Sotto optimistic Supreme Court will rule that Senate has say in VFA abrogation

Senate President Vicente “Tito” Sotto III said Saturday he has high hopes that the Supreme Court will rule in favor of senators’ upcoming petition that Senate concurrence is needed in the abrogation of the two-decade old Philippines-United States Visiting Forces Agreement (VFA).

“We’re optimistic that the Supreme Court will agree with the Senate that we must be asked to concur in case of abrogation also,” Sotto said during the weekly In Focus news forum in Quezon City.

On Thursday, Senator Panfilo Lacson announced that senators are planning to appear before the high tribunal and file their petition.

Section 21, Article VII of the 1987 Constitution says treaties or international agreements are valid and effective when concurred in by at least two-thirds of the Senate.

Sotto said he is optimistic because the senators’ petition “involves less controversy.”

“We are not naming the ICC (International Criminal Court), we are not naming the VFA,” the Senate chief said.

“We are merely saying the Senate must concur also in any abrogation because we were asked to ratify... The power to ratify was with the Senate,” he said.

A petition challenging President Rodrigo Duterte’s decision to withdraw the Philippines from the ICC was filed by the Senate in 2018 before the SC. The high court has not yet issued a resolution on the matter.

Should the SC rule in favor of the Senate, Sotto said it will not necessarily mean that the upper chamber will deny or agree with the President’s decision to terminate the VFA.

“If that happens, it doesn’t necessarily mean that we will automatically deny or not concur with the President... or it does not automatically mean also that we will agree with the President,” he said.

“But what we can do is call for a review, call for a review of the VFA and at the same time the possibility of asking of the review of the MTD (Mutual Defense Treaty),” he added, noting other issues such as a retaliatory clause will be addressed by a Senate probe.

The Philippines has notified the US of its intention to terminate the 1999 agreement, which governs the conduct of US personnel holding military exercises here.

Duterte has threatened an end to the VFA after the US canceled the visa of Senator Ronald "Bato" dela Rosa, his ally and former police chief who used to lead his war on drugs.

“Mas maganda talaga kung magkakaroon ng paniniwala na ang Senado ay kailangan mag-concur sapagkat puwede natin ngayong galawin yun at i-review,” Sotto said. —KG, GMA News