The Supreme Court (SC) on Thursday upheld its earlier decision denying a motion seeking to order the government to implement a renegotiation of a part of the Visiting Forces Agreement (VFA).
In a three-page notice of resolution signed by Clerk of Court Atty. Enriqueta E. Vidal, the SC en banc denied the motion for reconsideration filed by the camp of Atty. Harry Roque.
In the decision, it said that the SC does not have an “executing officer” not like the Regional Trial Courts (RTCs).
The SC said that this is the reason why the Makati City RTC Branch 139, the “court of origin” or the court that heard the case of “Nicole” against Lance Cpl. Daniel J. Smith, et. al. should execute the Feb. 11, 2009 SC decision.
In the February 2009 SC decision, it declared the VFA as “constitutional”, however, it ordered a renegotiation of the VFA involving the detention facilities of American servicemen who will be involved in a crime in the
In the latest SC decision in the case, it also ordered all the pleadings in relation to the execution of the February 2009 decision should be filed before the Makati City RTC.
The SC also recognized the action taken by the government in their order contained in the February 2009 decision because based on the comment submitted by the Office of the Solicitor General, the Department of Foreign Affairs (DFA) is already communicating with the United States in the identification of the "agreed facility" where American servicemen who will be involved in a crime in the Philippines will be detained.
The DFA has suggested the Armed Forces of the Philippines (AFP)
http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=613503
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