PH to seek custody of U.S. Marine over killing of Filipino transgender in Gapo

From InterAksyon (Oct 14): PH to seek custody of U.S. Marine over killing of Filipino transgender in Gapo

The Philippines will seek custody of United States Private First Class Joseph Scott Pemberton of the 2nd Battalion, 9th Marines, who is being suspected of killing 26-year-old Filipino transgender Jeffrey Laude inside Celzone Lodge in Olongapo City Saturday night.

Philippine Department of Foreign Affairs (DFA) spokesperson Charles Jose said the country would seek custody of Pemberton if it would be proven that he had a hand in the slay of Laude.

"I think we will and we should but there's no guarantee (that the) U.S. will grant our request,” Jose told Agence France-Presse in an interview Tuesday.

Jose’s statement was supported by Philippine Department of Justice (DOJ) Undersecretary Jose Justiniano, who served as counsel of one of the U.S .Marines accused of raping a Filipina only known as “Nicole” in Subic in 2005.

“If you interpret the law, custody should be with us but under the VFA (Visiting Forces Agreement), the U.S. may request custody if the person involved is a U.S. military personnel,” Justiniano said, adding that this was provided for in Article V, Section 6 of the VFA, which was ratified by the Philippine Senate in 1999 during the term of then President Joseph Estrada.

Pemberton, who was part of the 3,500-member US contingent in the Philippines for joint military exercises, is being held onboard the amphibious assault ship USS Peleliu now docked at Subic Bay Freeport in Zambales province.

The U.S. Naval Criminal Investigative Service (NCIS) and the Philippine National Police are doing a joint investigation into the October 11 killing of Laude.

The PNP said witness Mark Clarence Gelviro had positively identified Pemberton through a photo line-up process provided by a representative from the NCIS.

“A case of murder is being readied for filing” against Pemberton, according to the police.

In a statement issued Tuesday, the U.S. Embassy in Manila said that it "expresses its deepest condolences to the family and friends of Jeffrey Laude, also known as Jennifer."

"The United States will continue to fully cooperate with Philippine law enforcement authorities in every aspect of the investigation," it said.

For his part, Retired Armed Forces of the Philippines (AFP) chief of Staff Eduardo Oban Jr., head of the Presidential Commission on the VFA, said the Philippines could request for Pemberton’s custody but the decision still rests with the U.S.

He said Article V, Paragraph 6 of the VFA states that the Philippines has jurisdiction over the case, while the U.S. has custody over an American personnel accused of committing offenses in the Philippines.

“Ang jurisdiction ng kaso ay sa atin, ang custody ay nasa U.S. habang dinidinig ang kaso,” Oban said Monday night in an interview with dzMM radio.

Article V, Paragraph 6 of the VFA 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.”

The same paragraph states that, “United States military authorities shall, upon formal notification by the Philippine authorities and without delay, make such personnel available to those authorities in time for any investigative or judicial proceedings relating to the offense with which the person has been charged.”

“In extraordinary cases, the Philippine Government shall present its position to the United States Government regarding custody, which the United States Government shall take into full account,” the paragraph further read.

Meanwhile, incumbent AFP chief of staff General Gregorio Pio Catapang Jr. told media on Tuesday that the crime happened after the US-Philippine joint military exercises and thus the AFP was longer responsible for Pemberton’s actions.

"But their movements (of U.S. military men) while in the country are closely being monitored," Catapang said.

Catapang said the AFP was "deeply saddened" by the incident.

"Kami'y po ay nababahala din dahil kapwa Pilipino ang biktima. Ano man ang kanyang kasarian, we have to fight for the victim, fight for justice [We are also concerned because a fellow Filipino was the victim. Whatever is the gender of the victim, we have to fight for the victim, fight for justice]" he said.

Nevertheless, Catapang said the incident “will not affect” the Philippines and the U.S. military relations and the Enhanced Defense Cooperation Agreement between the two countries.

http://www.interaksyon.com/article/97271/ph-to-seek-custody-of-u-s--marine-over-killing-of-filipino-transgender-in-gapo