WHEREAS,
the “Agreement between the Government of the Republic of the
Philippines and the Government of the United States of America
Regarding the Treatment of United States Armed Forces Visiting the
Philippines,” hereinafter referred to as the “VFA,” was signed by
Foreign Affairs Secretary Domingo L. Siazon, Jr., and United States
Ambassador Thomas C. Hubbard on 10 February 1998;
WHEREAS, the VFA is essentially a framework for promoting the common
security interests of the Republic of the Philippines and the United
States of America by strengthening their bilateral defense partnership,
as embodied by the 1951 Mutual Defense Treaty;
WHEREAS, the Philippine Senate, through Senate Resolution No. 18,
concurred in the ratification of the VFA and urged the President to
create a board or commission that will assess the workings of the VFA
and submit a yearly recommendation to the President of the Philippines
on whether or not the Agreement continues to serve the national
interest;
WHEREAS, the VFA took effect on 01 June 1999 after the Government of
the Republic of the Philippines and the Government of the United States
of America notified each other that their respective constitutional
requirements for entry into force have been duly complied with;
WHEREAS, the Administrative Code of 1987 empowers the President with
the continuing authority to reorganize the Office of the President and
to transfer functions from one department or agency to another;
NOW, THEREFORE, I, JOSEPH EJERCITO ESTRADA, President of the
Philippines, by virtue of the powers vested in me by law, do hereby
order:
Section 1. Organization. — A Presidential Commission
on the Visiting Forces Agreement, hereinafter referred to as the
“Commission” is hereby created under the Office of the President.
Sec. 2. Composition. — The Commission shall be
composed of the following:
The
Secretary of Foreign Affairs
: Chairman
The Secretary of National Defense
: Co-Chairman
The Secretary of Justice
:
Member
The Secretary of Social Welfare : Member
and Development
The Secretary of Health
:
Member
The Secretary of Environment and
: Member
Natural Resources
The Secretary of Finance : Member
The Secretary of Interior and Local
: Member
Government
The Head, Presidential Legislative : Member
Liaison
Office
The Press Secretary
: Member
The National Security Adviser
: Member
Two (2) Representatives from the
: Member
Private Sector and Non-Government Organizations to be appointed by the
President
Sec. 3. Powers and Functions. — The Commission
shall have the following powers and functions:
a)
Ensure respect for Philippine laws, state policies, public morals,
customs and traditions and strict compliance with the provisions of the
VFA and the rules and regulations promulgated by the concerned
Departments and Agencies.
b) Coordinate
with the concerned Departments and Agencies for the issuance of the
appropriate Implementing Rules and Regulations (IRRs) for the VFA,
providing clear guidelines on, among others:
b.1
the entry and temporary stay of United States military and civilian
personnel;
b.2 the entry
and movement of United States military vessels, aircraft and vehicles;
b.3 the
protection of public health;
b.4 the
protection and preservation of the environment;
b.5 the
disposition of military equipment and other provisions brought into the
country by United States military and civilian personnel; and
b.6 the
prosecution of offenses that may be committed during activities under
the VFA;
c)
Monitor, in coordination with the appropriate government and
non-government agencies, the activities of foreign military and
civilian personnel for the duration of activities held under the VFA;
d) Assess the
environmental, social, and health impact of activities held under the
VFA on the areas where they are held and to come up with
recommendations designed to mitigate the impact of such activities;
e) Submit
regular reports to the President that would contain an assessment of
whether the VFA continues to serve, among others, the national security
interest;
f) Organize
and oversee local coordinating committees that will assist the
Commission in the performance of its functions;
g) Coordinate
with the Legislative Oversight Committee in ensuring that the
implementation of the VFA continues to serve the national interest;
h) Recommend
the passage of appropriate issuances and/or legislation necessary for
the proper enforcement of the provisions of the VFA;
i) Enlist the
assistance of any Branch, Department, Bureau, Office or Agency of the
Government in the performance of the Commission’s duties;
j) Conduct
continuing information and educational campaigns on the VFA;
k) Extend
appropriate assistance to claimants for damage, loss, personal injury
or death, caused by acts or omissions of US personnel or otherwise
incidental to the non-combat activities of US forces; and
l) Perform
such other powers and functions as the President may direct.
Sec. 4. Control and Supervision. — The Commission
shall be under the control and supervision of the President. The
Commission shall report and be directly responsible to the President.
Sec. 5. Executive Director. — The Chairman of the
Commission shall designate a senior official of the Department of
Foreign Affairs as Executive Director of the Commission. The Executive
Director shall report directly to the Chairman of the Commission. The
Executive Director shall have direct operational and supervisory
authority over personnel from the concerned government agencies who may
from time to time be detailed to the Commission to provide technical
and administrative support.
Sec. 6. Funding. — Subject to the usual auditing
and accounting rules and regulations, the Commission shall be provided
with an initial annual allocation of TWENTY MILLION PESOS
(P20,000,000.00) to be drawn from the President’s Contingency Fund.
Appropriations for the succeeding years shall be incorporated in the
budget proposal for the Office of the President.
Sec. 7. Participation by Private Sector and
Non-Government Organizations. — In the performance of its duties and
responsibilities, the Commission shall encourage the participation of
local private sector and non-government organizations based in the
areas where activities in connection with the VFA will be held.
Sec. 8. Effectivity. — This Executive Order shall
take effect immediately.
DONE in the City of Manila,
this 17th day of January, in the year of Our Lord, Two Thousand.
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