Granting that renegotiation of the RP–US Visiting Forces Agreement (VFA) will push through, the agreement on Criminal Jurisdiction will be a top priority.

“We want to look at Criminal Jurisdiction,” Presidential Commission on the Visiting Forces Agreement (VFACom) executive director retired Lt. Gen. Edilberto Adan said when asked by reporters on what should be prioritized if the VFA is renegotiated.

He said that so far, only Sen. Miriam Defensor – Santiago has filed a resolution for the renegotiation of the VFA. Santiago is now the chairwoman of the Senate Foreign Relations Committee and the Legislative Oversight Committee on the VFA (LOCVFA).

Adan however said that only President Arroyo has the power to renegotiate or abolish the VFA, not the Senate.

“Ultimately, the power rests with the President of the Philippines,” Adan said. Criminal Jurisdiction or Article V of the VFA, includes the agreement that the custody of a US personnel shall immediately reside with US military authorities “until completion of all judicial proceedings.”

It also agrees that “confinement or detention by Philippine authorities of US personnel shall be carried out in facilities agreed on by appropriate Philippine and US authorities.”

Adan said criminal accusations against US troops here need to be substantiated, citing the case of Lance Cpl. Daniel Smith. He said out of the 25,000 US troops coming in and out of the country since 2002, only one case was filed in court on a US military personnel under the VFA.

“The Philippine government showed the power of the VFA [when] Smith was imprisoned,” Adan explained in Filipino.

Issues on the VFA resurfaced after US Defense Secretary Robert Gates said US troops will stay in the country.

Philippine Navy officer Nancy Gadian had claimed that US troops had engaged in combat with Philippine troops against insurgents, which is a violation of the VFA.

But Adan stressed that American troops did not engage in combat and no permanent bases had been established, particularly in Mindanao.

The VFA between the US and the Philippines, which started in 1999, is a legal guarantee for American troops deployed in the Philippines during military exercises and ship visits.

The Department of Foreign Affairs (DFA) had cited the benefits of the VFA, particularly on training of Philippine troops and development assistance in impoverished areas in Mindanao. US troops’ development projects here in the country include building of infrastructure, roads and schools, as well as projects concerning healthcare.