DOJ widens report on impact of scrapping VFA

January 27, 2020

The Department of Justice ( DOJ) on Monday widened the scope of its study on the possible termination of the Visiting Forces Agreement between the Philippines and United States.

Justice Secretary Menardo Guevarra said he received new orders from the Office of the President to include possible impact of the VFA termination on foreign relations and other agreements the Philippines has with the US, such as the Mutual Defense Treaty (MDT) and the Enhanced Defense Cooperation Agreement (EDCA).

“We have just been instructed today to expand the scope of our study to include a preliminary impact assessment on the possible termination of the VFA,” Guevarra said in a text message to reporters.

Guevarra earlier said the DOJ was supposed to submit its memo on the termination of the VFA to President Rodrigo Duterte Monday. The memo would cover "the procedure for termination only, not the wisdom of the executive action," he said.

“The legal side would be easy. The impact assessment (of the VFA termination) will have to be thoroughly studied,” Guevarra said.

Under the VFA, the US retains jurisdiction over American military personnel accused of committing crimes in the Philippines except if the crimes are of  importance to the Philippines.

EDCA allows the United States to rotate troops in the Philippines for extended stays and allows the US to build and operate facilities on Philippine bases, for American and Philippine forces, but not permanently.

Under the MDT, the Philippines and the US  will support each other in case of an external attack from another party.

Guevarra said it is important to convene the Cabinet cluster on Justice and Security and the VFA commission for an "in-depth and comprehensive impact assessment".

"The timeframe depends on how soon the Cabinet cluster or the VFA Commission can convene," he admitted.

Included in the Cabinet cluster are the Department of National Defense, Armed Forces of the Philippines, Department of the Interior and Local Government, Philippine National Police, Department of Foreign Affairs, Department of Justice, National Bureau of Investigation, Office of the Executive Secretary and the National Intelligence Coordinating Agency.

Duterte threatened to end the 21-year-old VFA if the US fails to rectify the cancellation of Senator Ronald dela Rosa's US visa over his involvement in the anti-drug war campaign. DMS