Monday, April 27, 2009

G.I.'s are back



The G.I's are back, that's what runs inside my head whenever I hear the acronym V.F.A. also known as the Visiting Forces Agreement.



Mostly, there are Filipino's who are against the V.F.A have a lot of reasons why they do not want the G.I.s back (I am still clueless about what they are against the VFA, because it promotes prostitution (goodbye america movie), to much WESTERNization (is this a real word?), or because the real ones, who benefit from the said exercise, are the scrupulous impotent money grabbing politicians??).

Being clueless about such events is not acceptable for me so I burned the search engines of google and wikipedia. So here's what I got so far about the V.F.A.


The RP-US Visiting Forces Agreement is a bilateral agreement(A compromise between the political and cultural relations between two states.) between the Philippines and the United States consisting of two separate agreement documents (VFA - 1 and VFA - 2).

VFA -1

The Effect:

The primary effect of the Agreement is that it allows the U.S. government to retain jurisdiction over U.S. military personnel accused of committing crimes in the Philippines, unless the crimes are of "particular" importance to the Philippines. (This means that for crimes without this significance, the U.S. can refuse to detain or arrest accused personnel, or may instead prosecute them under U.S. jurisdiction.) The Agreement also exempts U.S. military personnel from visa and passport regulations in the Philippines.

The Agreement contains various procedural safeguards which amongst other things establish the right to due process and proscribe double jeopardy. The Agreement also prevents U.S. military personnel from being tried in Filipino religious or military courts[V 11]; requires both governments to waive any claims concerning loss of materials (though it does require that the U.S. honor contractual arrangements and comply with U.S. law regarding payment of just and reasonable compensation in settlement of meritorious claims for damage, loss, personal injury or death, caused by acts or omissions of United States personnel)[VI]; exempts material exported and imported by the military from duties or taxes [VII]; and allows unrestricted movement of U.S. vessels and aircraft in the Philippines [VIII].
VFA - 2

The Effect:

The primary effect of the Agreement is to require the U.S. government;
  • to notify RP authorities when it becomes aware of the apprehension, arrest or detention of any RP personnel visiting the U.S.
  • when so requested by the RP government, to ask the appropriate authorities to waive jurisdiction in favor of RP, except cases of special interest to the U.S. departments of State or Defense.

The Agreement contains various procedural safeguards which amongst other things establish the right to due process and proscribe double jeopardy[VIII 2-6]. The agreement also, among other provisions, exempts RP personnel from visa formalities and guarantees expedited entry and exit processing[IV]; requires the U.S. to accept RP driving licenses[V]; allows RP personnel to carry arms at U.S. military installations while on duty[VI]; provides personal tax exemptions and import/export duty exclusions for RP personnel[X, XI]; requires the U.S. to provide health care to RP personnel[XIV]; and exempts RP vehicles, vessels, and aircraft from landing or ports fees, navigation or overflight charges, road tolls or any other charges for the use of U.S. military installations[XV].

(Click WIKI and ChanRobles for more information)



Here's what I understand so far...

The reason that the VFA was formed is for the desire to strengthen international & regional security in the Pacific Area. More likely helping out our troops in (i.e) rescue missions, anti-terrorism, educating about new advancements in military technology (updated vehicels, different types of weapons, strategies, etc.).

It seems to be that the VFA has it's pro's in regards to the advancement of our military. Aiding our troops with the newest technology against terrorists. More to this, promoting RP - US ties.

The con's?

Let's check this Article V (Between the GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES and the GOVERNMENT OF THE UNITED STATES OF AMERICA

Article V

Criminal Jurisdiction


1. Subject to the provisions of this article:

(a) Philippine authorities shall have jurisdiction over United States personnel with respect to offenses committed within the Philippines and punishable under the law of the Philippines.

(b) United States military authorities shall have the right to exercise within the Philippines all criminal and disciplinary jurisdiction conferred on them by the military law of the United States over United States personnel in the Philippines.(In the US Military, they have their own Jurisdiction over criminal acts committed by their personnel. Independent from the government(does this apply here in PI as well???) )

2. (a) Philippine authorities exercise exclusive jurisdiction over United States personnel with respect to offenses, including offenses relating to the security of the Philippines, punishable under the laws of the Philippines, but not under the laws of the United States.

(b) United States authorities exercise exclusive jurisdiction over United States personnel with respect to offenses, including offenses relating to the security of the United States, punishable under the laws of the United States, but not under the laws of the Philippines.

(c) For the purposes of this paragraph and paragraph 3 of this article, an offense relating to security means:

(1) treason;

(2) sabotage, espionage or violation of any law relating to national defense.

3. In cases where the right to exercise jurisdiction is concurrent, the following rules shall apply:

(a) Philippine authorities shall have the primary right to exercise jurisdiction over all offenses committed by United States personnel, except in cases provided for in paragraphs l (b), 2 (b), and 3 (b) of this Article.

