THE United States yesterday cautioned the Philippines against reviewing their defense treaty, in a row over a US Marine?s appeal against a 40-year jail sentence for raping a Filipina.

US Ambassador Kristie Kenney said it was ?premature to talk about reviewing? the Visiting Forces Agreement while the case of Lance Cpl. Daniel Smith was being studied.

Smith was convicted in 2006 of raping the Filipina after he took part in war games in the Philippines.

He was initially sent to a local jail to start his 40-year sentence, but was later transferred to a facility inside the US Embassy in Manila when the case went on appeal, triggering public outrage. The appeal has yet to be heard.

The US Embassy has ignored an order by the Philippines? Supreme Court ordering Smith to be returned to Philippine custody.

A number of senators have called for the treaty to be reviewed or revoked altogether.

?I think we should take guidance,? Kenney told reporters Monday, stressing that Washington took all its treaties ?very seriously.?

?We don?t sign them lightly. We pay attention to them and we do our best to comply. So we do take any thought of review very seriously,? she said.

?The [treaty] has served both of our countries very, very well. This [Smith?s case] is the first real case we have under it. Our focus is on that particular case, so I think it?s premature to talk about reviewing [the treaty] until we?ve worked through this case.?

Some pro-US officials and legislators have warned that killing the treaty could force Washington to downgrade defense ties with Manila, which the Bush administration considered a key regional ally in the global war on terrorism.

The treaty outlines the rules governing the conduct of US troops participating in joint military exercises here.

The treaty?s ratification in 1999 provided the legal cover for the resumption of large-scale joint military exercises between the two allies. AFP with Roy Pelovello