Press Release
February 18, 2009

Transcript interview of JPE on the League of Cities

Q: On your proposal to amend economic provisions of the 1987 Constitution

SP: There are things that we have to solve and some of them we cannot solve without amending the Constitution.

Q: So after 2010?

SP: After 2010.

Q: You also mention, Sir, that you are confident that you can survive?

SP: A, yes. We can. We faced more crises in life than what we are facing now. You have not seen yet what we have seen before.

Q: Yung VFA, so far there are some senators who have signed the resolution?

SP: Which one?

Q: Six senators signed?

SP: Well, that's an expression of opinion. Ok? We respect that.

Q: So, walang bearing kung ano yun kasi that's an executive matter?

SP: There is a mechanism. Alam mo, VFA is like a contract between persons because the Philippines and the US. From the viewpoint of the higher law, of international relations, they are persons. They are international persons covered by a contract or treaty. In that treaty, they agreed that if you want to disengage, you have to give notice of one year yata if the leadership wants to disengage, which I do not know. Now, in the case of the Senate, some senators have the position that we should terminate it. But having said that, that will require some studies because you cannot just terminate your relationship with somebody without thinking of the repercussions--the pros and cons of this proposal.

Q: So, it is just an expression and even if the resolution gathers majority of the senators' signatures?

SP: We cannot terminate it on our own. That is a statement made by members of the Senate.

Q: So, the hearing that will be conducted tomorrow by Senator Santiago would be on issue of Smith's custody?

SP: She will find out. I do not know the purpose of the hearing. But I suppose, I surmise that Senator Santiago is going to conduct that hearing to find out why Smith is under the custody of the US embassy. Now, as I said in all my interviews, in the case of criminal cases under our judicial system, the one that has custody over persons arrested for a crime is the court. Smith has been convicted by the Regional Trial Court but the conviction is not final yet. It is on appeal on the Court of Appeals. So it is an open question whether finally he will be incarcerated. In the meantime, he is under detention for the crime charged against him. In ordinary cases, it is only the court that will dispose how he will be detained; where he will be detained; whether or not he can be bailed.

Q: So yung magiging hearing, hindi rin naman pwedeng recommendatory?

SP: Hindi, pwede niyang...We do not know. Siguro pag nakita yan. There is really a violation of the VFA, as Chairman of the Committee on Foreign Relations of the Senate, she can recommend the course of action to us. Either we will pass a resolution urging the executive to take this matter up with the US government formally or something else, we do not know the recommendation.

Q: Sir, clarification, are you saying that only the President can terminate VFA?

SP: In dealings with foreign government, the power belongs to the President. We are only participating in foreign relations through our treaty ratifying power.

Q: Have you discussed that with the Ambassador?

SP: No, no. I was just talking to her about the past, about Henry Kissinger, Dick Morfey, Bill Sullivan, Henry Cairo, about some people that I've met in the past who were ambassadors here, who were working in the State Department. We never talk about VFA. Except that in passing I said, we have now an issue on the VFA. That's all

Q: Is she the one who mentioned that?

SP: No, I was the one who said.

Q: Ano po yung sagot nyo?

SP: I said, yes, that's true. But I told her that this is not new to me. I had this kind of issue before when I was Secretary of National Defense. I had so many Smiths in those days during the Bases Agreement.

Q: She did not ask for your opinion?

SP: No, no, no.

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