Despite US rejection, PHL to insist on custody over Pemberton

Despite the US government's denial, the Philippine government will continue insisting on getting custody over US Marine Lance Corporal Joseph Scott Pemberton, who is charged with murder in connection with the killing of Filipino transgender Jeffrey "Jennifer" Laude.

On Thursday, Justice Secretary Leila de Lima said Philippine authorities are conducting meetings almost on a daily basis to discuss ways to convince the US to hand over the serviceman, now being held at a US facility inside Camp Aguinaldo.

"The Philippine government will ask for, and insist on his (Pemberton) custody, na may warrant of arrest na," said De Lima. "That is something that’s really being worked on by the Visiting Forces Agreement Commission."

 

She said Philippine authorities are constantly in touch with their counterparts in the US Embassy to "come up with a mutually acceptable solution to this impasse."

 

De Lima said while both governments are working within the "purview" of the VFA, there has been a "conflict" in interpreting the bilateral deal's provisions.

 

"Kasi what we are invoking is that provision which says in extraordinary circumstances, we request for the custody and which they shall consider," said De Lima. "So dun pa lang sa extraordinary circumstances pa lang ata, hindi na naga-agree kasi wala namang definition actually iyong extraordinary circumstances." 

Only after conviction

 

De Lima said under the VFA, the Philippine government can compel the US government to give up custody over a serviceman only after conviction.

 

"Pero itong mga ganitong stages, may mga certain provision na subject to varying, differing interpretations. Ang talagang siguradong ma-compel talaga, kapag na-convict na kasi ikukulong natin iyan," she said.

 

For the Philippine government, De Lima said, heinous crimes like murder are considered as an extraordinary circumstance. "[There is] the qualifying circumstances of treachery, cruelty, use of superior strength [in the Laude case]." 

 

The Justice secretary added that the "complexion of LGBT rights" contributes to the case being considered an extraordinary one.

 

"Andiyan ang usapin o iyong complexion ng LGBT rights. May human rights complexion din iyan. Ang alam ko iyan ang iniinvoke ng VFAComm in their talks with the US Embassy," she said.

 

Arraignment

 

De Lima added that despite the US refusal to give up custody, court proceedings at the Olongapo City Regional Trial Court will proceed as scheduled.

 

"Ang next stage will be arraignment.. Kailangan i-ensure ang personal presence, personal appearance niya [sa arraignment]," said De Lima, adding that there is no such thing as "arraignment in absentia" 

 

"We leave it to the courts. And I am sure that the court will be cognizant also of the provisions of the VFA," she said.

 

No implementing guidelines

 

De Lima also said further aggravating the problem is the fact that implementing guidelines have yet to be crafted for the VFA.

 

"Until now, hindi pa nabubuo ang implementing guidelines, two or more than 2years na iyan tinatrabaho... dahil nga some of the provisions are prone or susceptible to varying and differing implementations," she said.

 

"Kaya I think every time na may ganyang kaso, na may pinapatay, hindi talaga maiwasan na magrecur any mga problem na iyan because of the vague provisions of the VFA," said De Lima. — RSJ, GMA News