thedeathchanter - Tumblr blog

[thedeathchanter]

Uhmmm. Anneyong haseyo! 😊😁 I'm not Korean but I want to greet you this way.

Hello! Have a nice day. If I randomly see you through the walks, I'll slightly bows and smiles. 😊

[thedeathchanter]

For the sake of national interest(?)

“I’m warning you, this is the first time. ‘Pag hindi niyo ginawa ang correction na diyan, one, I will terminate the Bases Visiting Forces Agreement.”

“I’m giving government and the American government one month from now. Mag-usap kami, paalisin ko sila sa Visiting Forces Agreement.”

Philippine President Rodrigo Duterte threaten the Washington DC to terminate the Visiting Forces Agreement in exchange to reverse the decision to cancel the visa Philippine Senator Ronald “Bato” Dela Rosa who earlier confirmed that his visa was denied upon entering US soil.

On the tweet on by his alter-ego on Foreign Affairs, Teddy Locsin Jr., he commended the statement of the Chief Architect of Foreign Policy following the statement questioning of whether the US are serious in PH-US military alliance or not and give it the discretion to the US Justice Department.

However, National Defence Secretary Delfin Lorenzana chose to isolate in making comments about this matter assured to review the said agreement.

However, it seeks the question of how is it connected in abridging to our national interest?

The thing is, after US President Donald Trump signed their 2020 Appropriations into law wherein the provisions in seeking to deny entry to the Philippine officials involved in the detention of Senator Leila Delima, DFA Chief Locsin said that it was part of “an aspect of sovereignty.”

Why such the President threw that rigorous threat to the matter concerning to our national security and interest in exchange to the public figure wherein the move was already recognized by his official as an act of sovereignty? Maybe, he was “personally” hurt since Dela Rosa was his top person in the implementation of his initiative War on Drugs which purely under fire of criticisms due to violation of human rights and deprivation of due process.

Or maybe he just gave up his patience and burst to his emotion seeing one of his allied are denied such opportunity.

Assuming that President’s statement is true (with any interpretation mechanics from Spokesperson Salvador Panelo), he already doesn’t know that what Article II, Section 6 of the 1987 Constitution said:

”x x x… In its relations with other states the paramount consideration shall be national sovereignty, territorial integrity, national interest and the right to self-determination.”

For extracting explanation, if the President wants terminate VFA it should reasonable when the national sovereignty, territorial integrity, national interest and right to self-determination are compromised already, not for the reason of one public figure’s situation.

What if we think out of the context of what he is saying?

Let’s say that it worth it to debate of whether Visiting Forces Agreement should be scrap or not, it may affect to our national security?

Let’s examine first its legality.

“Because it (VFA) is an executive agreement so he can cancel it without the approval of the Senate,” Panelo said in response to Duterte’s statement.

So the Philippines and the USA were entered into mutual agreement which produced of what-so called the Visiting Forces Agreement in reaffirmation Mutual Defence Treaty which both party entered in August 30, 1951. The VFA is an agreement which defines the treatment of US troops and personnel visiting the Philippines which provides the guidelines to govern such visits of military personnel, and further defines the rights of the US and Philippine government in the matter of criminal jurisdiction, movement of vessel and aircraft, importation and exportation of equipment, materials and supplies.

However, it can be valid since there is a mother treaty for it?

According to the UN Treaty Reference and the Vienna Convention on the Law of Treatises, that is allowed under international law that there will be a treaty under a treaty.

In short, the Visiting Forces Agreement is served as “Implementing Rules and Regulations” for a Mutual Defence Treaty.

The VFA was in seek to supersede the expired RP-US Military Bases Agreement in 1991 wherein the Philippines and US were both under the table to negotiate the possible extension of the presence of US Military Bases in the Philippines.

Way back in 1998, former President Joseph Estrada through his Foreign Affairs Secretary ratified the VFA after the series of negotiations and conferences in Manila last 1997 wherein former Chief Executive Fidel V. Ramos approved the said agreement.

In line with Article VII Section 21 of the 1987 Constitution, the approved VFA was transmitted to the Senate for ratification which took almost a year until it was officially entered into forced on June 1, 1999.

In landmark jurisprudence of Bayan vs Zamora (G.R. No. 138570 October 2000), the petitioners questioned the constitutionality of the VFA that it doesn’t line in Article XVIII, Section 25 and Article VII, Section 21, respectively.

Section 25, Article XVII, provides:

“After the expiration in 1991 of the Agreement between the Republic of the Philippines and the United States of America concerning Military Bases, foreign military bases, troops or facilities shall not be allowed in the Philippines except under a treaty duly concurred in by the Senate and, when the Congress so requires, ratified by a majority of votes cast by the people in a national referendum held for that purpose, and recognized as a treaty by the other contracting State.”

The Highest Court ruled that VFA is not unconstitutional since the VFA was complied with the requisites given by the Article XVII Section 25 and it was ratified via Article XVII Section 21 of the 1987 Constitution.

Hence, it is recognized by the Supreme Court as “treaty” not as mere “executive agreement”

But, the Constitution is silent of what is manner of termination of treaty despite its legal capacity to ratify into it which vested to the Senate. And I confidently that the Supreme Court, the Highest Court of the land, is in need to establish the precedence including its pending withdrawal from the International Criminal Court.

