Retitled: Weighing the value of VFA with domestic concerns

[adroth]

Duterte threatens to terminate VFA if US does not reverse cancellation of Dela Rosa’s visa
By Xave Gregorio, CNN Philippines

Published Jan 23, 2020 8:19:45 PM

https://www.cnnphilippines.com/news/2020/1/23/Rodrigo-Duterte-Bato-dela-Rosa-visa-Visiting-Forces-Agreement-VFA.html

Metro Manila (CNN Philippines, January 23) — President Rodrigo Duterte threatened Thursday night that he will terminate the Visiting Forces Agreement between the Philippines and the United States if Washington does not reverse its cancellation of Senator Ronald “Bato” dela Rosa’s visa.

Duterte said in a speech before former communist rebels that he is giving the US government a month to “correct” the cancellation of Dela Rosa’s visa.

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Dela Rosa responded to the President's statement in a message Thursday, saying the issue wasn't just about him but of "one-sided foreign relations."

"OK lang mga sundalo nila labas-pasok sa ating teritoryo while a senator of this Republic is barred from entering their territory due to their intentions of tinkering with our domestic affairs," he said.

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Duterte also said he would be prohibiting from entering into the Philippines all US lawmakers who voted in favor of a Senate committee report which seeks to ban foreign officials involved in the "wrongful imprisonment" of opposition Senator Leila De Lima.

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What about Bato?
Dela Rosa confirmed Wednesday that he is no longer allowed to travel to the US for now since his visa has been cancelled. He told Senate reporters that the US Embassy told him on January 20, a day before his birthday, that his visa had been invalidated.

Details surrounding the revocation – including when it became effective and why it was implemented – remain unclear to Dela Rosa.

But he acknowledged it "might be related" to alleged extrajudicial killings under his watch as chief of the Philippine National Police (PNP) from 2016 to 2018.

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[adroth]

No Bato visa, no VFA–Duterte
By: Julie M. Aurelio - @inquirerdotnetPhilippine Daily Inquirer / 05:42 AM January 24, 2020

SAN ISIDRO, LEYTE—President Rodrigo Duterte has vowed to terminate the country’s Visiting Forces Agreement (VFA) with the United States if the US does not “correct” its cancellation of Sen. Ronald “Bato” dela Rosa’s US visa.

“Now they won’t let Bato (dela Rosa) go to America. I am warning you … if you don’t do the correction there. One, I will terminate the bases, Visiting Forces Agreement. I will end that son of a bitch,” the President said in a speech here on Thursday night before an audience of rebel returnees

The President’s threat came a few days after Dela Rosa, a neophyte senator and former police chief, confirmed that his US visa had been canceled by the US government.

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Read more: https://newsinfo.inquirer.net/1218931/no-bato-visa-no-vfa-duterte#ixzz6C1VTEa00
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[adroth]

Lorenzana: Philippines can terminate VFA even without Senate nod
Published January 24, 2020 9:20pm

https://www.gmanetwork.com/news/news/nation/723468/lorenzana-philippines-can-terminate-vfa-even-without-senate-nod/story/

The Philippine government may terminate its Visiting Forces Agreement with the United States even without the concurrence of the country's lawmakers, Defense Secretary Delfin Lorenzana said on Friday.

Lorenzana, the vice chairman of the Philippine Commission on the VFA, said the termination of the treaty ratified by the Senate in 1999 could be "unilaterally initiated by the Philippines"

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[adroth]

PH to ‘start process’ of VFA termination — Locsin
By: Christa Marie Ramos - @inquirerdotnetINQUIRER.net / 12:10 PM January 24, 2020

MANILA, Philippines — Foreign Affairs Secretary Teodoro Locsin Jr. has instructed Defense Secretary Delfin Lorenzana to “start the process” of terminating the country’s Visiting Forces Agreement (VFA) with the United States.

“Leaving for (Washington, DC) on unrelated matters. But called Sec Lorenzana as Vice Chair—I am Chair of VFA—to start the process of terminating USFVA,” Locsin said over Twitter Friday.

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Read more: https://globalnation.inquirer.net/184479/ph-to-start-process-of-vfa-termination-locsin#ixzz6C1XdoRns
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[adroth]

The President of the Philippines, in public, threatened to end the vfa in one month if the visa for Dela Rosa is not reinstated. As far as I can tell, the visa was for personal use and therefore has no connection with the senator’s official function. I heard over the radio that the visa was originally given to allow dela rosa to watch paquiao in las vegas. Is the president using his power/ office and therefore, undue influence, for the private benefit of an ally, a friend? Does this fall within article Xl of the Philippine constitution?

if official, it should have been an "A" visa.

From https://uk.usembassy.gov/visas/diplomats-international-organization-nato-employees/:
"Government officials traveling to the United States to perform non-governmental functions of a commercial nature or traveling as tourists require the appropriate H, L or B visa, or if qualified, travel visa free under the Visa Waiver Program; they do not qualify for diplomatic or official visas."

ARTICLE XI
ACCOUNTABILITY OF PUBLIC OFFICERS
Section 2. The President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. All other public officers and employees may be removed from office as provided by law, but not by impeachment.

(please note impeachment is political in nature and i am neutral on this matter. my interest is solely on the legal interpretation)

[adroth]

Philippines holds off ending VFA with US
By Eimor Santos, CNN Philippines

Published Feb 6, 2020 1:27:25 PM

https://cnnphilippines.com/news/2020/2/6/philippines-united-states-visiting-forces-agreement.html

Metro Manila (CNN Philippines, February 6) — Despite strong statements from President Rodrigo Duterte that he wants the Visiting Forces Agreement terminated, Foreign Affairs Secretary Teodoro "Teddy Boy" Locsin, Jr. revealed Thursday that he is still awaiting the President's direct order to start the formal process.

Under the two-decade military pact between the Philippines and the US, the VFA can be terminated via a written notice from either of the countries. Expiration will come 180 days from the time either party notifies the other.

"I have prepared a notice of termination but it has not been sent upon the orders of the President," Locsin said in a Senate hearing that tackled resolutions related to the VFA, including calling on Duterte to reconsider his decision to end it pending impact assessment.

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[adroth]

Locsin: Risky for PH to terminate visiting forces agreement with U.S.
Foreign Secretary Teodoro Locsin Jr says the 'continuance of the agreement is deemed to be more beneficial' to the country

Sofia Tomacruz
Published 3:04 PM, February 06, 2020
Updated 4:11 PM, February 06, 2020

https://www.rappler.com/nation/251149-locsin-risky-to-terminate-visiting-forces-agreement

MANILA, Philippines – Foreign Secretary Teodoro Locsin Jr on Thursday, February 6, warned against the far-reaching consequences and risks for the Philippines if it were to abrogate its Visiting Forces Agreement (VFA) with the United States.

In a speech before the Senate during its hearing on the agreement, Locsin said the VFA has served as a deterrent to Chinese aggression in the West Philippine Sea; facilitated assistance in huge disasters; helped the Philippine military modernize and combat terror; and promoted economic ties not only with the US but its allies.

He pushed for a review of the VFA, rather than its outright revocation.

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