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PH-Australia VFA
Topic Started: Jun 5 2012, 08:31 PM (2,991 Views)
THE_NEWS_MAN
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Miriam: No to PH-Australia VFA


MANILA, Philippines - Senator Miriam Defensor Santiago said she will vote against the Philippines-Australia Visiting Forces Agreement (VFA) since it poses a threat to the Philippines’ sovereignty and security.

The Senate is expected to vote on the agreement on Wednesday.

The treaty, sponsored last Monday by Senator Loren Legarda, was certified as urgent by Malacañang.

Santiago, an expert on international law, said the treaty is very vague.

“This treaty violates the doctrine of void for vagueness. It is so vague that it will spawn myriad irritants in RP-Australia relations,” she said.

She noted, for example, Article 5 paragraph 1 of the agreement that provides that visiting soldiers may temporarily use such defined land and sea areas, air space or facilities, of the Receiving State mutually determined by the Parties, for “combined training, exercises, or other activities mutually approved by the Parties.”

“The term ‘other activities’ is so open-ended and wide-ranging that it will become elastic, with virtual freedom for Australian forces to engage in any kind of activity within Philippine territory. That is unacceptable,” Santiago said.

She also said the agreement was not specific on the magnitude of the Australian military’s presence here.

“This VFA will reduce Philippine sovereignty and may even pose a threat to the security of the Filipino people.
Malacañang must clarify and renegotiate if necessary, what will be the specific activities of the Australian Visiting Forces,” Santiago said.

She also noted that the treaty agrees to grant Australian forces exemption from duties and taxes.

She said the Constitution prescribes that: “No law granting any tax exemption shall be passed without the concurrence of a majority of all the Members of Congress.”

“Congress should first pass a law granting the tax exemption, before the Senate concurs with this treaty. The Constitution provides for a vote of the majority of all Congress members, meaning that there should be a majority vote of both the Senate and the House of Representatives,” she said.

She also lambasted the provision on criminal jurisdiction, saying the Constitution empowers only the Supreme Court to “promulgate rules concerning pleadings, practice and procedure in all courts.”

Santiago also singled out a provision in the agreement that no death sentence shall be carried out by either party.

“The Philippine Constitution allows the death penalty for ‘compelling reasons involving heinous crimes,’” Santiago said.

“Thus, there seems to be a conflict between the VFA and the Philippine Constitution,” she said.


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boxster
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What do you expect from a looney senator..she deserve a place in the mental hospital than the ICJ..kakahiya sya..she has delusions of grandeur..feeling nya she knows everything eh baliw talaga ang kumag
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spearhead
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DoctorNO, Your Neutral Observer.
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Well it's time to explore the other side of our australian allies. We already been socializing with the americans and we dont know yet what benefits we could get from the australians if we dont let them join the VFA groups. Times like this, we gotta establish some closer ties with our other allies and encourage more businesses from them, foreign investors alike to benefit our people specially the low income filipino families. Aside from this, we get to learn additional things from other sources to benefit our pinoy armed forces further by sharing their technologies with us.

But if you are a close minded as Sen. Miriam, we're not gonna get any further than getting stucked in our present situation where the rebels and terrorrists alike are still roaming mindanao and other parts of the philippines. I dont care whatever she's worrying about, the philippines got the PNP and Military Police to monitor the foreign troops so whats not to like?
"Men of War must learn the art of numbers or he will not know how to array his troops." - Plato

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THE_NEWS_MAN
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boxster
Jun 5 2012, 09:37 PM
What do you expect from a looney senator..she deserve a place in the mental hospital than the ICJ..kakahiya sya..she has delusions of grandeur..feeling nya she knows everything eh baliw talaga ang kumag

sir did u watch the news?a reporter did ask miram kung ok lng dw magpamental check sya galit na galit nnmn i do think she won't win this coming election para ang nangyayari buong senate boboto sa oo sya lng at ibang sentor will vote No.hinde ko alam bkt sinasabe nya iligal sa batas e masmarami illigal na nang yayari hinde nmn nya tinututukan.
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boxster
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Exactly pare..she just wants to make noise kasi di sya pinansin at tinawanan lng sya during the impeachment trial..she really needs a psychiatric examination..tratuhin niya ibang tao na parang sya lng magaling..in pschiatric parlance she is suferring from severe schizophrenia
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boxster
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Bagay sila ni corona..both of them have delusions of grandeur, both of them do not have a sense of what is right and what is wrong..
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Ayoshi
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@sir THE_NEWS_MAN
Ito ba yun? www.interaksyon.com

Meron ngang online petition para hindi na sya iconsider/ maalis sya bilang judge sa international court.

back to topic.

IMHO, its a win-win decision for both Philippines and Australia if we include them on our VFA. It is also another good decision if we invite Japan and South Korea for a regular visit to conduct a training with our troops and different government agencies/authorities.

Diba nito lang last Balikatan kasama sila (Japan and S. Korea) sa Balikatan exercise together with the US, so mas ok na madami ang participants. Panigurado magngitngit nanaman sa galit at inggit ang mga makakaliwa at mga Chicoms. :lollol:
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THE_NEWS_MAN
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feeling nya kasi perpekto sya porket sobrang educado nya kaso mentally mukang may katok na sya.specially the corona trial kala puputok na un ulo nya sa galit.i think she should retire hangang kaya nya pang saklolohan ang apilyido nya maganda sana track record nya kaso un punganga nya englishera nga sya kaso englishera squatter ang labas.

i think Australia could help us kasi un Indo maski may claim sila sa Aussie binigyan parin nila nang C130 e pano pa kaya tayo na walang claim sa kanila bansa.ang problema lang dito un mnga contra i hope the VFA with Aussie will be a very good move specially malapt lang sila at may makukuha naman tayo maganda sa kanila(hinde lang kagamitan sa gera kaso knowledge nila sa mnga modern equipments).IMHO i do think that this VFA will pass dahil halos lahat nang nakupo ngyn is liberal sana sana.
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THE_NEWS_MAN
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ayoshi
Jun 5 2012, 11:18 PM
@sir THE_NEWS_MAN
Ito ba yun? www.interaksyon.com

Meron ngang online petition para hindi na sya iconsider/ maalis sya bilang judge sa international court.

back to topic.

