Visiting Forces Agreement Jurisprudence


Article 26 of the Convention, which states that “any applicable treaty is binding on the parties and must be implemented in good faith by the contracting parties.” This is called the principle of pacta sunt servanda, which preserves the inviolability of treaties and was one of the most fundamental principles of positive international law, founded by the jurisprudence of international tribunals49. Moreover, it is misleading that Article 25, Article XVIII, does not apply to mere temporary agreements, for lack of a permanent structure for the creation of a military base. In this regard, the Constitution does not distinguish between “temporary” and “permanent.” Certainly, in Section 25, Article XVIII, we find no need to require foreign troops or facilities to be deployed or permanently stationed in the Philippines. “It is the duty of U.S. personnel to respect the laws of the Republic of the Philippines and to refrain from any activity inconsistent with the spirit of this agreement, especially any political activity in the Philippines. The U.S. government takes all measures under its jurisdiction to ensure that this happens. The agreement contains various procedural safeguards to protect due process rights and prohibit dual threats. [2] [VIII 2-6] The agreement also exempts Filipino personnel from visa formalities and ensures expedited entry and exit; [2] [IV] requires the United States to accept Philippine driver`s licenses; [2] [V] authorizes Philippine personnel to carry weapons to U.S.

military facilities during deployment; [2] [VI] provides for exemptions and import/export duties for Filipino personnel; [2] [X, XI] requires the United States to provide medical care to Filipino personnel; [2] [XIV] and exempts Philippine vehicles, ships and aircraft from landing or port charges, shipping or overflight charges, road tolls or any other charge for the use of U.S. military installations. [2] [XV] “1. Aircraft operated by or for the United States Armed Forces may, with authorization from the Philippine government, enter the Philippines under the procedures set out in the rules of application.


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