Transgender woman slay: Calls mount to end VFA

From GMA News (Oct 15): Transgender woman slay: Calls mount to end VFA

Senator Miriam Defensor Santiago on Wednesday called on the executive branch to do away with the RP-US Visiting Forces Agreement, saying the alleged involvement of a US Marine in the killing of a Filipino transgender woman again showed that the treaty was skewed in favor of visiting American troops.

Another lawmaker, Senator Francis Escudero, renewed his call for a review of the treaty after Philippine authorities again found themselves seeking custody of a US serviceman implicated in a crime against a Filipino civilian.

 

Outside the Senate, the militant Bagong Alyansang Makabayan (BAYAN) on Wednesday said the Philippine government should consider the US' refusal to hand over Private First Class Joseph Scott Pemberton as a ground for terminating the VFA.

 

Santiago, who chairs the Senate committee on foreign relations, told reporters that she would initiate an inquiry into the case involving 26-year-old Jeffrey Laude, who was found dead inside an Olongapo City motel late Saturday night.

The Philippine National Police has identified Pemberton as a suspect in the case. At present, Pemberton is aboard USS Peleliu docked in Subic Bay while investigation is ongoing.  Laude, who also went by the name Jennifer, was last seen with Pemberton.

The US has custody over Pemberton, who's reportedly detained on board the ship that has also been barred from leaving the country. The PNP said on Tuesday that a murder charge was being prepared against him but no rap had been filed as of early Wednesday afternoon.

Wrong side of the law

"Again, here we see that we are always on the wrong side of the law and for me, an opportunity to renew my call to abrogate the VFA," said Santiago, who was once appointed as a magistrate in the International Criminal Court in The Hague.

 

Pemberton was a participant in the recently concluded Amphibious Landing Exercises, a joint military exercise between Filipino and US forces covered by the VFA.

 

"Ask the Americans to renegotiate, if they refuse, then simply give them notice to terminate. Under the rules of VFA, all you have to do to abrogate the VFA is give one year notice to the Americans," she added.

 

In 2005, the US pursuant to the VFA took custody of another US Marine, Lance Corporal Daniel Smith, who was accused of raping a Filipino woman in Subic, Zambales.

 

Escudero, a former chair of the Senate committee on national defense, on Tuesday called for a review of the VFA. He also asked the police and prosecutors to act with dispatch in Laude's case as criminal cases covered by the VFA had a prescription period of only a year.

 

"As before, I call on and urge the DFA (Department of Foreign Affairs) to revisit and seek the amendment of the VFA [as regards the] lopsided criminal jurisdiction provision," Escudero said in a text message to reporters.

 

BAYAN said the VFA only allows the Philippine government to request custody of an erring American soldier in extraordinary cases.

 

“Any refusal by the United State government to turn over Private Pemberton to Philippine authorities should be considered as a ground for terminating the VFA. The Philippine government must stand its ground and not be pushed around by the US, not when a Filipino was killed and the interest of justice is at stake,” BAYAN secretary general Renato M. Reyes, Jr.

 

“The Philippine government does not have to beg the US for custody of the accused US marine. A refusal by the US to turn over Pemberton is an affront to our sovereignty. Filipinos must not allow this to happen,” he added.

Daniel Smith

 

Santiago said the previous case of Smith and the recent incident could be grounds for the termination of VFA.

 

“Always there is a question of who has jurisdiction and who has the power to keep in detention before actual judgment in court. These are no longer temporary but periodic between RP-US relations. For who was this treaty made, I would like to know.  Was it made for the foreign power?” Santiago said.  

 

Santiago indicated that the Laude case presented the Philippine government with a similar issue of custody over an American implicated in a crime committed against a Filipino.

"This presents an opportunity for me to recall, to sound anew, to call again for the abrogation of the VFa because under the VFA, particularly on the provision on jurisdicition, if the crime has been committed, one, within Philippine territory and,  two, declared a crime under Philippine law, automatically jurisdiction belongs to the Philippines," Santiago said.

 

"However, [the] VFA has a provision that even if the jurisdiction belongs to the Philippines, if the US so much makes a request, just a request, not even a supported request like here are the evidence, photos, cameras, documents etc, automatically jurisdiction must be turned over to the US," she added.

Investigation

Santiago said she will set the hearing after the Senate resumes session in October, and conduct the investigation on or about Wednesday, October 22.

The senator has been on an extended sick leave from the Senate for chronic fatigue and, recently, lung cancer.

With 90 percent of the cancer gone, Santiago said last week that she was planning to return to the Senate when Congress resumes its session in late October.

"Paimbestiga ko nga yan. May problem of course is my physical stamina but then I have very capable vice chairmen. I can open it and start the hearing as long as I comply with three-day notice rule,” Santiago said.

 

“I cannot subpoena, we are not allowed to invite foreigners to our hearings but we can invite yung mga tao sa hotel, NBI at kung sino pa ang nakakita. Kamag-anak nung namatay baka may alam din sila, malay mo dati na silang magkakilala. Imbestigahin natin,” she added.

 

The senator said she would first check with Justice Secretary Leila de Lima and the National Bureau of Investigation if the Senate probe would hinder its investigation.

 

“Magtatanong muna ako, magbibigay-galang muna ako sa Secretary of Justice, sa NBI director.  Sa tingin ba ninyo ay makakaabala ba o  makakapahina ba ng kaso nyo  kung imbestigahin namin ngayon o saka na lang," Santiago said.

"Para hindi naman kami nag uunahan at mabigyan sila ng sapat na panahon na magawa nila ang katungkulan nila,” she added. 

 

http://www.gmanetwork.com/news/story/383639/news/nation/transgender-woman-slay-calls-mount-to-end-vfa