IMHO, its a win-win decision for both Philippines and Australia if we include them on our VFA. It is also another good decision if we invite Japan and South Korea for a regular visit to conduct a training with our troops and different government agencies/authorities.

Diba nito lang last Balikatan kasama sila (Japan and S. Korea) sa Balikatan exercise together with the US, so mas ok na madami ang participants. Panigurado magngitngit nanaman sa galit at inggit ang mga makakaliwa at mga Chicoms. :lollol:

sir ayoshi un napanood ko is un sa studio 23 after the azkal game even ngyn sa bandila meron .

marami tayong makukuha benefit sa Aussie ipokrito nalang tulad ni miriam at kung sino pa dyan (malamang si joker LOL).
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Mckoyzzz
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Ipsa Scientia Potestas Est
PDFF Mod Group
Joker, Miriam, Bongbong together again vs SOVFA
By Christina Mendez (The Philippine Star) Updated June 06, 2012 12:00 AM

MANILA, Philippines - Senators Joker Arroyo, Miriam Defensor Santiago and Ferdinand Marcos Jr. are together again, this time in expressing reservations over the Senate’s move to concur with the Status of Visiting Forces Agreement (SOVFA) between the Philippines and Australia.

Santiago said concurrence of the Philippines “may threaten the sovereignty of the country.”

“They want to have a special status in our country, above and beyond that to be enjoyed by a foreigner. We already have a Bill of Rights under the Constitution. Ang pakay lang natin, mabigyan ng special status ang kanilang bansa (Our intention is to give their country special status),” Santiago said during interpellation of the agreement yesterday.

Unlike the Philippines’ VFA with the United States, which Washington did not submit to the US Congress for concurrence, the Australian parliament ratified the SOVFA a few years ago.

Australian officials have stressed that the SOVFA provides for reciprocity, meaning all rights enjoyed by Australian forces visiting the Philippines will be enjoyed by Filipino troops in Australia.

Santiago said the SOVFA will reduce Philippine sovereignty and may even pose a threat to the security of the Filipino people.

She called on Malacañang to clarify the specific activities of the visiting Australian forces.

Santiago raised a concern on the criminal jurisdiction of the agreement, which is under Article 11. She said the article impinges on the exclusive power of the Supreme Court.

But Sen. Loren Legarda, chair of the Senate foreign relations committee, explained that the provision on criminal jurisdiction aims to provide clearer rules on custody and confinement

“I cannot believe that the SOVFA encroaches on the SC because that power does not bestow on jurisdiction,” Legarda said.

Santiago also pointed to a provision about “death penalty,” which should not be carried out by both parties. “How do you resolve the apparent conflict in the position of the death penalty and the provision on Constitution?” Santiago asked.

Under Article 3, Section 19 of the Constitution, Santiago noted that death penalty can be allowed for “compelling reasons involving heinous crimes.”

Santiago cited some loopholes in the agreement, particularly Article 13 paragraph 8, which provides for the exemption from duties and taxes of the visiting Australian forces.

She added such agreement should require the concurrence of a majority of all members of Congress.

Santiago said the treaty violates the “doctrine of void for vagueness.”

“It is so vague that it will spawn myriad irritants in Philippine-Australia relations,” she said.

She also criticized the agreement because it did not specify the magnitude of Australian military presence in the country.

Marcos, on the other hand, sought a clarification on the government’s foreign policy before he concurs with the agreement.

He said there is a need to include in the equation the aggressiveness of China in asserting its rights over the West Philippine Sea.

“It’s becoming a little delicate because many of the critics of the Australian VFA are also saying this is only a method of forward positioning, again to posture against China,” Marcos said.

He lamented that the government does not have a well-explained and well-thought out foreign policy.

“So we do not know exactly how we are supposed to do with our relationship with other countries,” Marcos said.

Arroyo, for his part, said that the agreement will be disadvantageous to the Philippine government.

“We don’t have benefit and I don’t know what’s the harm… (Australia) is even giving us a hard time in terms of products,” Arroyo said.

“So we should look into it, on what advantages we should get,” he said.

Arroyo noted that Australia had been banning Philippine fruits such as mangoes, bananas and pineapples.

“Our balance of trade is P500 million in import... lopsided in the balance of our trade (with Australia),” he noted.

Responding to Arroyo’s queries, Senate President Juan Ponce Enrile said the government should balance the military alliance with economic concerns.

“We need military alliance because we cannot go it alone with our military resources,” Enrile said.


The Senate on Monday tackled a resolution concurring with the ratification of SOVFA.

Legarda noted in her sponsorship speech that Australia and the Philippines are two sovereign nations whose survival will be defined by its defense and protection of its maritime domains.

“We share with Australia a strong interest in maritime security cooperation and a shared strategic interest in the security of Southeast Asian shipping lanes,” she added.PHILSTAR
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"Do not condemn the judgment of another because it differs from your own. You may both be wrong -- Dandemis"
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