Pemberton case may compel PH to review VFA

From the Philippine Star posted to ABS-CBN (Dec 26): Pemberton case may compel PH to review VFA

The Philippine government may have to review its Visiting Forces Agreement (VFA) with the US in view of the deal’s “vague provisions” highlighted by the controversy over custody of Lance Cpl. Joseph Scott Pemberton, the US Marine accused in the killing of a Filipino transgender, Justice Secretary Leila de Lima said.

De Lima said disagreement over custody has become an “inevitable and recurring problem” because of some unclear provisions in the VFA, signed in 1999.

“We are having these problems because vague provisions in the VFA are prone or susceptible to varying and differing implementations,” De Lima, a member of the government’s VFA commission, said.

Pemberton has been charged with murder for the death of Jeffrey “Jennifer” Laude last Oct. 11 in Olongapo City.

De Lima said both sides have tried to settle this issue by coming up with implementing guidelines for the VFA.

She said the VFA commission had been trying to iron out kinks in the VFA even before the Laude case emerged.

“One of the problems is until now, the implementing guidelines have not been completed. We tried working on it for two years or more, but there are certain aspects where both sides couldn’t agree,” she said.

In the absence of guidelines, she admitted the US cannot be compelled to surrender Pemberton to Philippine custody even if a warrant for his arrest had been issued.

She said she agrees with the suggestion of Senate President Franklin Drilon and other lawmakers for the government to revisit the provisions in the VFA on custody and detention.

“We really have a problem because of these vague provisions. Sen. Drilon has a point,” she said.

De Lima earlier called the Laude murder case an “extraordinary circumstance” that should justify Manila’s insistence on having Pemberton under its custody in accordance with Article V Paragraph 6 of the VFA.

Such provision states that in extraordinary cases, the Philippine government shall present its position to the US government regarding custody, which the latter shall take into full account.

But the US side insisted on keeping Pemberton inside the Mutual Defense Board (MDB) and Security Engagement Board (SEB) facility at Camp Aguinaldo, saying the VFA provides for its custody of American servicemen until completion of judicial proceedings.

The Olongapo City Regional Trial Court Branch 74 has suspended the trial for 60 days pending a Department of Justice decision on the Pemberton camp’s petition for review of the murder indictment.

Pemberton did not appear in the preliminary investigation of prosecutors into the killing of Laude, only to challenge their finding of probable cause after the filing of a murder case in court.

http://www.abs-cbnnews.com/nation/12/26/14/pemberton-case-may-compel-ph-review-vfa