The United States could also take the opportunity to renegotiate a new, better-value agreement with the Philippines – one that meets President Duterte`s goal of being strong against the United States and the other that gives President Trump the opportunity to mark another important deal, this time a defense deal, with its unique footprint that could advance U.S. interests for years. The VFA provides for rules on the entry and exit of U.S. personnel to the Philippines, the transfer of military ships and aircraft, and the importation and export of equipment and goods related to the activities covered by the agreement. The VFA also provides for a reciprocal or contrary agreement, signed on 9 October 1998. This agreement applies to Filipino personnel temporarily sent to the United States. Habang hindi nagbabanta si Duterte na kakalas sa MDT bei EDCA, ang mga ito ay maaapektuhan pa rin. Halimbawa, kung walang VFA, ang mga joint traininig exercise ay magiging limitado lamang sa “mga pinagkasunduang lokasyon” sa ilalim ng EDCA, sinabi ni Bagares. Makakaapekto din ito sa VFA Pendant Agreement, dagdag niya. The second challenge, Suzette Nicolas y Sombilon Vs.
Alberto Romulo, et al. / Jovito R. Salonga, et al. Vs. Daniel Smith, et al. / Bagong Alyansang Makabayan, et al. Vs. President Gloria Macapagal-Arroyo, et al., on 2 January 2007, was re-decided by the Supreme Court on 11 February 2009.
In deciding this second challenge, Court 9-4 (with two judges who inhibit) ruled that “the Visiting Forces Agreement (VFA) concluded on February 10, 1998 between the Republic of the Philippines and the United States is in accordance with the Constitution … The decision continued, particularly with respect to the subic Rape case, “… the Romulo-Kenney agreements of 19 and 22 December 2006 are not in accordance with the VFA and the Minister of Foreign Affairs, respondent, is responsible for negotiating without delay with the representatives of the United States the corresponding agreement on detention centres under the Philippine authorities, in accordance with Article V, para. VFA, until the status quo is maintained until further decisions of the Court.  UP professor Harry Roque, an adviser to former Senator Jovito Salonga, one of the petitioners in the case, said in a telephone interview about the decision on the consistency of the VFA. “We`re going to appeal… We hope to be able to convince the other judges to join the four dissenters.  The agreement contains various procedural safeguards to protect due process rights and prohibit dual threats.  [VIII 2-6] The agreement also exempts Filipino personnel from visa formalities and ensures expedited entry and exit;  [IV] requires the United States.