Meanwhile, the recent US Supreme Court ruling on the case of Medellin v. Texas declares that a treaty is not binding law in the US in the absence of legislation implementing it, or unless it is self-executory.
The VFA paved the way for the regular Balikatan military exercises, which began in 2002.
Art. XVIII, Sec. 25 of the Constitution provides that:
After the expiration in 1991 of the Agreement between the Republic of the Philippines and the United States of America concerning military bases, foreign military bases, troops, or facilities shall not be allowed in the Philippines except under a treaty duly concurred in by the Senate and, when the Congress so requires, ratified by a majority of the votes cast by the people in a national referendum held for that purpose, and recognized as a treaty by the other contracting State.
Smith was a participant in the 2005 Balikatan exercises, and was accused of raping a Filipina in Subic, Zambales in November that year. In early December 2006, the Makati City Regional Trial Court convicted him and ordered his confinement at the Makati City Jail pending his imprisonment at the National Bilibid Prison (NBP) in Muntinlupa City.
However, around midnight on Dec. 29, 2006, he was transferred to a detention facility at the US Embassy in Manila under what is now known as the Romulo-Kenney Agreement. On Feb. 11, the Supreme Court ruled against his detention at the US Embassy.
His case is still pending before the Court of Appeals.
Cause-oriented groups and concerned individuals challenged the legality of Smith’s detention at the US Embassy and the constitutionality of the Visiting Forces Agreement (VFA) before the Supreme Court. On Feb. 11, the Supreme Court ruled against Smith’s confinement at the US Embassy while at the same time upholding the VFA as constitutional, and ordered the Department of Foreign Affairs (DFA) to begin negotiations with the US Embassy for Smith’s transfer to a Philippine prison facility. As of this writing, the negotiations have yet to take place.
“Nicole”, the Subic rape victim, was one of the petitioners in a motion for reconsideration on the Feb. 11 Supreme Court ruling on the VFA’s constitutionality – together with Bagong Alyansang Makabayan (Bayan or New Patriotic Alliance), GABRIELA, Gabriela Women’s Party (GWP), and former Senators Jovito Salonga and Wigberto Tañada.
She has, however, issued an affidavit expressing doubt on her own previous testimony. The affidavit was notarized by Abraham Rey Acosta, an associate at Sycip, Salazar, Hernandez and Gatmaitan — the same law firm where Jose Justiniano, Smith’s lawyer, belongs.
She has also accepted P100,000 ($2,069 at the current exchange rate of $1=P48.31) in compensatory and moral damages from Smith.
“The greatest anomaly in our foreign policy today is the VFA,” said Roland Simbulan, a professor at the University of the Philippines (UP) in Manila and also one of the Junk VFA Movement’s conveners, during the launch. “The VFA is the most anomalous aspect of our foreign policy.”
“It is distressing that our own government is helping the rapists of our honor and Constitution,” Simbulan added.
