Olongapo prosecutor's office completes subpoena documentation vs Pemberton

From InterAksyon (Oct 17): Olongapo prosecutor's office completes subpoena documentation vs Pemberton

Department of Justice (DOJ) Secretary Leila de Lima said Friday that the Olongapo City prosecutor's office has completed the documents, including the subpoena, that will be served to US Marine Private First Class Joseph Scott Pemberton, who was implicated in the killing of a transgender in the city.

De Lima said the subpoena may soon be served on Pemberton, who is currently held by US authorities on board the USS Peleliu, an amphibious assault ship moored at Subic Freeport after it was not allowed to leave while authorities are investigating the killing of Jeffrey "Jennifer" Laude.

"I was informed by the prosecutor that the subpoena, plus other documents to be served to the respondent, is now ready," de Lima said.

But she said justice officials will have to wait for advise from the Department of Foreign Affairs (DFA) on where the subpoena should be served, adding that they will course it to the DFA and then the latter will communicate with the US Embassy.

"The prosecutor here is just being careful. We have to know where we will serve the subpoena," De Lima said, adding that is the reason why they have to course it to the DFA first.

De Lima explained that this is part of the protocol under the Visiting Forces Agreement (VFA) signed in 1999 by the Philippine and US governments to govern the conduct of US military personnel while they are in the country during training exercises with their Filipino counterparts.

The DOJ Secretary said that serving the subpoena on the suspect is important, since it would then enable him to respond to the charges filed by the prosecutor.

Earlier, DOJ Undersecretary Jose Justiniano said the Philippine government has the primary custody of the US serviceman but that, under the VFA, the US government can request to retain custody of their personnel while undergoing trial.

"If you interpret the law, custody should be with us, but under the VFA the US may request custody if the person involved is a US military personnel," Justiniano said, adding that this was provided for in Article 5, Section 6 of the VFA which was ratified by the Philippine Senate in 1999 during the term of then President Joseph Estrada.

He cited the 2005 case involving four US soldiers who were accused of raping a Filipina woman initially identified only in court proceedings as "Nicole", when the US government took custody of the four respondents while the trial was being heard by the Makati City Regional Trial Court.

"While the US took custody of the four accused, they were made available every time their presence was required by the court," he explained.

Justiniano served as legal counsel of Lance Corporal Daniel Smith when he appealed his conviction in the rape case before the Court of Appeals (CA).

http://www.interaksyon.com/article/97438/olongapo-prosecutors-office-completes-subpoena-documentation-vs-pemberton