THE government yesterday defended its controversial defense treaty with the United States as anger simmered over the US Embassy?s refusal to hand over a marine convicted of raping a Filipina.

At least two senators have said they are in favor of scrapping the Visiting Forces Agreement as the US Embassy ignored a Supreme Court order to return Marine Lance Cpl. Daniel Smith to Philippine custody.

But Defense Secretary Gilberto Teodoro said Manila could not renege on its commitment and instead should ?explore ways and means? to iron out problems.

?We have to comply with the agreement?s terms in good faith,? he told reporters, playing down the case as a ?minor incident.?

?With Smith, the important thing is, he is under the jurisdiction of the Philippines in toto, maybe not physically right now,? Teodoro said.

Senate President Juan Ponce Enrile cautioned his colleagues against overreacting over Smith?s case.

?The Supreme Court has just rendered a decision recognizing the [defense agreement],? he said.

?I do not know whether there is a reason to abrogate it.?

In 2006 Smith was sentenced to 40 years for the rape of the woman, whom he met at a bar at the former US naval base in Subic Bay in November 2005.

When Smith was sent to a Philippine prison, Washington called off large-scale military exercises in protest, forcing Manila to transfer him to a detention facility inside the US Embassy.

Smith has been held by the embassy for the past two years under a ?temporary custodial arrangement,? awaiting an appeal. But last week the Supreme Court told the government to regain custody of Smith while his case remained on appeal.

It said the custodial agreement went against provisions of the deal, which covers procedures for any crimes committed by US soldiers in the Philippines.

The Philippines is a military ally of the United States in Asia, and US forces are periodically in the insurgency-hit Mindanao for anti-terrorism training. AFP