Barely ten years since we bid them goodbye, some 660 US troops are back in the country for "Balikatan 02-1," the joint RP-US miltary exercises in Mindanao.

Whether the Americans are here to train Filipino soldiers or to help eliminate the Abu Sayyaf and rescue its three hostages, their presence in the country has raised questions of legality.

The Constitution does not allow foreign military bases, troops or facilities in the Philippines, except by a treaty duly concurred in by the Senate. Moreover, such trainings must first be approved by the Council of Ministers composed of the foreign secretary and the US secretary of state, after being endorsed by the Mutual Defense Board.

The government insists that the Visiting Forces Agreement (VFA) of 1999 authorizes "Balikatan 02-1." But others argue that under the same agreement, military exercises should only last for a month and should only involve a small number of troops outside a combat area.

The "Balikatan 02-1" will be participated in by what New York Times described as "the biggest show of American might outside Afghanistan." It will last from six months to a year and will be conducted in Mindanao where the Abu Sayyaf, which is said to be allied with the al-Quida terrorist network is located.

In her hurry to push through with the new Balikatan exercises, President Gloria Macapagal-Arroyo shelved the processes that a foreign policy, such as the conducting of joint military trainings had to go through.

The Department of Justice had to remedy the defect by coming up with a legal opinion that "the President, as chief architect of foreign policy, can approve the exercise under the Visiting Forces Agreement."

A year after being swept into power by popular uprising, the Macapagal administration appears guilty of the same sins--lack of transparency and violation of constitution--that toppled the Estrada government.The executive branch could have been more forthcoming and more transparent in its decisions.

Adding insult to injury, Pres. Arroyo even declared that, the constitution will bear her out had she decided to allow US soldiers to fight the Abu Sayyaf in Basilan under "Balikatan 02-1." But she did not allow this as "a matter of policy and not because of legal restrictions".

Moreover, she boasts that majority are in favor of the presence of US troops in the country. "Only a few object to their presence, particularly the communists,"she said in a radio interview.

Senator Joker Arroyo refuted the President by pointing out that "the question from the beginning centered on constitutional issue" and "never" on policy. "In fact, even those concerned with a possible constitutional infringement welcome US help, provided a way could be found that would not offend the constitution," he explained.