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Court asked: Inspect US camps in Philippines

‘Re-examine legality of VFA’

By Tetch Torres
INQUIRER.net
First Posted 12:26:00 09/09/2009

Filed Under: Agreement (general), Military, Security (general), Defense, Laws

MANILA, Philippines — Militant group Bagong Alyansang Makabayan has asked the Supreme Court to order an inspection of United States camps and facilities mentioned in the affidavit of Mary Nancy Gadian, whistleblower of alleged anomaly in the Visiting Forces Agreement.

Earlier, Gadian alleged that there has been a Special Operations Task Force Philippines since 2002 where US troops are embedded in the Armed Forces of the Philippines combat units in Mindanao

At the same time, petitioners asked the high court to designate a Court of Appeals justice to receive evidence pertaining to the permanent and continuous presence of US troops and their involvement in combat operations in Mindanao and conduct an oral argument on the matter.

In a supplemental motion, Bayan told the high court that in light of the revelations made by Gadian in her affidavit, there is a valid ground to justify the re-examination of its October 10, 2000 ruling declaring the VFA as legal.

Based on Gadian's affidavit, she revealed that about 600 US troops mostly from “Special Operations Forces who are considered most highly skilled are stationed and operating in southern Philippines even without Balikatan exercises.”

Gadian said the US troops have their own facilities of permanent and temporary structures fenced off even to members of the AFP in Camp Navarro, Zamboanga City, which serves as the Joint Special Operations Task Force's headquarters, as well as in other parts of Zamboanga, Cotabato, and Jolo, Sulu.

“Indeed, as Ms. Gadian has confirmed, “[t]he continuous presence of the US troops in the country has been justified to [them] as part of the counter-terrorism measures of the United States and is framed outside of the Balikatan Exercises but within the Visiting Forces Agreement,” petitioners said.

“Evidently, without a basing agreement, the US troops have established a permanent and continuous presence in the country since 2002, in violation of Article XVIII, Section 25 of the 1987 Constitution.”

Earlier, former Senate President Jovito Salonga, in a separate supplemental motion also urged the high court anew to declare as unconstitutional the VFA saying that US soldiers are circumventing the Constitution as well as the sovereignty of the Philippines by visiting the country under the pretext of conducting training exercises, but are actually setting up military positions under long-term plans.

Three petitions were filed separately calling for the declaration of the VFA as unconstitutional. Aside from Salonga, other petitioners include rape victim “Nicole,” Wigberto Tañada, Bayan Muna, Gabriela, Gabriela Women’s Party, and the Public Interest Law Center; they are represented by their counsels, lawyers Harry Roque Jr., Evalyn Ursua, and Neri Colmenares. These petitions were however consolidated by the Supreme Court.



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