(b) United States military authorities shall have the primary right to exercise jurisdiction over United States personnel subject to the military law of the United States in relation to:

(1) offenses solely against the property or security of the United States or offenses solely against the property or person of United States personnel; and

(2) offenses arising out of any act or omission done in performance of official duty.

(c) The authorities of either government may request the authorities of the other government to waive their primary right to exercise jurisdiction in a particular case.

(d) Recognizing the responsibility of the United States military authorities to maintain good order and discipline among their forces, Philippine authorities will, upon request by the United States, waive their primary right to exercise jurisdiction except in cases of particular importance to the Philippines. If the Government of the Philippines determines that the case is of particular importance, it shall communicate such determination to the United States authorities within twenty (20) days after the Philippine authorities receive the United States request.

(e) When the United States military commander determines that an offense charged by authorities of the Philippines against United States personnel arises out of an act or omission done in the performance of official duty, the commander will issue a certificate setting forth such determination. This certificate will be transmitted to the appropriate authorities of the Philippines and will constitute sufficient proof of performance of official duty for the purposes of paragraph 3(b)(2) of this article. In those cases where the Government of the Philippines believes the circumstances of the case require a review of the duty certificate, United States military authorities and Philippine authorities shall consult immediately. Philippine authorities at the highest levels may also present any information bearing on its validity. United States military authorities shall take full account of the Philippine position. Where appropriate, United States military authorities will take disciplinary or other action against offenders in official duty cases, and notify the Government of the Philippines of the actions taken.

(f) If the government having the primary right does not exercise jurisdiction, it shall notify the authorities of the other government as soon as possible.

(g) The authorities of the Philippines and the United States shall notify each other of the disposition of all cases in which both the authorities of the Philippines and the United States have the right to exercise jurisdiction.

4. Within the scope of their legal competence, the authorities of the Philippines and the United States shall assist each other in the arrest of United States personnel in the Philippines and in handing them over to authorities who are to exercise jurisdiction in accordance with the provisions of this article.

5. United States military authorities shall promptly notify Philippine authorities of the arrest or detention of United States personnel who are subject to Philippine primary or exclusive jurisdiction. Philippine authorities shall promptly notify United States military authorities of the arrest or detention of any United States personnel.

6. The custody of any United States personnel over whom the Philippines is to exercise jurisdiction shall immediately reside with United States military authorities, if they so request, from the commission of the offense until completion of all judicial proceedings. United States military authorities shall, upon formal notification by the Philippine authorities and without delay, make such personnel available to those authorities in time for any investigative or judicial proceedings relating to the offense with which the person has been charged. In extraordinary cases, the Philippine Government shall present its position to the United States Government regarding custody, which the United States Government shall take into full account. In the event Philippine judicial proceedings are not completed within one year, the United States shall be relieved of any obligations under this paragraph. The one year period will not include the time necessary to appeal. Also, the one year period will not include any time during which scheduled trial procedures are delayed because United States authorities, after timely notification by Philippine authorities to arrange for the presence of the accused, fail to do so.

7. Within the scope of their legal authority, United States and Philippine authorities shall assist each other in the carrying out of all necessary investigations into offenses and shall cooperate in providing for the attendance of witnesses and in the collection and production of evidence, including seizure and, in proper cases, the delivery of objects connected with an offense.

8. When United States personnel have been tried in accordance with the provisions of this article and have been acquitted or have been convicted and are serving, or have served their sentence, or have had their sentence remitted or suspended, or have been pardoned, they may not be tried again for the same offense in the Philippines. Nothing in this paragraph, however, shall prevent United States military authorities from trying United States personnel for any violation of rules of discipline arising from the act or omission which constituted an offense for which they were tried by Philippine authorities.

9. When United States personnel are detained, taken into custody, or prosecuted by Philippine authorities, they shall be accorded all procedural safeguards established by the law of the Philippines. At the minimum, United States personnel shall be entitled:

(a) To a prompt and speedy trial;

(b) To be informed in advance of trial of the specific charge or charges made against them and to have reasonable time to prepare a defense;

(c) To be confronted with witnesses against them and to cross examine such witnesses;

(d) To present evidence in their defense and to have compulsory process for obtaining witnesses;

(e) To have free and assisted legal representation of their own choice on the same basis as nationals of the Philippines;

(f) To have the services of a competent interpreter;

(g) To communicate promptly with and to be visited regularly by United States authorities, and to have such authorities present at all judicial proceedings. These proceedings shall be public unless the court, in accordance with Philippine law, excludes persons who have no role in the proceedings.

10. The confinement or detention by Philippine authorities of United States personnel shall be carried out in facilities agreed on by appropriate Philippine and United States authorities. United States personnel serving sentences in the Philippines shall have the right to visits and material assistance.

11. United States personnel shall be subject to trial only in Philippine courts of ordinary jurisdiction, and shall not be subject to the jurisdiction of Philippine military or religious courts.


