Most senators are opposing President Rodrigo Duterte's termination of the Visiting Forces Agreement with the United States, even as Senate President Vicente Sotto III is optimistic the Supreme Court will rule to allow the lawmakers to concur on the treaty's abrogation.
“I’m not sure of the number, but I can say majority of the members of the Senate are not in favor of the abrogation. That is my sense,” Sotto said Saturday during the weekly In Focus news forum in Quezon City.
“We’re optimistic that the Supreme Court will agree with the Senate that we must be asked to concur in case of abrogation also,” he added.
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,” said Sotto.
“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,” the Senate President added.
As for the number of senators against terminating the VFA, Sotto said: “Majority, I believe, I’m not sure of the number… perhaps, 12 or more are not in favor of abrogation. That is my opinion."
Because of this, he said it would be much better if there is a stand that the Senate needs to concur with “because we can review it.”
If the SC rules in favor of the Senate, Sotto said it doesn’t necessarily mean they will automatically agree, deny or not concur with the President.
“But what we can do is call for a review of the VFA and at the same time open the possibility of asking of the review of the MDT (Mutual Defense Treaty),” said the Senate leader.
Other issues, such as a retaliatory clause, will be addressed by a Senate probe, Sotto said.
On Thursday, Senator Panfilo Lacson announced that senators are planning to appear before the Supreme Court and file their petition in the coming week.
Sotto said senators not in favor of the VFA termination believe that the US-Philippines relationship, especially on matters of defense and security, would hang in the balance
“Well, as I said, most of them know that the MDT, EDCA (Enhanced Defense Cooperation Agreement), anti-terrorism, anti-cybercrime and cybersecurity relationship with the United State might be in peril, Unless, we will be able to review and come up with a better solution,“ he added.
Ratified by the Philippine Senate in 1999, the VFA governs the conduct of visiting US personnel holding military exercises in the Philippines.
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.
On Thursday, Senator Panfilo Lacson announced that senators are planning to appear before the high tribunal and file their petition to enlighten the senators on their role in the cancellation of a treaty since the law is silent on this issue.
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.
Lacson, chair of the Senate committee on national defense, believes the abrogation ng VFA was already finished since the President had already signed it. “We are just counting days until August 9 for its formal termination.”
However, the senator pointed put that it would be different if the Supreme Court will rule on the need of 2/3 votes concurrence of the senators once the Senate petition goes to the Court.
“So the landscape will be different. It means that is not yet final- the termination made by the President. Second, if a new negotiation or treaty will be drafted, it has nothing to do with the original VFA signed last year,” explained Lacson in an interview over DwIZ.
“And in the event that the US agreed to the draft prepared by the Philippines, I’m sure our position will be enhanced and the results would be better,” he added.