With the question of its worthiness, we can rely on the efforts of Defence Secretary Lorenzana who pushing the initiative to have collaboration review on the VFA and to change some provisions on it with the observance of both national interest.

The technical and equipment assistance in alleviating and countering terrorism in Mindanao was the product of VFA including the neutralization of international terrorist Zulkifli Marwan by means of military training and equipment.

In addition, the balikatan exercises was produced by VFA.

There are questions of commitment and seriousness of Washington DC and we can’t deny that, but still it should be solve bilaterally not unilaterally and not for the prior interest for a figure.

[thedeathchanter]

A fear of WWIII

As the respond to the imminent attacks against its American diplomats and servicemen and to cut further plans to do so, President Donald Trump responded that he orders to kill Iranian top general, yet the second most powerful leader next to Ayatollah himself, Qasam Soleimani in the tensed escalation in Baghdad International Airport via air drone attacks.

Trump called the mission terminating their considered top terrorist, a success and he further explained that Soleimani is in the master behind the proxy war activities within Middle East and accused of supporting and funding terrorist groups in the Gulf region such as Hezebollah.

As Iran vows to seek revenge moves in the major blow by the US forces. However, as feared by many, it could be leading factor to another World War?

Well, Middle East is the region of alliances which controlled by both military forces of United States of America and Islamic Republic of Iran, where the Saudi Arabia, United Arab Emirates, Israel and other Gulf states within the region. However, Iran only garnered Syria upon long-reigning Assad’s administration, Hezebollah in Lebanon, Houthi forces in Yemen, with strategic partnership with China and Russia.

However, Soleimani’s death was equivalent to the death also of Osama bin-Laden of Al Qaeda and Abu Bahk al-Baghdadi of Islamic State or ISIS, which considered a major big blow for Iranian side as his efforts make some bigger contribution in Iran’s national security.

This conflict rose in the major change of shift of approach on the start of Trump’s relations not just over Iran, but for North Korea as well, in terms of nuclear activities.

Compared to George W. Bush’s way in courting Iran, the mixed of both aggression and diplomacy was not a success resulting to a bigger tensions but the move of Barack Obama’s recognizing Iran as nuclear state and start dealing negotiations in which he emphasize that diplomacy is the solution was the major one. Trump referring the mentioned move of Obama on his speech earlier, “it must be done a long time ago”.

Trump gave sanctions to Iran, particularly on not buying its oil product which paralyzed Iran’s economy and other it turning to be more injuries on the part of them since the European Union decided to sanction Iran as well.

If we purely relied on Trump’s reason of attacking Iranian forces against its diplomats and servicemen particularly to the incident of storming Iraqi forces in US Embassy at the last day of 2019, it could be triggered for the Iran to burst some attacks against American forces deployed in Iraq after the incident.

In other words, Iraq will be the venue of military tension between Iran and US.

World War can spark anytime even at this moment after US killed Soleimani in the response of attacking their men, way back to World War I where Archduke Francis Ferdinand of Austria-Hungary assassinated which sparked the armed conflict in the European region.

US is different, they not declaring wars, as Trump assures, but they are ready to reply on Iran’s message. US is smart in terms of strategy and alliance, they got the majority of Middle East while Iran got only two states but China and Russia are ready to support since they are anti-US as well.

If the Philippines will react, well, they will chose to be neutral for now, since President Duterte is fresh from fighting verbally against US’s move in favour to Senator De Lima’s detention. However, Duterte is in China and Russia partnership focus.

[thedeathchanter]

I don't how to start...

Many of us are still cracking our heads, not just every new year, but everyday when we thought of something, how can we start something? Don't worry, we're on the same boat.

We have a full of frustrations, stresses and disappointments as 2019 already wrapped out. Even I, I have full buckets of negative results, I ever wonder, how can I start something?

First of all, what's the purpose why we need to start or restart? I was on the point that I want to restart to forget all the frustrations and to cover up everything, which is very wrong. The point that you are not willing to accept all of those, the more you get being distract to the point that you are not totally focus, then you stop.

Acceptance is the first yet crucial move.

When my two dates after my ex left in my life, I was so doomed thinking of how can I start the life this 2020?

I was thinking of finding another date and what I did wrong to the last two will be correct, and I think deeply, it is not a very useful recommendation.

When I didn't succeed to be a cum laude in my college, I was frustrated and I think of how can I be more than to a person? I think of such matters like studying a law school, join some academic contest and others.

I realized lately, it makes myself more stressful to the point that I only satisfy of those who are watching me, but not myself.

First move is acceptance, yet crucial because some of us, take acceptance for granted, we are not fully embraced those and instead we acknowledge it and passing days, we tend to forget.

I don't know how to start anyways, like I don't have any concrete plans of how to achieve those goals, but my goals are produced from disappointments.

More of that, we you start, it should more on selflove. Don't find love to other persons instead feel some love from those around you and most important, make things that satisfies yourself, not to those around you.

There is no concrete procedures of how to draft your plans in order for your to start, because it's more on to yourself and your strategy.

At the end, only you will taste the real satisfaction of your success that you produce with all of your efforts.

Most important, all include Him, pray and believe to Him according to His plan to His perfect time.

Happiest 2020! 😁