have long been given by Americans to their Filipino counterparts.

“They should have entrusted it to us by now, [and] that we will not abuse it,” Locsin said. 

Carlos said there was little room to tweak the VFA, especially on the provision on custody.

“We were not in duress when this was signed,” Carlos said.

“You cannot go beyond what is in the agreement. If you want to review it, review it. Bottomline, sabihin mo sa kanila if you want it terminated, and you wait for 180 days,” she added.

Carlos was referring to Article 9 of the VFA which reads “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.” —NB, GMA News