Statement of DR. ALBERTO G. ROMULO 
On the Romulo-Kenney Agreement 
Regarding the Place of Detention of L/Cpl Daniel Smith
02 January 2007

        On 29 December 2006, L/Cpl Daniel Smith was transferred by the Department of Interior and Local Government from the Makati City Jail to the U.S. Embassy, applying the Department of Justice's legal opinion concerning the agreement signed between the Secretary of Foreign Affairs and U.S. Ambassador Kristie A. Kenney last 22 December 2006 as well as the relevant court issuances. 

        In concluding said Agreement with Ambassador Kenney, the Department was guided by the following principles:

        First, that Judge Benjamin Pozon specified in his Order of 12 December 2006 that the confinement of L/Cpl Daniel Smith at the Makati City Jail was merely a temporary one pending a binding agreement by the relevant authorities concerning the proper facilities for his detention. In the same order, Judge Pozon specified the President or the Secretary of Foreign Affairs as the appropriate authority who may enter into such agreement.

        Second, that the U.S. Embassy was chosen as the place of detention in compliance with our VFA obligation to recognize U.S. custody over L/Cpl Smith until the completion of all judicial proceedings;

        Third, that in accordance with the agreement signed with Amb. Kenney, L/Cpl Smith will in effect be deprived of his liberty while at the U.S. Embassy, and will not be taken out of the country. Furthermore, Philippine police and jail authorities will have access to the place of detention to ensure compliance with the terms of the VFA.

        Fourth, the U.S. Embassy has assured the Philippine Government that it recognizes its obligation to turn over L/Cpl Smith to the Philippine Government in case of final conviction, once all judicial remedies are exhausted. The service of his sentence in the Philippines will be at a place mutually agreed upon between both governments, in accordance with the VFA.

        Senator Miriam Defensor Santiago, Chairperson of the Senate Foreign Relations Committee, stated that "the VFA provides that custody of accused American servicemen, until after the decision has become final and executory, shall belong to the US Embassy or at the very least at a place which has been reached by mutual agreement by the two parties."

        Senator Juan Ponce Enrile said that" we should not sacrifice our national interest. What we are talking about right now is only on the issue of custody." He likewise stated that the transfer of L/Cpl Smith was necessary to protect both Philippine and US interests.

        Senator Alfredo Lim defended the transfer saying "the Philippine government is bound by the terms and conditions of the VFA (e.g. custody provision) as a treaty it entered into with the US Government." END

/jay

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