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Thursday, September 20, 2007
Resolution - Hon. Bernadeth S. Banlaoi
An Act Proposing to amend certain provisions on VFA (Visiting Forces Agreement)
Reviewing VFA to specify certain provisions that are subject to the proposed amendments.
WHEREAS, the appointed officer finds some of the provisions on VFA disadvantageous on the side of RP (Republic of the Philippines) against US (United Nations).
WHEREAS, there is an imperative need to improve some provisions to strengthen the security of our country.
NOW, THEREFORE, I as the appointed officer, do hereby lobby the proposal of amending VFA
Section 1: Proposing review on the VFA (Visiting Forces Agreement) provisions. There is hereby proposed a review on VFA, which shall be embodied by a committee appointed who shall determine what provisions on the agreement, favors more the US personalities than of the Filipino citizen.
Section 2: As for these ends, the purposes of this act shall be as follows:
To promote fair and equal providence of privileges.
To promote fair and smooth relationship between RP and US personalities.
To strengthen the security of the state.
Section 3: Proposed amendments
1.The Preamble of the VFA is hereby amended to read as follows:
Preamble
The Government of the Republic of the Philippines and the Government of the United States of America, Reaffirming their faith in the purposes and principles of the Charter of the United Nations and their desire to strengthen international and regional security in the Pacific area;
Reaffirming their obligations under the Mutual Defense Treaty of August 30, 1951;
Noting that from time to time QUALIFIED elements of the United States armed forces may visit the republic of the Philippines WITH ITS CONSENT;
Considering that cooperation between the Republic of the Philippines and the United States promotes their common security interests;
Recognizing the desirability of defining the treatment of United States personnel visiting the Republic of the Philippines;
2.The Paragraph 2 of Article III of VFA is hereby amended to read as follows:
Article III
(2.) United States military personnel shall PRESENT passport and visa regulations FOR SECURITY PURPOSES upon entering and departing the Philippines.
3. The Paragraph 1 of Article IV is hereby amended to read as follows:
Article IV: Driving and Vehicle Registration
1. Philippine authorities shall accept as valid, without fee, AND INVALID WITHOUT TEST a driving permit or license issued by the PHILIPPINE authority to United States personnel for the operation of military or official vehicles.
4. Article V Paragraph 2c is hereby amended as follows:
(c.) For the purposes of this paragraph and paragraph 3 of this article, an offense relating to security means:
1. Treason; sabotage, espionage or violation of any law relating to national defense.
2. RAPE, ABUSE OR ANY VIOLATION OF THE LAW RELATING TO DEPRIVATION OF HUMAN RIGHTS.
5. Article V Paragraph 8 of VFA is hereby amended to read as follows:
8 (1.) When United States personnel have been tried in accordance with the provisions of this article and have been acquitted or have been convicted and are serving, or have served their sentence, or have had their sentence remitted or suspended, or have been pardoned, they may not be tried again for the same offense in the Philippines. Nothing in this paragraph, however, shall prevent United States military authorities from trying United States personnel for any violation of rules of discipline arising from the act or omission, which constituted an offense for which they were tried, by Philippine authorities.
(2.) United States personnel who get convicted in the Philippines shall not be exempted to serve a jail term in the Philippines
6. Additional Article, Article X is hereby read as follows:
Article X
Section 1: This agreement is open for reviews and amendments whenever there is an immediate need.
This resolution shall take effect IMMEDIATELY
Bernadeth S. Banlaoi
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