Technicalities matter

“Ako ay nalulungkot sa posisyon ng Amerika. Masyadong teknikal ang kanilang interpretasyon ng Visiting Forces Agreement,” the Senate president said over radio dzRH. (I am saddened with the position of the US. Their interpretation of the VFA is very technical.)

The Philippine Inquirer

On the contrary the practice of law is largely centered on technicalities, the deciding factor on which many cases are won. This is what law students discover and live with after several years studying justice as an ideal. But the esteemed Senator knows that.

He also knows that changes in contract provisions after such time that parties have binded themselves to these need to be made together in order to arrive at mutually-beneficial agreements. But I doubt that with the Pemberton case the US Government would agree to a renegotiation of the VFA provision in question because as far as it is now concerned that should have been the look out of the Philippine Government’s legal team long before, prior to the agreement.  A technicality but then legal in all respect.

In the end the question that’s left hanging in the air is, was the Philippine Government proactively concerned with the welfare of it’s people – at least those who would be directly affected – when signing agreements with countries?  Because with the Pemberton case as was with similar others before, the approach on our end had been what father tells me when I’m a bit slow myself, too late the hero.


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