If the ARIA states that the United States has “committed” to being subject to TDM, it means that the United States is bound by the MDT, making MDT a part of U.S. national law. This “calm” applies to all security agreements between the Philippines and the United States from 1951 to 2014, making the VFA and even Edca a part of U.S. law. The United States has also taken over Edca under U.S. national law, although in the Philippines, as the Supreme Court ruled in Saguisag v. Executive Secretary 2016, Edca is only an executive agreement. The question is whether TDM and VFA are valid and effective contracts under Philippine and U.S. law? The TDM, which came into force in 1951 by the 1935 Constitution, was ratified by the Philippine Senate and the U.S. Senate in the form of a treaty between the Philippines and the United States. The VFA, which came into force in 1998 by the 1987 Constitution, was ratified by the Philippine Senate. However, the VFA was not ratified by the U.S.
Senate because it was concluded by the President of the United States only in the form of an executive agreement, meaning that the VFA did not have the status of U.S. national law. The United States could also take the opportunity to renegotiate a new, better-value agreement with the Philippines – one that meets President Duterte`s goal of being strong against the United States and the other that gives President Trump the opportunity to mark another important deal, this time a defense deal, with its unique footprint that could advance U.S. interests for years. A5: The termination procedure within the VFA provides for a 180-day delay between the announcement of the intention to withdraw until the official date of the revocation. In the absence of a new agreement, U.S. forces currently operating in the Philippines must leave or find a new legal status. These include U.S.
forces helping the AFP fight against Islamic State-linked insurgents on the southern islands. As the AFP and the Philippine government make progress against the insurgents, U.S. support is stepping up and accelerating progress for the Philippines, while slowing or even reversing the spread of Islamic State in Southeast Asia. Under Article V of the agreement, the custody of U.S. personnel whose case falls under Philippine jurisdiction must “immediately reside with the U.S. military authorities if they wish” from the time the crime was committed, until all legal proceedings are completed. However, U.S. military authorities make the accused available to the Philippine authorities “in a timely manner for investigations or judicial proceedings related to the offence.” A1: No.
The VFA is an agreement between the two countries to support the Mutual Defence Treaty (MDT). The MDT was established in 1951 between the United States and the Philippines to provide mutual assistance in the event of an attack on foreigners. Meanwhile, Bagares argued that executive agreements based on the VFA “would have no leg to stand on” if the VFA were abolished. – with reports from Sofia Tomacruz/Rappler.com When the VFA ends, what will happen to other military treaties and agreements with the United States? “This agreement remains in effect until the expiry of 180 days from the date on which one party notifies the other party in writing its wish to terminate the contract.” This reflects, in a way, the aspiration of small countries in the region to play a more proactive role, commensent with their interests of major powers such as the United States. This nostalgia represents challenges and opportunities for the great powers.