Renaming and expanded national mandate
- The President shall ensure faithful execution of laws, as the constitutional basis for the operationalization of the Commission’s functions.
- The Presidential Commission on Visiting Forces Agreement (PCVFA) is renamed as the Presidential Commission on Visiting Forces, hereinafter referred to as the Commission.
- The Commission continues to be under the Office of the President.
- The Commission serves as the lead inter-agency mechanism to provide policy coordination and advice, guidance, and assessment to ensure that all SOFAs serve the national interest.
- SOFA for purposes of this Order includes the VFA, the SOVFA, and future status of forces agreements that the President may include in the Commission’s mandate by order or directive.
Composition of the Commission
- The Executive Secretary serves as Chairman.
- The Secretary of Foreign Affairs serves as Vice-Chairman.
- The Secretary of National Defense serves as Vice-Chairman.
- The Secretary of Justice, Secretary of Social Welfare and Development, and Secretary of Interior and Local Government serve as Members.
- The VFACOM Executive Director serves as a Member.
- One (1) Representative from the Private Sector, appointed by the President, serves as a Member.
Core powers, functions, and coordination
- The Commission ensures respect for Philippine laws, state policies, public morals, customs and traditions, and strict compliance with all SOFA provisions and the rules and regulations issued by concerned departments and agencies.
- The Commission coordinates with concerned departments and agencies to facilitate the issuance of the appropriate Implementing Rules and Regulations (IRRs) for all SOFAs, including guidelines on:
- the entry, temporary stay and departure of military and civilian personnel;
- the entry, movement and departure of military vessels, aircraft and vehicles;
- the protection of public health and safety;
- the protection and preservation of the environment;
- the disposition of military equipment, supplies, materials and other provisions brought into the country by military and civilian personnel; and
- the prosecution of offenses that may be committed during activities under a SOFA.
- The Commission, in coordination with appropriate government and non-government agencies, monitors and evaluates activities of foreign military and civilian personnel during activities held under any SOFA and HADR.
- The Commission organizes and oversees local coordinating committees to assist the Commission in performing its functions.
- The Commission assesses environmental, social, health and safety impacts of activities held under and in relation to a SOFA and issues recommendations to mitigate those impacts.
- The Commission coordinates the 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 the non-combatant activities of foreign forces under a SOFA or pursuant to HADR operations.
- The Commission may enlist the assistance of any branch, department, bureau, office or agency of the Government to perform its functions.
- The Commission conducts continuing information and educational campaigns on the various SOFAs.
- The Commission submits to the President an annual report assessing whether the SOFAs continue to serve, among others, the national security interest.
- The Commission coordinates with the Legislative Oversight Committee in determining whether the SOFAs continue to serve, among others, the national interest.
- The Commission recommends policies and/or legislation needed for the proper enforcement of SOFA provisions.
- The Commission establishes official representation in all implementing organizations for relevant defense and security engagements to which a SOFA applies, including boards, committees, groups and the like.
- The Commission provides advice in negotiations and consultations that may lead to a SOFA.
- The Commission performs other powers and functions as the President directs.
President’s control and Executive Director authority
- The Commission is under the control and supervision of the President.
- The President appoints the Executive Director of the Commission.
- The Executive Director directly reports to the Chairman of the Commission.
- The Executive Director has direct operational and supervisory authority over:
- all personnel of the Commission, and
- all personnel from the concerned agencies detailed to the Commission for technical and administrative support.
Private sector participation and local engagement
- The Commission engages local private sector and non-government organizations in performing its duties and responsibilities.
- Engagement occurs in the areas where SOFA-related activities will be held.
Funding allocation for expanded operations
- An initial amount of PHP 40,000,000.00 is appropriated for the expanded operation of the Commission.
- The initial PHP 40,000,000.00 is sourced from the Contingent Fund.
- After the initial appropriation, sums necessary for continued operations of the Commission are included in the General Appropriations Act.
Separability, repeal, and governing effect
- Separability applies: if any provision of the Order is declared invalid or unconstitutional, all other unaffected provisions remain valid and subsisting.
- Repeal/modification applies: all orders, rules, regulations, issuances, or parts thereof inconsistent with Executive Order No. 175 are repealed or modified accordingly.