Law Summary

Introduction

Executive Order No. 199, issued on January 17, 2000, establishes a Presidential Commission tasked with monitoring compliance with the Visiting Forces Agreement (VFA) between the Philippines and the United States. This document outlines the commission's organization, composition, powers, and functions.

Legal Basis

• The VFA, signed on February 10, 1998, is designed to enhance the security partnership between the Philippines and the United States.
• Ratified by the Philippine Senate via Senate Resolution No. 18, the VFA became effective on June 1, 1999.
• The Administrative Code of 1987 provides the President with authority to reorganize the Office of the President and transfer functions among agencies.

Organization and Composition of the Commission

• Establishment: The Commission is created under the Office of the President.
• Members:
  • Secretary of Foreign Affairs (Chairman)
  • Secretary of National Defense (Co-Chairman)
  • Secretaries of Justice, Social Welfare and Development, Health, Environment and Natural Resources, Finance, and Interior and Local Government.
  • Head of the Presidential Legislative Liaison Office
  • Press Secretary
  • National Security Adviser
  • Two representatives from the private sector and non-government organizations appointed by the President.

Powers and Functions

The Commission is endowed with comprehensive powers and functions, including:

• Compliance Monitoring:

  • Ensure adherence to Philippine laws and VFA provisions.
  • Coordinate the issuance of Implementing Rules and Regulations (IRRs) for the VFA, covering:
    • Entry and stay of U.S. personnel.
    • Movement of U.S. military assets.
    • Protection of public health and the environment.
    • Disposition of military equipment.
    • Prosecution of offenses under the VFA.

• Activity Oversight:

  • Monitor activities of U.S. personnel during VFA-related operations.
  • Assess environmental, social, and health impacts, providing mitigation recommendations.

• Reporting:

  • Submit regular assessment reports to the President on the VFA's alignment with national security interests.

• Legislative Coordination:

  • Collaborate with the Legislative Oversight Committee to ensure the VFA serves national interests.

• Public Education:

  • Conduct information and educational campaigns regarding the VFA.

• Assistance:

  • Provide assistance to claimants for damages or injuries caused by U.S. personnel during non-combat activities.

• Additional Powers:

  • Perform other functions as directed by the President.

Control and Supervision

• The Commission operates under the direct control and supervision of the President, reporting directly to him.

Executive Director

• An Executive Director, designated by the Chairman from the Department of Foreign Affairs, will oversee the Commission's operations and report directly to the Chairman.

Funding

• An initial budget of Twenty Million Pesos (₱20,000,000.00) is allocated from the President's Contingency Fund, subject to auditing regulations. Subsequent years’ appropriations will be included in the Office of the President's budget proposal.

Participation

• The Commission is expected to engage local private sector and non-government organizations in areas affected by VFA-related activities.

Effectivity

• The Executive Order takes immediate effect upon issuance.

Key Takeaways

• The establishment of a Presidential Commission is aimed at ensuring compliance with the VFA and safeguarding Philippine interests.
• The Commission is composed of high-ranking government officials and representatives from the private sector.
• It has broad powers to monitor, assess, and report on the implications of U.S. military activities in the Philippines.
• Funding and operational oversight are structured to ensure accountability and effective functioning of the Commission.