THE Philippine Senate should take into account the affirmation of the military agreement between the Philippines and the United States before deciding what to do with it, an official said yesterday.

Press Secretary Cerge Remonde said lawmakers should not disregard the commitment of US President Barack Obama and President Arroyo to the Visiting Forces Agreement when deciding whether or not to end it.

?Their discussions can become inputs for the Senate to consider,? he said.

On Saturday, Obama telephoned Mrs. Arroyo to affirm the United States? commitment to the military agreement and praise her efforts in countering terrorism and modernizing her Armed Forces.

But the deal has become controversial, with various sectors calling for its abrogation over the case of Lance Cpl. Daniel Smith, a US serviceman convicted of raping a Filipina in 2005.

Smith was detained in a local jail after his conviction, but later was moved to the US Embassy in Manila following an executive agreement between Foreign Secretary Alberto Romulo and US Ambassador Kristie Kenney.

Last year, the Supreme Court ruled that the deal placing Smith under US custody was not consistent with the provisions of the Visiting Forces Agreement.

Remonde rejected suggestions that Obama?s call was meant to pressure the Arroyo administration against reviewing the military deal.

But critics say the deal must be amended because it automatically grants US custody over any American serviceman being tried for a crime in the Philippines.

Manila Rep. Bienvenido Abante said the US should surrender Smith to local authorities to show respect.

?It is still important that the US government should respect our sovereignty as a nation, and should not expect that we will always say yes to what they want,? he said.

Rep. Ruffy Biazon, vice chairman of the House committee on national defense, regretted Malaca?ang?s failure to raise the custody issue when Obama called Mrs. Arroyo.

?The [Armed Forces] derives benefits from the [military agreement], but the US interpretation of how [it is] implemented is clearly one-sided,? he said.

?It is sad that Malaca?ang got so excited with the phone call itself and failed to discern what the message was.? Joyce Pangco Pa?ares and Roy Pelovello