The Department of Foreign Affairs on Thursday said it will no longer continue to seek custody of US Marine Lance Corporal Joseph Scott Pemberton after the
“We will not request anymore,” Foreign Affairs spokesman Charles Jose told a news conference, but stressed that Manila will make sure Pemberton will be detained in a Philippine detention facility once he is convicted.
Pemberton is facing murder charges in connection with the killing of Filipino transgender Jeffrey "Jennifer" Laude in October. He is presently detained at a US facility in Camp Aguinaldo.
The Philippine government earlier expressed its disappointment over the US rejection, but acknowledged that America's decision was “not inconsistent” with the Visiting Forces Agreement that they retain custody, while the Philippines have criminal jurisdiction over the case.
The VFA – a defense accord between Manila and Washington that allows American troops to train in the Philippines – states that the US has primary custody of its soldiers involved in criminal cases until the completion of all judicial proceedings.
"Since the beginning of the case we have said before that once formal charges are filed and the court issues an arrest warrant, that's the time that we will request the US to waive custody over Pemberton and when that happened, we requested custody," Jose said, despite having no guarantee that the US will grant its request.
Nonetheless, Jose said the government's failure to get Pemberton’s custody will not affect the case.
"We should not lose sight of the bigger picture which is to get justice,” Jose said. “What’s important is that Pemberon submitted himself, we have criminal jurisdiction under Philippine court and Philippine laws and he is under detention in Camp Aguinaldo where he is guarded and monitored by Philippine and US authorities.”
In the event of conviction, Jose said Pemberton would have to serve at a Philippine detention facility “agreed on by appropriate Philippine and US authorities.”
“And they have to comply because that is clearly stated in the VFA,” Jose said. "If convicted, Pemberton will definitely serve time in the Philippines."
The 19-year-old US serviceman was last seen at a motel in Olongapo City where Laude, whom he met at a nearby disco, was found dead.
The emotion-laden case sparked protests from LGBT community, left-wing militants and human rights groups. It also prompted calls from lawmakers to abrogate the VFA.
Pemberton, who took part in military exercises that involved more than 3,500 American military personnel in the country last October, was initially held on board US Navy ship, the USS Peleliu.
After consultation by US and Philippine authorities, American officials agreed to discreetly transfer him to a container van at the Aguado compound in Camp Aguinaldo, where he is currently being guarded by US Marines. Philippine military personnel stand guard at the compound's gate and outside its perimeter.
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