SC urged to junk plea to nullify VFA provisions
The Office of the Solicitor General (OSG) has asked the Supreme Court to dismiss the petition filed by former Senate president Jovito Salonga asking the court to rule on the constitutionality of the contentious provisions of the Visiting Forces Agreement (VFA) despite the acquittal of United States Marine Lance Corporal Daniel Smith.
In a six-page reply to Salonga’s opposition to dismiss the petition, Assistant Solicitor General Luis Simon argued that the dispute involving the application of the provisions of the VFA in the case of Smith has become moot following his acquittal in the rape complaint filed against him by a Filipina.
Simon added that the High Court has already sustained the constitutionality of the VFA thrice, in Bayan v. Zamora, Lim v. Executive Secretary and in its decision dated February 11, 2009.
“There is therefore no more actual controversy involving the VFA’s provisions on criminal custody or the entire VFA itself warranting this Honorable Court’s exercise of judicial power,” Simon said.
The government counsel stressed that in its Feb. 11, 2009 decision, the SC passed upon issues in connection to the validity of treaties and the entry of foreign troops in the country only because of the continuing existence of an actual controversy Smith’s custody who at that time remained detained at the US embassy.
Since the Court of Appeals has already acquitted and ordered Smith’s release, the OSG said there is no more controversy for the SC to rule upon.
“There is hence no more reason for the Honorable to resolve petitioners’ motion for reconsideration on the merits. What petitioners effectively now seek is an advisory opinion which is beyond the jurisdiction of this Honorable Court,” the OSG said.
In his motion, Salonga insisted that the issue on the constitutionality of the VFA provisions had not been rendered moot by the decision last April 19 by the CA reversing Smith’s by a Makati court.
Salonga maintained that the supposedly vague provisions of the VFA may again become an issue in future cases, citing the case of a Filipino who reported that she too was allegedly raped by an American soldier.
He added that the constitutional issues raised in their petition require the formulation of controlling principles to guide the court since the VFA allegedly modifies the rules on criminal jurisdiction.
But, the OSG added that the alleged new rape victim, aside from publicly announcing her ordeal, has never surfaced to formally charge her supposed rapist.
The OSG said the petitioner was being “speculative” in saying that the new rape case is a repetition of Smith’s case.
“The present case cannot therefore be considered one susceptible of repetition yet evasive of judicial review as to warrant this Honorable Court’s exercise of its symbolic duty to formulate controlling principles for the education and guidance of the bench, the bar and the public,” the OSG stressed.
Aside from Salonga’s petition, the government also sought the dismissal of two other cases involving the VFA pending before the SC citing the CA decision to clear Smith. ABS-CBN News