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.  A5: The VFA termination procedure provides for a 180-day delay between the declaration of intent to revoke and the official date of the revocation. In the absence of a new agreement, U.S. forces currently operating in the Philippines must leave or find a new legal status. These include U.S. forces helping the AFP fight against Islamic State-linked insurgents on the southern islands. As the AFP and the Philippine government make progress against the insurgents, U.S.
support is stepping up and accelerating progress for the Philippines, while slowing or even reversing the spread of Islamic State in Southeast Asia. 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.