Title
Renaming and expanding PCVFA mandate
Law
Executive Order No. 175
Decision Date
Nov 24, 2014
President Benigno S. Aquino III expands the mandate of the Presidential Commission on the Visiting Forces Agreement (PCVFA) to include monitoring and coordination of activities related to the implementation 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 State (SOVFA).

Questions (EXECUTIVE ORDER NO. 175)

Executive Order No. 199 (s. 2000).

To broaden its role from monitoring the VFA to include monitoring and coordination of pertinent activities related to the implementation of existing and future SOFAs, including the PH-Australia SOVFA, and other arrangements allowing visiting forces (e.g., HADR-related activities).

It is renamed the Presidential Commission on Visiting Forces (the “Commission”) and it continues to be under the Office of the President.

SOFA refers to the VFA, the SOVFA, and future status of forces agreements that may be included by order or directive of the President.

Executive Secretary (Chairman), Secretary of Foreign Affairs (Vice-Chairman), Secretary of National Defense (Vice-Chairman), Secretary of Justice (Member), Secretary of Social Welfare and Development (Member), Secretary of the Interior and Local Government (Member), VFACOM Executive Director (Member), and one (1) private sector representative appointed by the President (Member).

The Executive Secretary chairs; the Secretary of Foreign Affairs and the Secretary of National Defense serve as Vice-Chairmen.

The President appoints the Executive Director, who directly reports to the Chairman and has direct operational and supervisory authority over Commission personnel and over personnel from concerned agencies detailed to the Commission for technical and administrative support.

To ensure respect for Philippine laws, state policies, public morals, customs and traditions, and strict compliance with all SOFA provisions and relevant rules and regulations by concerned departments and agencies.

Examples include: (1) entry, temporary stay, and departure of military and civilian personnel; (2) entry, movement, and departure of military vessels/aircraft/vehicles; (3) protection of public health and safety; (4) protection and preservation of the environment; (5) disposition of military equipment/supplies/materials brought into the country; (6) prosecution of offenses that may be committed during SOFA activities.

It must monitor and evaluate, in coordination with appropriate government and non-government agencies, the activities of foreign military and civilian personnel for the duration of activities under any SOFA and HADR.

It requires the Commission to assess environmental, social, health, and safety impacts of activities under and in relation to a SOFA and issue recommendations to mitigate such impacts.

To coordinate provision of appropriate assistance to claimants for damage, loss, personnel injury or death caused by acts or omissions of foreign personnel or otherwise incidental to non-combatant activities under a SOFA or pursuant to HADR.

It must conduct continuing information and educational campaigns on SOFAs and must submit to the President an annual report assessing whether SOFAs continue to serve national security interests.

It requires coordination with the Legislative Oversight Committee in determining whether SOFAs continue to serve, among others, the national interest.

An initial P40,000,000.00 from the Contingent Fund, and thereafter the necessary amounts must be included in the General Appropriations Act.


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