MANILA, Philippines (Eagle News Service) — Malacanang said the governments of the Philippines and the United States will follow the provisions of the Visiting Forces Agreement (VFA) in seeking justice for the murder of a Filipino allegedly by an American serviceman in Olongapo City, as police prepare to file a murder complaint against the suspect
Presidential Communications Operations Office Secretary Herminio Coloma Jr., said that the Philippine government will follow the detailed process as laid down in the VFA, and cited Article 5 of the VFA on criminal jurisdiction and custody of suspect.
“Sa aspeto ng criminal jurisdiction, ang mayroong hurisdiksyon sa mga paglabag sa batas sa loob ng bansang Pilipinas ay ang pamahalaan ng Republika ng Pilipinas. Sa aspeto naman ng custody, ayon sa VFA, ang may custody ay ang pamahalaan ng Estados Unidos. (On the aspect of criminal jurisdiction, the Philippine government has jurisdiction on the criminal violations that happened within the Philippines. On the aspect of custody, based on the VFA, the custody remains with the United States,” he explained.
Article 5, Paragraph 1(a) states that “Philippine authorities shall have jurisdiction over United States personnel with respect to offenses committed within the Philippines and punishable under the law of the Philippines.”
Article 5, Paragraph 6 meanwhile states that the “custody of any United States personnel over whom the Philippines is to exercise jurisdiction shall immediately reside with United States military authorities, if they so request, from the commission of the offense until completion of all judicial proceedings.”
He noted that the aspect of criminal jurisdiction is different from the aspect of custody.
“Susundin po ang mga detalyadong proseso ng VFA, na ang pangunahing layunin ay gawaran ng katarungan ang mga krimeng magaganap,” Coloma said in a press briefing at the Palace.
The VFA contains specific provisions on the legal processes to ensure that justice will prevail, Secretary Coloma said, assuring that the ongoing investigation will not be whitewashed.
Coloma said that in the meantime, they will wait for the Philippine National Police, as the lead agency of the Philippine government, to announce the details of the investigation, which also involves the Naval Criminal Investigation Service.
Initial reports point to a US serviceman as the suspect in the killing of a transgender in a lodge in Olongapo City on Saturday night.
Police have identified the victim as Jeffrey “Jennifer” Laude, 26, of Barangay (village) West Tapinac, Olongapo City.
Laude’s body was found inside a comfort room, with his head slumped in the toilet bowl. Police said Laude could have been strangled to death.
US suspect identified, US navy ships now grounded
The Philippine National Police has already identified the suspect as U.S. Marine Private First Class Scott Pemberton who is assigned with the 2nd battalion of the 9th Marines out of Camp Lejeune, North Carolina.
Police Senior Supt. Wilben Mayor, chief of the PNP Philippine Information Office, said a witness helped identify the suspect through a photo.
Police are still investigating the motive for the crime.
Both the Armed Forces of the Philippines (AFP) and the US Navy have vowed to help each other in the case’s investigation.
US Navy Admiral Samuel Locklear visited Camp Aguinaldo Tuesday afternoon, where he and AFP Chief of Staff Gen. Gregorio Pio Catapang also talked about the case.
Gen. Catapang said Admiral Locklear personally sent his regrets and said that it was an “unfortunate incident.” He said Locklear also sympathizes with the family of the victim and wants a full investigation of the case together with the PNP.
Because of the incident, all US Navy ships are grounded while the investigation is ongoing.
“Hopefully, they will surrender the identified soldier involved in the incident,” Catapang said.
Murder complaint to be filed, Phl to seek custody of US soldier
The Olongapo City Police is now preparing to file a criminal complaint for murder against Pemberton.
The AFP admits that because of the VFA, the suspect cannot be placed under Philippine custody until the case had been resolved, or until the completion of judicial proceedings.
The Department of Foreign Affairs said that it would try to request to have the suspect under Philippine custody.
But DFA Spokesperson Charles Jose said the request could be made after the investigation of the case and once a criminal case has been filed in court.
Jose said custody automatically resides with the US government, and the Philippine government can just make the proper request because this is a big case.
“We have to request (custody). We can do that but there is no guarantee. It is clear that we have jurisdiction over the case. This is a serious offense. We will do our part. Jutice will be served,” Jose said.
The victim’s family has already appealed for justice for Laude’s death.
“My family is appealing for justice, that the perpetrator be identified, that the suspect answer for what he has done to my brother,” the victim’s sister, Marilou Laude, told Reuters TV.
US embassy confirms suspect now in their custody
The US Embassy website has confirmed that American marine officer who is a suspect in the case is already being held onboard the USS Peleliu while a joint investigation is being conducted on the case.
A US embassy statement posted on the US embassy website said: “The United States Embassy in Manila expresses its deepest condolences to the family and friends of Jeffrey Laude, also known as Jennifer. A U.S. Marine has been identified as a possible suspect in the ongoing investigation. The suspected Marine is assigned to the 2nd Battalion, 9th Marines, out of Camp Lejeune, North Carolina. He is being held onboard USS Peleliu while a joint Naval Criminal Investigative Service and Philippine National Police investigation is conducted. The United States will continue to fully cooperate with Philippine law enforcement authorities in every aspect of the investigation.”
Eduardo Oban, Executive Director of the Visiting Forces Agreement Commission, said they would make sure that the investigation of the case would not exceed the prescriptive period of one year.
Under the VFA, the Philippine courts only have one year within which to issue a decision on the case, Oban said.
VFA amendment sought
Meanwhile, some senators said that there is a need to review and revise some provisions of the VFA, including the one-year prescriptive period given for criminal cases involving US servicemen.
“The police and the prosecutors should act fast lest the prescriptive period be breached. I call on and urge the DFA to revisit and seek the amendment of the VFA,” said Senator Francis Escudero.
Militant groups also urged Philippine authorities to assert national sovereignty in the interest of justice.
Secretary-General of rights group Bagong Alyansang Makabayan (New Patriotic Alliance), Renato Reyes, said the U.S. should not be allowed to use the Visiting Forces Agreement to gain immunity for troops implicated in crimes.
“It is our view that the Philippines should exercise primary jurisdiction over this case, and that the U.S. serviceman should be under the custody of the Philippine government, because this was a crime committed against a Filipino, in violation of Philippine laws, and it happened outside the U.S. military exercises,” Reyes said.
He urged Philippine authorities to assert national sovereignty in the interest of justice.
“This is another test of the Visiting Forces Agreement. As we have seen in the past, the VFA has been used by the United States government to shield its personnel from any accountability under Philippine law. And we will not allow a repeat of what happened in the 2006 Subic rape case. So this has to go through Philippine jurisdiction. Anything less is unacceptable,” Reyes said.
In 2005, a U.S. Marine was accused of raping a Filipino woman in Subic Bay. During the trial, the accused marine was in the custody of the U.S. embassy. He was convicted by a lower court but an appeals court reversed the ruling after the woman recanted her statement.
Activists are also opposing a new security pact called the Enhanced Defense Cooperation Agreement, a new 10-year deal the United States and the Philippines signed in April. It allows for a larger U.S. military presence in the country as the Philippines struggles to raise its defence capabilities amid territorial disputes with China.
(Eagle News Service with a report from Reuters)
