The Supreme Court asked Defence Secretary Angelo Reyes and Executive Secretary Albert Romulo to defend the holding of the joint U.S.-Philippine war games on Basilan island where the Abu Sayyaf Group is holding one Filipina and two American hostages.
It was in response to the petition of lawyers, Arthur D. Lim and Paulino R. Ersando, former president and governor for Western Mindanao, respectively, of the Integrated Bar of the Philippines.
They claimed the war games were meant to combat the Abu Sayyaf group in Basilan.
The Supreme Court gave the government 10 days to rebut the claim of the lawyers that the holding of the war games is illegal and could not be justified by the Philippine-U.S. Visiting Forces Agreement (VFA) and the 1951 Philippine-U.S. Mutual Defence Treaty.
The lawyers' petition was the first legal move to put an end to the joint exercises which have been opposed by various sectoral groups.
The joint exercises will be held for the first time in Zamboanga City and Basilan Island in southern Philippines. It will also be held in Cebu City, central Philippines.
"The VFA simply does not allow U.S. troops to engage in combat disguised as an exercise. The VFA does not authorise American soldiers to fire back even if fired upon by the common enemy," said the two lawyers in a 13-page resolution.
The plan is to use U.S. combat troops as an excuse to crush the Abu Sayyaf bandit group which is holding two American hostages.
"The Abu Sayyaf Group is an internal problem that doesn't need U.S. help," said the lawyers.
They added that the Philippine government can invoke the Mutual Defence Treaty only if there is an external threat to its security.
Militant groups have vowed to continue holding protest rallies against the U.S. presence in Mindanao. They said they will intensify their protest rallies as soon as they get a copy of the signed Mutual Logistics Support Agreement and the Terms of Agreement, the guidelines for the training.
Meanwhile, President Gloria Arroyo's oversight cabinet committee and representatives of the Philippine and U.S. government approved the guidelines for the U.S.-Philippine war games, after a five-hour meeting at the presidential palace.
"The American soldiers were allowed to shoot in self-defence, if attacked by a common enemy such as the Abu Sayyaf Group," said the same source.
This is the most contentious issue regarding the U.S. presence in the country's war zone, since it means the U.S. troops can unilaterally decide to use their arms when shot at.
"This has been agreed. The guideline is not contentious anymore," noted Presidential Spokesman, Rigoberto Tiglao.
Arroyo and Foreign Secretary, Teofisto Guingona, meanwhile, reconciled after Arroyo allowed the latter power to supervise the U.S.-Philippine war games.
Guingona, current foreign secretary, said he and U.S. Secretary of State, Colin Powell, will be signing the guideline in two days' time.
Earlier, Arroyo did not allow Guingona to appoint the executive director of the VFA monitoring board. She also did not allow Guingona to sign the agreement that would allow U.S. troops in the war games to be held in Mindanao.
Court asks Reyes to justify war games
The Supreme Court asked Defence Secretary Angelo Reyes and Executive Secretary Albert Romulo to defend the holding of the joint U.S.-Philippine war games on Basilan island where the Abu Sayyaf Group is holding one Filipina and two American hostages.