Smith is already released, Nicole already in the US... hmmmm


After reading and crunching my brains about this article, the only thing that makes me blink thrice is about how our Judicial System is such a suck up in some situtations that makes all of us Filipinos look stupid. Let me give you an example, remember the Subic Rape think going with the Nicole girl? There were 4 US soldiers who were accused of raping Nicole? They were not allowed to be taken into custody by Philippine Authority because of the Agreement.

The incident blew off some government officials and the militant groups. More likely, the agreement seems to be one sided (You can see how Americans defend their citizens from such accusations and the security they can provide for them).

Now I am even more confused....

here's an article from Philstar 03/18/09

MANILA, Philippines - Sen. Francis Pangilinan reiterated his call yesterday for the termination of the Visiting Forces Agreement (VFA) even as he is open to a “new and improved” version of the RP-US agreement.

However, Pangilinan said the VFA in its current form must first be terminated due to its irregularity.

“The current version of the VFA is very one-sided because it is enforceable in the Philippines, but not in the US,” Pangilinan said, adding that “the Philippine Senate has ratified the treaty but the US Senate has not. We should not accept such an arrangement.”

“We must reshape our ties with the United States in light of the reversal of the Bush doctrine and his now rejected war on terror,” Pangilinan added.

Pangilinan, who last month filed Senate Resolution 892 calling for the termination of the VFA, cited the Australian version as a possible benchmark for a revised agreement with the United States.

The SOFA, or Status of Forces Agreement of Each State in the Territory of the Other State, aims to “promote common security interests and enhance defense capabilities” between the Philippines and Australia.

Under the SOFA, “The Authorities of the Receiving State shall have jurisdiction over the members of the Visiting Force and its Civilian Component with respect to offenses committed within the territory of the Receiving State and punishable by the law of the Receiving State.”

Moreover, the agreement states: “The Authorities of the Receiving State shall have the right to exercise exclusive jurisdiction over members of the Visiting Force and its Civilian Component…”

When applied to the case of Lance Corporal Daniel Smith, the American serviceman convicted of raping a Filipina, the SOFA would provide for Smith to be prosecuted and punished according to Philippine criminal laws. This would include involuntary detention in our own penal facilities, such as the New Bilibid Prisons.

“MalacaƱang itself admits that it has learned its lessons from the VFA experience and has applied these to the crafting of the SOFA,” Pangilinan pointed out. “This is a golden opportunity for us to reshape our foreign policy and uphold our sovereign rights.”

However, Senate Majority Leader Juan Miguel Zubiri called on groups and individuals seeking the repeal of the VFA to first weigh the pros and cons before seriously challenging the US government to withdraw their forces from the Philippines.

“We have an ongoing peace and order conflict in Mindanao where American troops help our soldiers spot the ICRC kidnap victims,” Zubiri said in an interview with ANC.

Share Your Tots... Time for some Pancit malabon...

xoxo

3 comments:

erap said...

She was an active sex-worker at the Neptune Club (since renamed). Prostitute. She lied about almost everything in the testimony, the American was not allowed to have competent legal counsel and barely managed to change it.

THE VFA only exists in the RP- Every other country in the world, its called SOFA... but those countries actually have laws, not vague terms open to interpretation by politicians illiterate relatives. Its the only country so weak that it lets the US have a strong military presence in the area. Unfortunately, the US also provides about 12 billion USD in aid, a massive chunk of the economy.

She asked for his MURDER as punishment for something he didnt do. I can only hope she is humiliated into committing suicide, she deserves much more pain than she could possibly inflict upon herself.

As for the VFA... it's not enforcable in the US because it only exists in the RP. SOFA, SOFA, SOFA... Status Of Forces Agreement. Anyway, Filipio military arent allowed to carry weapons in the US unless escorted AND on US military installations.... but really, no sane person could ever claim that Filipinos are equals to Americans when it comes to Human Rights, Military, Training, or Judicial systems.

Why should they reciprocate? They already sponsor the entire country (that doens nothing but hate them).

Can you imagine if they stopped all sponsoring in a single day?> Half population, dead in less than 6 months. Economy shattered. Millions deported back home when their favoritism-based work visas get revoked.

One day, Filipinos will stop worshiping half-breed celebrities as if being partially Filipino had anything to do with their success. One day Fil's will stop thinking of themselves as equals to real nations and stop this incessant breeding. One day..... ah, but thats not today is it?...

Unknown said...

the first picture you have on the very top who is he because he is very hot...yummy!

Reezen TOT said...

@ erap
Thanks for sharing your utotz (comments)
I do understand where you are coming from and with regards to the Nicole thing, yes I heard rumors that she was a prostitute (no wonder her lawyers are always backing out).

I have to agree with you about our judiciary system, military, the police.. wait everything as a whole is some what catastrophic. Within the laws that they are trying to formulate and regulate, sinister politicians create loop holes just in case the get into jeopardy.

Thanks for dropping by.. :)

@MsPinkBiik
Hmmm if you want to meet that G.I. come back here in PI and go to ummm wherever the balikatan (is this right???) exercise is at..

You'll not only meet G.I. and pinoy soldiers, but as a consolation prize, you get to meet Terrorists as well...

lol good luck