ith 2007 just two days away, the Philippine Government has finally come to its senses and sent US Marine Daniel Smith back where he belongs: in the custody of the US Embassy. For several weeks since the December 4th Guilty verdict of Makati Regional Trial Court judge Benjamin Pozon, it seemed that the Republic of the Philippines was incapable of living up to its bilateral agreements.

The Arroyo administration, in a show of indecisiveness and timidity had allowed itself to be pushed into reneging on its obligation with the United States under the Visiting Forces Agreement (VFA) when it did nothing to get Smith back into US custody. In a grandstanding display of misguided bravado that played well with Filipino leftists, judge Pozon--who according to Philippine Justice Secretary Raul Gonzales is himself a Communist sympathizer--refused to give the young Marine back to US Embassy officials as required by the VFA, and instead kept him detained at the Makati City Jail.

Article V, of the Visiting Forces Agreement (VFA) says that US Servicemen accused of crimes in the Philippines are to remain in US custody "until completion of all judicial proceedings." Smith was convicted on December 4, 2006 by Judge Pozon of raping Nicole, a Filipina, in the backseat of a van in Subic, a sprawling former US naval base north of Manila. Smith is appealing his conviction, and is thus entitled to remain in US custody while his appeal is pending.

A direct consequence of Pozon's stubbornness has been the cancellation by the US of the the 2007 Balikatan joint military exercises. Admiral William Fallon, head of the US Pacific Command has even pulled out US troops helping in typhoon Reming ravaged areas of Bicol, stating that "the last thing we want is to undo all the good work that has been done between the Armed Forces of the Philippines and ourselves, but this puts me in a real dilemma because I need to guarantee the safety of our forces."

Now that Lance Cpl. Daniel Smith is back in US custody, joint RP-US military endeavors may resume...or not. The Philippines must now have to dispel any lingering doubts about its ability to "deliver" its side of the bargain despite objections from vocal sectors of its society.

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