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INTRODUCTION After the September 11 terrorist attacks on the soil the United States of America, national securit has been one of the most pressin! issues and primar concern for the "hilippines# $ence, the "hilippines turned to the United States of America for militar assistance, enhancement and up!radin! of "hilippine militar skills and e%uipment throu!h the &isitin! forces a!reement '()A*# $o+e&er, the a!reement is %uestioned on its constitutionalit since some of the pro&isions are in contrar to the Constitution and the so&erei!nt of the "hilippines# (isitin! )orces A!reement Republic of the "hilippines and United States of America  The &isitin! forces a !reement '( )A* is an accord bet+een the Rep ublic of the "hilippines 'R"* and the United States of America 'USA* that pro&ides the -le!al frame+ork for the treatment of US personnel &isitin! the "hilippines as appro&ed b the "hilippine !o&ernment. /10# In ratifin! the a!reement in 11, the "hilippine senate clearl understood that the &isitin! forces a!r eement, as the le!al mechanism to promote defense cooperation bet+een the t+o countries, enhancin ! the preparedness of the Armed )orces of the "hilippines a!ainst e2ternal threats3 and enablin! the "hilippines to bolster the stabilit of the "aci4c Area in a shared e5ort +ith its nei!hbor states# In its essence, the a!reement is aimed at -impro&in! the R"6US combined plannin!, combat readiness, and interoperabilit +hile enhancin! securit relations +ith the !oal for the American militar pro+ess to support the Republic of the "hilippines a!ainst e2ternal a!!ression. /70# 8oreo&er, as a le!al frame+ork, the a!reement pro&ides importa nt !uidelines that +ill de4ne the standards on the interaction bet+een the US and the "hilippine armed forces# It also las do+n the obli!ations of each part in the duration of the a!reement# 9efore the &isitin! forces a!reement is concei&ed, rati4ed and enforced in 1, its roots can be traced +a back in 1:; +hen the "hilippines attained its independence and self6!o&ernance from the United States of America# After liberation, the "hilippines +as not et totall in dependent as e&identl se en in the acts of the United States of America to maintain its in<uences b enterin! into di5erent economic, trade, political and securit a!reements or treaties# One of the most si!ni4cant trea ties that the "hilippines entered into +ith the US +as the "hilippine = American 8ilitar 9ases A!reement '89A* on 1: 8arch 7>>? /@0# It is stipulated in this a!reement that -a militar a!reement b +hich the /"hilippines0 !ranted the /United States of America0 the ri!ht to retain the use of bases in "hilippines for a period of ears, to permit the US to use such bases as /it0 ma determine accor din! to militar necessit, and to enter into ne!otiations +ith the US concernin! the e2pansion of such bases.# )urther stipulations in the a!reement include a creation of a militar ad&isor !roup +hich +as later named the oint U#S#

Vs Agreement

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