The clarification was issued following reports that Romulo is scheduled to meet with US Secretary of State Condoleezza Rice to ask for the custody of four accused American soldiers.

The arbitration case was filed by the German firm Fraport AG against the Philippine government before the International Center for the Settlement of Investment Disputes (ICSID).

Romulo, however, will testify on the arbitration case not as secretary of the Department of Foreign Affairs (DFA) but as a former executive secretary, DFA spokesman Gilberto Asuque said.

"The secretary is expected to give his testimony on his official acts in his previous capacity as executive secretary," according to Asuque.

Asuque added that Romulo, in his short visit to the US, will primarily work with the government’s legal team on the arbitration case headed by Solicitor General Alfredo Benipayo.

Press Secretary Ignacio Bunye, meanwhile, said Romulo and Benipayo, together with Defense Secretary Avelino Cruz Jr., will appear before an arbitration court in the US.

"They have been invited as former executive secretary in the case of Romulo, and as former presidential legal counsel in the case of Secretary Cruz to testify in the arbitration case," Bunye said.

The DFA clarified that Romulo has no scheduled meetings with Rice though he is expected to go directly the Philippines embassy in Washington to continue to make strong representations to the US government on issues concerning Manila, particularly on the speedy response of the US on the Philippines’ request for custody of the four US marines accused of rape in Subic.

"The US government has already submitted to our jurisdiction on this case. We will continue with our diplomatic representations, keeping in mind our laws and our treaty commitments and the importance of resolving any differences through dialogue and diplomatic representations," Romulo said in a statement.

"We formally filed on November 16 our diplomatic note invoking the Visiting Forces Agreement and asking the US to turn over custody of the accused and we continue to reiterate and make representations on this matter with the US government," Romulo added.

The four US marines were charged with raping a Filipino woman on Nov. 1 after taking part in military exercises at the former US naval base of Subic.

The soldiers are now under the custody of the US Embassy in Manila pending trial.

The rape case has revived public sentiments against the US, particularly on wounds of past abuses committed by American servicemen who had been stationed in the country. (with a report by Genalyn Kabiling)