This story
was taken from Bulatlat, the Philippines's alternative weekly
newsmagazine (www.bulatlat.com, www.bulatlat.net, www.bulatlat.org).
Vol. VI, No. 51, Jan. 31, 2007
SC Asked to Declare VFA
Unconstitutional BY
In the light of
supervening events involving convicted U.S. Marine Lance Cpl Daniel
Smith, the Bagong Alyansang Makabayan (Bayan or New Patriotic Alliance)
and its member organizations filed on Wednesday, January 31, a petition
before the Supreme Court (SC) to declare the Visiting Forces Agreement (VFA)
void and unconstitutional. The petition for certiorari
and prohibition with GR No.17622 was filed by Bayan chair Dr. Carol Araullo,
Bayan Muna (People First) Representative Satur Ocampo, Gabriela secretary
general Emmie de Jesus and Kilusang Magbubukid ng Pilipinas (KMP or Peasant
Movement of the Philippines) deputy secretary
general Wilfredo Marbella. Other petitioners include
the Kilusang Mayo Uno (KMU or May 1st Movement), Public Interest Law
Center and the League of Filipino Students. Their counsels are Neri
Colmenares, Rachel Pastores, Pacifico Agabin, Victoria Avena and Alnie Foja. Araullo said, “In 1999, then
SC Justice Reynato Puno’s lone voice voted to grant the petition of Bayan. His
lone, lonely voice then should be the Honorable Court’s collective will now.” In the Bayan vs. Zamora
decision, Puno described the VFA’s terms as ‘a mirage in a desert of vague
provisions’ and their antecedents as an ‘historical aberration’ and ‘anomalous
asymmetry’. Ocampo said, “Now we have an
outstanding issue that gives flesh to our contention that this agreement is null
and void for it violates the `1987 Constitution. Hopefully, the Supreme Court
will join Makati Judge Benjamin Pozon in upholding our national sovereignty
against the onerous and unfair VFA.” In their pleading submitted
to the high court, the petitioners argued that,
1)
The VFA usurps this Court’s rule-making power, particularly its rules on
arrest and disposition of, as well as custody and jurisdiction over, an accused
and a convict, before Philippine courts, in violation of Sec. 5 (5), Art. VIII,
Constitution and case law;
2)
The VFA allows unlimited entry of American troops for indefinite duration
to engage in any kind of activity anywhere in the Philippines without need for
prior consent by any Philippine authority, contrary to constitutional
proscription against the unfettered stationing of foreign troops within the
country as well as the absolute prohibition on the presence of nuclear weapons
here;
3)
The VFA is a product of a short-circuited procedure by the United States
government when it did not recognize it as a treaty, in defiance of Sec. 25,
Article XVIII, Constitution. Araullo added, “The
arrogance of the US government must stop and all those who have colluded with
the blatant violation of our judicial independence, national sovereignty and
dignity, most especially the chief executive, the justice secretary, the
interior secretary and the foreign affairs secretary, must be appropriately
charged with treason.” Araullo further said,
“Should our petition be granted, Balikatan and other joint military exercises
justified in the name of counter-terrorism must be legally proscribed and
stopped. Six years of VFA has only helped to embolden the Armed Forces of the
Philippines in its wanton violation of human rights as exemplified by unabated
extrajudicial killings attributed to a murderous state policy Oplan Bantay Laya
I and II.” Bulatlat © 2007 Bulatlat
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