By Jelly F. Musico
The Department of National Defense (DND) enumerated on Monday the direct benefits that the Philippines would get if the Senate would ratify the Status of Visiting Forces Agreement (SOVFA) with Australia.
During the public hearing conducted by the Senate committee on foreign relations, Defense undersecretary for legal and legislative affairs Pio Lorenzo Batino said Australia can help in terms of the modernization program of the Armed Forces of the Philippines (AFP), including transfer of military capabilities under SOVFA.
"If we have this SOVFA ratified, we will have a lot to learn and we can expect continued support of our military needs," Batino said.
He said SOVFA will also provide the legal framework as the two countries promote military cooperation by sending troops to Australia for military scholarships and training.
"The SOVFA will benefit the Philippines in terms of education and training, capacity building, humanitarian assistance and disaster response," Batino said.
Department of Foreign Affairs (DFA) undersecretary Esteban Conejos said SOFVA, which the Australian parliament ratified in 2007, will enhance the capability of the AFP in terms of facing threat of terrorism, promoting maritime security, environment protection and relief operations during disasters.
"It will intensify bilateral relationship with Australia," Conejos said.
Meanwhile, Senate President Juan Ponce Enrile ordered the Department of Justice (DOJ) as well as the DND and DFA to submit matrix comparing the VFA with Australia and the VFA with the United States, specifically the provision on criminal jurisdiction, to assure abuses of the agreement will not be violated by both parties.
"Evidently, this is a difficult issue that in this kind of agreement you will encounter a lot of problems," Enrile said.
"Based on the wordings of the Australia SOFVA, there is more reference for the rights of the receiving states with respect to criminal jurisdiction," Batino replied.
Enrile clarified that he is in favor of the measure, "but I just want to find out the criminal jurisdiction and custody provisions."
Senator Loren Legarda, chairperson of the Senate committee on foreign relations, supported the motion of Enrile requiring the involved government offices to submit further study on the criminal jurisdiction provision of the agreement.
"Cite that specific provision in SOVFA which you claimed is different from the VFA with the U.S. insofar as the criminal jurisdiction is concerned," Legarda said.
Legarda has given the concerned government agencies until Thursday to submit the report even as she set the next hearing on Monday next week.
The DFA said the Philippines and Australia have already been conducting joint military exercises but these are only covered by a memorandum of understanding (MOU) signed in 1995.
Former President Gloria Macapagal-Arroyo and former Australian Prime Minister John Howard witnessed the signing of the SOVFA at Parliament House in Canberra in June 2007.
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