PHL govt has one year to try US serviceman tagged in transgender slay –official

The Philippine government must complete the judicial proceedings on the killing of a transgender woman in Olongapo City allegedly by a US serviceman within one year, an official of the commission overseeing the implementation of the Visiting Forces Agreement (VFA) said Wednesday.

“Nakasaad du'n na in the event the judicial proceedings are not completed within one year, the United States will be relieved of the investigation,” said Ret. Gen. Eduardo Oban, executive director of the Presidential Commission on the Visiting Forces Agreement (VFACOM), in a phone interview on GMA News TV's “News To Go.”

Citing paragraph 6 in Article V of the VFA, Oban said, “Kailangan matapos ang judicial proceeding within one year. Kahit naman sino, ganito dapat ang standard — speedy trial.”

Oban said the Philippine government will request the US to turn over Private First Class Joseph Pemberton once the case against him was formally filed.

"Yes, we will do that. Once na na-file na ang mga charges, the Philippine government may present its position to American authorities regarding custody," he said.

Under Article V, Paragraph 6 of the VFA, custody of an American officer involved lies with the US, while the Philippines has jurisdiction over the case.

Oban said it will be up to the US government to “determine whether to grant our request or not.”

The request will be made, he added, as they “look at this case as something extraordinary” because it “concerns the death of a Filipino national.”

On Tuesday, the Philippine National Police (PNP) identified Pemberton as suspect. It said he was positively identified by a witness through a photo line-up process. The police said a murder case is being prepared against the suspect.

The serviceman, a member of the US Marine Corps 2nd Battalion 9th Marines, is being linked to the killing of 26-year-old Jeffrey Laude last Saturday night.

Laude, who went by the name Jennifer, was found dead in an inn in Olongapo City hours after the victim was last seen with a foreigner.

Suspect, 'key witnesses' held onboard

Oban said they are hoping that the US “would consider” the circumstances “and grant us our request.”

He added that as per the VFA, Pemberton will be detained “in a facility to be mutually agreed [upon] by both countries.”

Custody aside, Oban said that the US government is bound by the agreement to make the suspect “available to Philippine authorities in time for any investigative or judicial proceedings.”

He added that if proven guilty, the American personnel has to serve his sentence in the Philippines.

While authorities prepare the case against Pemberton, Oban said the suspect and “key witnesses” have been moved “under restricted status” to USS Peleliu, one of the five vessels in Subic in Zambales.

“'Yung mga taong ito ay inilagay sa isang barko para 'yung ibang barko ng Amerika ay pwede nang maglayag palabas dahil they still have to proceed to their respective operational missions,” he said.

On Tuesday, the US Embassy in Manila confirmed that the suspect, who it did not identify at the time, is being held onboard the said vessel.

US should 'respect' PHL law

The case, which some said is reminiscent to the Subic rape case in 2005, has brought to light issues on "liberties" of American soldiers in Philippine soil.

Oban said the US military force is expected to uphold Philippine laws during their stay here, as reflected in standard operating procedures and policies they have.

He described Laude's killing as “an unfortunate incident.”

Oban also said US military forces should “refrain from any activities inconsistent with the law of the Philippines.” —Rose-An Jessica Dioquino/KBK, GMA News