Malacañang on Tuesday stood by defense agreements entered into by the Philippine government with the US despite the alleged involvement of an American soldier in the killing of a transgender Filipino woman in Olongapo City over the weekend.
At a press briefing, Communications Secretary Herminio Coloma Jr. said the Aquino administration will not be deterred from improving the Philippines' defense capabilities although some groups may use the criminal incident as an argument against the RP-US Visiting Forces Agreement (VFA) and the Enhanced Defense Cooperation Agreement (EDCA).
"Nasa karapatan din ng pamahalaan na pumasok sa mga kasunduan katulad na, sa pagpapasya ng Pangulo at ng pamahalaan, ay kinakailangan para sa pambansang interes ng Pilipinas," Coloma told reporters.
Earlier in the day, the Philippine National Police (PNP) identified Private First Class Joseph Scott Pemberton of the US Marine Corps 2nd Battalion 9th Marines as a suspect in the killing of 26-year-old Jeffrey Laude, who also used the name Jennifer.
The suspect is being held by American authorities on board USS Peleliu while a murder case is being prepared against him by the police.
EDCA, VFA
Progressive groups have used Laude's killing to criticize the VFA and the EDCA.
Bayan Muna party-list Rep. Carlos Zarate, for instance, said the incident "may just be the start of more abuses for US troops unless we scrap EDCA."
Bayan Muna party-list Rep. Carlos Zarate, for instance, said the incident "may just be the start of more abuses for US troops unless we scrap EDCA."
Last April, Philippine and US officials signed the EDCA, which will allow an enlarged rotational presence of American troops in the country. The new defense pact is effective for 10 years.
The EDCA, whose constitutionality is being challenged before the Supreme Court, allows US forces to train, refuel aircraft and preposition their supplies within Philippine territory, which has yet to be agreed upon by both parties.
The VFA, ratified by the Philippine Senate in 1999, meanwhile provides for the resumption of bilateral military exercises between the two parties and their enhanced defense cooperation.
Procedures in place
At the Palace press briefing, Coloma further said the VFA had put in place procedures for holding liable an American soldier who commits a crime on Philippine soil.
"Kung mayroong mga partikular na insidente katulad ‘nung paglabag sa ating batas ay mayroon ding partikular na probisyon kung paano pangangasiwaan ang mga kaganapang itom," he said.
"Hindi po tayo dapat matinag doon sa ating determinasyon na magtatag ng Tanggulang Pambansa na nasa pambansang interes po ng lahat ng Pilipino," he added.
The VFA states that "Philippine authorities shall have jurisdiction over United States personnel with respect to offenses committed within the Philippines and punishable under the law of the Philippines."
However, the agreement states that the custody of the suspect goes to US authorities, who are required to present the suspect at judicial proceedings.
Foreign Affairs Secretary Albert del Rosario nevertheless said that the Philippines could ask the US to waive custody over the suspect "in the case of heinous crimes."
But in a television interview Tuesday, Foreign Affairs spokesperson Charles Jose said there is nothing in the VFA that provides for the Philippine government taking custody of an implicated US serviceman even if the crime committed was heinous.
But in a television interview Tuesday, Foreign Affairs spokesperson Charles Jose said there is nothing in the VFA that provides for the Philippine government taking custody of an implicated US serviceman even if the crime committed was heinous.
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