3. Vehicles, ships and aircraft operated by or for the United States armed forces are not subject to payment of landing or port, navigation or overflight charges or other user fees, including lighting and port charges, while travelling to the Philippines. Aircraft operated by or for the U.S. armed forces must comply with local air navigation rules in the Philippines. Ships owned by the United States or operated exclusively by the United States in the non-commercial service of the United States government are not subject to the mandatory piloting provision at Philippine ports. 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 United States could also use the time to renegotiate a new and better deal with the Philippines – an agreement that meets President Duterte`s goal of being strong against the United States and gives President Trump the opportunity to mark another important agreement, this time a defense deal, with its unique footprint that could advance U.S.
interests for years to come. It is the duty of United States personnel to respect the laws of the Republic of the Philippines and not to engage in any activity inconsistent with the spirit of this agreement and, in particular, with any political activity in the Philippines. The U.S. government takes all measures under its jurisdiction to ensure that this happens. On February 11, 2020, Philippine President Rodrigo Duterte officially announced at the U.S. Embassy in Manila that he was coming to an end to the pact, with the denunciation expected to come into force in 180 days, unless otherwise agreed during that period.