The VFA

We were having our daily dose of recitation in Criminal Law earlier today. We were discussing about the elements of Criminal Law namely general, territorial and prospective. Under the generality rule, all those who live or sojourn in the Philippine territory who committed crimes, must be prosecuted by Philippine courts. Same is true for the territoriality rule, any crime committed within Philippine Territory should be prosecuted by Philippine Courts. Of course subject to exceptions. Provisions of treaties entered into by the Philippine Government and those laws of Preferential Application. An example of a treaty exempted from the generality and territoriality element is the Visiting Forces Agreement as an implementing agreement to the main RP-US Defense Mutual Treaty entered into by the US and RP Governments with a purpose to strengthen the ability to resist armed attack to both countries.

Some provisions of the Treaty says that in general, Philippines has primary jurisdiction over offenses committed by US personnel except in cases where, crimes committed against another US personnel, crimes committed against property of another US personnel, crimes committed against property of US, crimes committed against National Security of US and those punishable acts or omissions done in the performance of official duty.

This one is terrible, it says in the treaty that even to cases not bounded by exceptions, meaning those cases really triable in PH Courts, US can request for the PH to waive its right to exercise jurisdiction, and this one we have no choice but to agree. There are consuelo de bobo for this, we cannot grant the US request if the case is under Heinous Crimes, Anti Child Abuse Law or Dangerous Drugs Act.

The last question posted by Atty. Amurao to one classmate was "Do you think this is fair?"

Of course not! How on earth can that provision be fair? If for example, your sister was raped by US Military personnel covered by VFA and then the US requests for PH to waive the right to prosecute and the Philippines without any choice granted it, is it fair? NO!

Then I remembered the rape case to a Filipina and US soldier Smith, I'm pretty sure the US at that time requested for waiver of jurisdiction and of course the PH agreed. What now happened to the case? We don't know. What happened to the Filipina? Is she still living a normal life? We don't know. what happened to Smith? Can he sleep sound at night knowing that a girl thousand miles away is still suffering for what he did? We don't know.

This is rather a sad, sad realization.