By / bintoromover
Case Digest Visiting Forces Agreement
The Philippines-U.S. Visiting Agreement, sometimes the PH-US Visiting Forces Agreement, is a bilateral agreement between the Philippines and the United States, which consists of two separate documents. The first of these documents is commonly referred to as “VFA” or “VFA-1″ and the second is referred to as “VFA-2” or “counterparty agreement.”  A Visiting Forces Agreement is a version of an agreement on the status of the armed forces that applies only to troops temporarily stationed in a country. The agreements entered into force on 27 May 1999, after ratification by the Philippine Senate.    The U.S. government considers these documents to be executive agreements that do not require the approval of the U.S. Senate.   It is considered an agreement that complements the Mutual Defence Treaty (MDT), another agreement between the Philippines and the United States, which ensures that both countries provide military assistance if their metropolitan areas or Pacific regions are attacked by a foreign force. A second Philippine trial under the VFA is the one that followed the death of Jennifer Laude, which involved a U.S.
Navy ship moored at Subic Bay. This case occurred after the signing of the enhanced defence cooperation agreement. For the Asia-Pacific in general, this will only increase uncertainty about the balance of regional powers, in the midst of increased competition between the United States and China. Of course, the Philippines is one country and the U.S.-Philippine alliance may not be as important in terms of political priorities in relation to Washington`s alliances with Japan or South Korea. But perception, like the closure of the Philippine U.S. bases at the end of the Cold War, is the fact that the United States suffers such a blow from its own contractual partners – with possible consequences on aspects such as their military presence in the Asia-Pacific region – the doubts that remain today about American political initiatives such as freedom and open vision Indo-Pacific and the extent of the orientation on regional issues but to continue to strengthen it. Allies and partners. And given China`s record, which has benefited from the erosion of the U.S.-Philippine alliance – with an example of The increase in Chinese persuasiveness in the South China Sea in the 1990s – this will also raise broader questions for other Asian countries, what this could mean for China`s own calculations of its regional ambitions. On February 11, 2020, Philippine President Rodrigo Duterte officially announced at the U.S. Embassy in Manila that he was coming to an end to the pact, with the denunciation expected to come into force in 180 days, unless otherwise agreed during that period.
In the past, Duterte has shown admiration for both Russian forces and the People`s Liberation Army of China, although the Philippines and China are involved in a dispute in the South China Sea over sovereignty over the Spratly Islands.  In June 2020, the Philippine government reversed this decision and announced that it was maintaining the agreement.  The main effect of the agreement is to require the United States Government to notify the Philippine authorities when it is aware of the arrest, arrest or detention of Filipino personnel visiting the United States and, at the request of the Philippine government, to invite the competent authorities to waive jurisdiction in favour of the Philippines, except in cases of particular interest to the U.S. Department of State or defence.  [VIII1] The waiver of U.S. jurisdiction is complicated because the United States is a federation of American states and therefore a federation of jurisdictions. The agreement contains various procedural safeguards to protect due process rights and prohibit dual threats.  [VIII 2-6] The agreement also exempts Filipino personnel from visa formalities and ensures expedited entry and exit;  [IV] requires the United States.