The line "We'll refer it to Washington", used by the US embassy in the custody debate over US Lance Corporal Daniel Smith, means the convicted rapist will not be turned over to Philippine authorities, a senator said Tuesday.

"Kapag sinabi ng Amerikano ganyan, walang katapusan iyon. Historically, we don't trust Americans if they use that line," Sen. Joker Arroyo told radio dzMM, reacting to the US embassy's announcement that it has referred the Philippine Supreme Court's decision on Smith's custody to the legal experts in Washington.

Arroyo said that instead of acting as the US embassy's spokesman, Malacañang should assert the Philippines' right to custody over Smith.

He said the Philippines would look pitiful if the government would keep on acting as a "suitor" of the US government.

"The crime was committed in the country, [Smith] was convicted in the Philippines. Bakit pa tayo nag-aalangan?" the senator said, adding that the Philippines should stop being afraid of losing its relationship with America.

Terminate VFA

Arroyo on Monday aired support for a resolution filed by Sen. Francis Pangilinan calling for the termination of the Visiting Forces Agreement (VFA) for violating the 1987 Philippine Constitution.

Pangilinan said in his resolution that the circumstances and decisions made in Smith's case have rendered the VFA unconstitutional.

The US embassy in Manila had deferred the renegotiation for Smith's custody with the Department of Foreign Affairs (DFA). It said it had referred the matter to legal experts in Washington D.C.

In a ruling it issued last week, the Supreme Court ordered the DFA Secretary Alberto Romulo to renegotiate with the US embassy regarding Smith's case.

The high court had ruled that Smith, who was convicted for raping a Filipina, should be with Philippine authorities' custody.

Smith, who was initially detained at the Makati City jail, was "covertly" transferred to the US embassy after Romulo entered into a custodial agreement with American ambassador Kristie Kenney.

The court said the agreement between Kenney and Romulo violated provisions of the VFA.

Meanwhile, Press Secretary Cerge Remonde assured Malacañang's critics that the government is doing all it can to fight for the custody of Smith.

"Rest assured that Malacañang is doing all it can to assert our sovereignty," Remonde told radio dzMM. He, however, said that the government should be cautious and abide by rules of the VFA.