Palace: Senate nod needed to approve treaties, but President can junk VFA anytime

Presidential spokesperson Harry Roque conceded that the Senate is involved in crafting foreign policy but insisted that this authority does not make senators equal to the President.

Roque was responding to Senator Panfilo Lacson’s comment that a senator like him has something to do with international agreements as provided under Article 7, Section 21 of the Constitution, which states that “No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the Members of the Senate.”

Prior to Lacson’s comment, the President claimed that the Constitution “provides that foreign relations or foreign policy is vested on the president alone” and as such, Lacson cannot say that the Chief Executive’s call on the Americans to pay for the continuance of Visiting Forces Agreement is extortion.

“Now, pagdating naman po doon sa tratado, tama po kayo, nakasaad po sa Saligang Batas na ang mga tratado kinakailangan ng concurrence ng Senado. Pero ang tratado po ay isang instrumento lamang para sa foreign policy,” Roque said.

“At ito pong concurrence ng Senado ay kinakailangan dahil iyong akto ng concurrence ay ang siyang dahilan kung bakit nagiging batas po ang isang tratado,” Roque added.

The VFA between the Philippines and United States allows American forces to hold joint military exercises, counter intelligence training and engage in humanitarian aid missions with their Filipino counterparts but prohibits US troops from engaging in combat operations.

Since the VFA is not a treaty, Roque said the President can decide on its fate, including junking it anytime.

“Tama po kayo na mayroon pong nakabinbin na kaso ngayon sa ating Korte Suprema na ang isyu ay kung kinakailangang mag-concur ang Senado sa pag-alis natin doon sa Visiting Forces Agreement. Pero bagama’t wala pa pong desisyon, wala naman pong temporary restraining order na naisyu ang ating Korte Suprema na dahilan para ang Presidente ay pupuwede pong bumitaw sa VFA kahit kailan po,” Roque pointed out.

Chief Presidential Legal Counsel Salvador Panelo, for his part, cited the Supreme Court decision on the Saguisag vs. Executive Secretary Ochoa case which states that "As the sole organ of our foreign relations and the constitutionally assigned chief architect of our foreign policy, the President is vested with the exclusive power to conduct and manage the country's interface with other states and governments."

“The only official participation of the Senate in international agreements is when the President desires to enter into one and decides to submit it to the said chamber for concurrence,” Panelo said.

“Outside of that, it would be wise and prudent for its members to allow the President to handle the foreign relations of our country and support him. Adverse and offensive remarks will derail the President’s strategic stance in promoting our interest and sovereignty,” Panelo added.

Since the President asked the Americans to pay for the VFA, Roque has said that the President wants the Americans to pay for another agreement between the Philippines and the United States: the Enhanced Defense Cooperation Agreement (EDCA).

EDCA provides that US forces, contractors, vehicles, vessels and aircraft are allowed to conduct activities on agreed locations inside the Philippine military bases.

Such activities would include: training, transit, support and other related activities; refueling of aircraft, bunkering of vessels, temporary maintenance of vehicles, vessels and aircraft; temporary accommodation of personnel; communications, prepositioning of equipment, supplies and material and deploying forces and materials. — BM, GMA News