U.S. role in war games unclear

By Rufi Vigilar

MANILA, Philippines (CNN) -- United States officials have expressed "reservations about command" during their role in war games with Philippine forces, Vice President Teofisto Guingona Jr. has told a senate enquiry session.

The U.S. government is still examining a draft provision on the "authority" Philippine commanders would have over American soldiers, and the terms could be revised, Guingona said Thursday.

The U.S. constitution prohibits U.S. troops from taking orders from a foreign authority.

The military exercises were launched January 30 and actual exercises are set to begin on February 15.

A draft of the controversial "terms of reference" for the military exercises was approved by President Gloria Macapagal Arroyo and her cabinet on Tuesday.

Protest groups have raised fears the final terms of the war games would mask the alleged combat role of U.S. troops and the setting up of virtual U.S. bases in the Philippines.

The exercises are expected to last for not more than six months.

Combat training

Guingona called the exercises "counter-terrorism training relative to Philippine efforts against the Abu Sayyaf," adding that U.S. troops "shall not engage in combat operations, without prejudice to their right of self-defense."

The Abu Sayyaf have held two Americans and a Filipino hostage for more than eight months in the guerrilla stronghold of Basilan, some 560 miles (900 km) south of Manila, where joint military exercises are set to take place.

Although legal officials have called the Abu Sayyaf hostage crisis a "domestic police problem," the U.S. government has targeted the group in its global anti-terrorist campaign against terrorist cells supported by Saudi dissident Osama bin Laden.

Evidence linking the Abu Sayyaf to bin Laden's al-Qaeda terrorist network was last uncovered in 1995.

Philippine Armed Forces chief Gen. Angelo Reyes tried to allay fears U.S. troops would set up virtual bases in the Philippines.

Reyes said only temporary structures like "troop billets, classrooms, and mess facilities" would be set up, adding that there would be no permanent communications or recreational structures.

Legal challenge

The Philippine Supreme Court has ordered the government to respond by next week to a petition calling for a stop to the exercises.

The legality of the exercises has been challenged by Attorney Arthur Lim, a former president of the country's largest lawyers' group, the Integrated Bar of the Philippines.

The Philippine Constitution prevents troops from overseas engaging in combat on Philippine soil, unless sanctioned by a bilateral treaty.

The government has invoked the 1951 Mutual Defense Treaty (MDT) and the 1998 Visiting Forces Agreement (VFA) to justify the unprecedented character of this year's military exercises.

Unlike in the past, this year's exercises will be conducted in a "conflict area," use live ammunition, use "live, moving targets," and last longer than usual.

External aggressors

Protest groups said the MDT only applies to external aggressors, while the VFA is not considered a treaty by the U.S. Senate.

Philippine Constitution Association president Juan Ponce Enrile also said that the Abu Sayyaf problem is a "domestic police problem," even as the U.S. has linked it to al-Qaeda's global terrorist network.

On Wednesday, protesters launched a broad coalition called Out Now!, which calls itself "the biggest assembly of groups and individuals fighting US military intervention in Philippine affairs."

Out Now!, which comprises 54 protest groups, three regional coalitions, and three sectoral alliances including Church leaders, is also demanding a review of the MDT and VFA, as well as a stop to the exercises until the terms of reference are finalized.

Responding to protests, the government has cited the support of the Catholic Bishops' Conference of the Philippines and a poll showing more than 80% public support for the military exercises.