MANILA - House committee on foreign affairs chair Cebu Rep. Antonio Cuenco said his committee is inclined to support the proposal of his counterpart in the Senate regarding the RP-US Visiting Forces Agreement (VFA).

In a privilege speech on Wednesday, Senate foreign relations committee chair Miriam Defensor Santiago called on President Arroyo to seek a renegotiation of the VFA, and if this is denied by the US, terminate the accord.

Santiago said the VFA is unconstitutional because of the failure of the US Congress to recognize it as a treaty; it is only recognized as an executive agreement.

Santiago also raised concerns about the alleged involvement of US forces in combat operations. The 1987 Constitution bans the presence of foreign military bases, troops, and facilities except under a treaty recognized by the contracting State.

Cuenco is confident that unlike his predecessor, US President Barack Obama will be open to renegotiation of the VFA. He said calling for the abrogation of the VFA is premature.

“During the time of President Bush, our attempt to solve this issue through diplomatic channels did not succeed. But I am confident that under the new president of the U.S.A., President Obama, he will listen. I’m sure he will listen," he said in a press conference on Thursday in Quezon City.

“The way to do that is to do it through diplomatic channels. Sulatan muna natin ang America. Maybe they will listen. If they don’t listen, that is the time that we should send a letter serving notice to abrogate the treaty,” he added.

The lower House has no power to ratify treaties; only the Senate can. However, members of the House of Representatives are involved in the VFA oversight committee.

Criminal jurisdiction

“We will express the sense of the House that we should send, through diplomatic channels, a letter asking the US government to sit down with us again and review the treaty to clarify certain provisions, among which is criminal jurisdiction,” Cuenco said.

The congressmen are particularly interested in reviewing the VFA provision on who has jurisdiction in case crimes are committed in the Philippines.

“More specifically, the issue of criminal jurisdiction [should be reviewed.] In other agreements entered into by the US, specifically the agreement with Japan, the accused in a criminal case--where the offender is an American who has committed a crime somewhere in Japan--the jurisdiction over the accused automatically resides with the government of Japan right after indictment. The accused soldier is right away put to jail in a Japanese facility It’s not the same here. Why the distinction? We should insist on this," he said.

This issue was most recently raised in the controversial rape case involving “Nicole” against US Marine Lance Corp. Daniel Smith. After his conviction by the lower court, he spent several hours in a Makati City jail but was transferred to the custody of the US embassy until the conviction was overturned by the Court of Appeals.

“Dapat upon indictment against a particular US serviceman, he should be right away detained in a Filipino jail. Right away,” Cuenco said.

‘US should be fair’

Manila Rep. Bienvenido Abante said it’s about time the US government should treat the Philippines fairly. He said the VFA is not the only issue where the country has been shortchanged.

“We ought not be shortchanged by the US. Let’s be fair and impartial. My goodness, after 63 years, doon lang inapruhbahan ng US Congress yung Filipino Veterans Compensation Package. That is after 90 percent of the veterans already have died. At ang bibigyan lang, ang mga buhay pa. That is not fair. We would like the US to be fair with us,” he added.