EXPLANATION OF VOTE OF SEN.GUINGONA ON SOVFA

Status of Visiting Forces Agreement (SOVFA) Vote Senator Teofisto "TG" Guingona III

I cast an affirmative vote to the Status of Visiting Forces Agreement (SOVFA) between the Philippines and Australia, with the clear understanding that this Agreement is only for the purposes of conducting military education, training, and exercise, humanitarian activities, and other related endeavors in each other's territories.

Many statements have been made to the effect that this Agreement means that Australia will be with us, as an ally and friend, in case the China conflict escalates. With this vote, I feel that it is my responsibility not to mislead the Filipino people as to what we can really get from the SOVFA.

Again, the Status of Visiting Forces Agreement with Australia is only for the purposes of conducting mutual military education, training, humanitarian activities and other relate activities. The privileges and rights given to Australian armed forces in the Philippines will also be extended to Filipino soldiers in Australia.

Three things must be made clear:

FIRST, it DOES NOT say that we have to fight with Australian troops if they are at war and it DOES NOT say that Australian troops must fight with us if we are at war with other countries. This is not an agreement to be with each other, in each other's wars. Let us not mislead the Filipino people into believing that we have to vote for this Agreement because Australia will help us in time of serious armed conflict. Again, this is not an agreement to defend each other. It is simply a training and education agreement.

SECOND, it DOES NOT seek to establish bases because basing arrangements are clearly violative of Article XVII, section 25 of the 1987 Philippine Constitution. I would be the first one to call for the termination of any agreement that would, in effect, establish foreign bases in Philippine territory. This is not allowed under our law and neither is it needed by the Philippines.

THIRD, it DOES NOT deprive Philippine courts of their jurisdiction to try and hear cases such as murder, rape, sexual harassment, and the like which are filed against members of the Australian Visiting Forces. Unlike our Visiting Forces Agreement with the United States, an agreement that continues to assault the freedom and sovereignty of this Republic, the SOVFA cures the VFA's critical ills in the areas of jurisdiction, custody, and detention.

For offenses punishable by Philippine law, Australian visiting forces will fall under the jurisdiction of Philippine courts.

At any time, a member of the visiting forces, who is being investigated or has been charged in Philippine courts, must remain within Philippine territory. No foreign soldier will be given the special privilege of not being in a detention facility, once taken into custody.

In closing, I vote not in fear of losing Australia in any economic or political partnership. I welcome Australia's presence in this country and I believe that its government and its people invest in the Philippines because of this country's potential.

This vote is very simple because the objective of the SOVFA is simple: it is simply recognition of a potentially beneficial and mutual partnership that can be continued between the Philippines and Australia, in the field of military training, education, and exercise, and in humanitarian activities. No more. No less. Let us not mislead the Filipino people into believing that the SOVFA will give us an automatic ally in times of armed conflict. This is not the objective of SOVFA.

Again, I cast an affirmative vote to the Status of Visiting Forces Agreement (SOVFA) between the Philippines and Australia, with the clear understanding that this Agreement is only for the purposes of conducting military education, training, and exercise, humanitarian activities, and other related endeavors in each other's territories.