Sponsorship Speech Committee Report No. 163, Senate Resolution No. 788 Status of Visiting Forces Agreement (SOVFA) with Australia Senate Session Hall June 04, 2012 Read full transcript here: http://lorenlegarda.com.ph/sponsorship-speech-committee-report-no-163-senate-resolution-no-788-status-of-visiting-forces-agreement-sovfa-with-australia/

1. STATUS OF
VISITING FORCES AGREEMENT
WITH AUSTRALIA
SENATOR LOREN LEGARDA
CO-SPONSORSHIP SPEECH
June 5, 2012
Senate Session Hall
(SOVFA)

2. Senate Resolution No. 788
“Resolution Concurring in the Ratification of the
Agreement between the Government of the
Republic of the Philippines and the Government of
Australia Concerning the Status of Visiting Forces
of Each State in the Territory of the Other”

3. The Philippines at the Strategic Center
Three Issues:
1. What are the security threats facing us today
versus the threats of fifteen years ago?
2. What does this Agreement mean to the people
who are sworn to be the protectors of our
sovereignty, and the enforcers of the mandate
to protect the Filipino people?
3. Above all, how is this Agreement aligned with
the imperatives of constitutional defense?

4. “Water is going to be the 21st century’s defining
battleground,” said Robert Kaplan, a National
Correspondent for the Atlantic Monthly.

5. Superferry 14 bombing: Worst terrorist attack in
Asia since the 2002 Bali bombing
On February 27, 2004, 116 passengers were killed and
300 others were wounded in the Superferry 14 bombing.

6. Shared Strategic Interest With Australia
• Australia and the Philippines are two sovereign
nations whose survival will be defined by its
defense and protection of its maritime domains.
• Australia is ASEAN’s first dialogue partner, and is
an active participant of the ASEAN Regional Forum
(ARF) as well as a party to the Treaty on Amity and
Cooperation (TAC).

7. Building on Cooperation with Australia
1. Military education and training of an average of 120
AFP officers annually in Australia, costing an average of
US$ 26.751 million per year;

8. Building on Cooperation with Australia
2. Contribution of US$ 17.834 million worth of riverine
boats as part of efforts to upgrade counter-terrorism and
maritime security capabilities;

9. Building on Cooperation with Australia
3. Support in the implementation of the Coast Watch System
to strengthen our capabilities in addressing maritime security
challenges;

10. Building on Cooperation with Australia
4. Conduct of counter-terrorism trainings and mutual training assistance to
help us develop inter-operability between the special operations units of
the armies and navies of Philippines and Australia.

11. What is SOVFA?
The SOVFA was proposed by the Philippines in
2006, signed in 2007, and ratified by Australia
on the same year. President Aquino ratified it
on 23 December 2010.
SOVFA is intended to enhance cooperation on
maritime terrorism and other security threats.

12. SOVFA: Benchmark for Future Agreements
1. The SOVFA was crafted in a manner that ensures respect
for and ascendance of laws of the Receiving State.
2. The SOVFA does not confer basing rights nor will it
authorize either country to deploy troops or conduct
operations in the other’s territory.
3. It is reciprocal, which means that it envisions Philippine
forces visiting and conducting joint exercises with
Australian forces in Australian territory.
4. It addresses the sensitive issue of criminal jurisdiction
through a clear set of rules. Article 11.

13. SOVFA: Benchmark for Future Agreements
5. Where there is concurrent jurisdiction, or where an
offense is punishable under the laws of both the Receiving
and Sending States, the Sending State has the primary
right to exercise jurisdiction ONLY in relation to offences
against its own property or security, or property of
another member of the visiting forces, or offences in the
course of official duty. The Receiving State has primary
jurisdiction over ALL OTHER OFFENSES. An offense that
falls outside official duty clearly falls under the jurisdiction
of the Receiving State.

14. SOVFA: Benchmark for Future Agreements
6. A Joint Committee, composed of representatives from
both the Philippines and Australia, not a military
commander, is vested with the duty to resolve
jurisdictional issues, if such should ever arise. Such issues
may also be submitted to LOCAL JUDICIAL AUTHORITIES
for resolution. This is a provision which clearly addresses
concerns borne out of previous experiences.
7. The provisions of the SOVFA on criminal jurisdiction do not
grant to offenders any kind of immunity from criminal
prosecution for offenses committed in the Philippines.

15. SOVFA: Benchmark for Future Agreements
8. No offender from the visiting forces who commits a crime
in the Philippines will escape justice under the SOVFA.
9. It has specific provisions on claims for loss or damage to
property and injuries to or death of both visiting forces
and third parties.
10. Article 23 expressly provides that the Sending State shall
cooperate with the Receiving State to prevent any abuse
or misuse of the privileges granted and proper discharge
of the obligations imposed on visiting forces.

16. Environmental Protection
• The Agreement explicitly prohibits the conduct of
exercises or other activities in protected areas,
ancestral domain areas, critical watersheds and
protected forest areas.
• It also provides that any environmental damage will
be subject to claims and compensation and that the
Sending State will be responsible for the
rehabilitation of damaged areas.

17. Department of
Environment and
Natural Resources
(DENR)
Department of Justice
(DOJ)
Department of
National Defense
(DND)
Closely monitor all SOVFA
activities toward ensuring that
these activities do not violate any
of the environmental laws and
ordinances of the Philippines
Draw appropriate guidelines that
will prevent conflicts on
jurisdictional issues and uphold
the primacy of Philippine
jurisdiction, in accordance with
the provisions of the SOVFA
Maximize the benefits of the
Agreement, consistent with the
objectives of the National Coast
Watch System, and to improve
disaster risk reduction and
management

18. THANK YOU