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The filing of a murder charge against a U.S. serviceman for allegedly killing a Filipino transgender will test Washington's sincerity to uphold Philippine laws and respect the country's sovereignty.
On Monday, the Philippine government formally filed a murder compliant against Pvt. 1st Class Joseph Scott Pemberton of the U.S. Marine Corps in Olongapo City in Zambales province, some 130 km north of Manila.
Pemberton, 19, is accused of murdering Jeffrey "Jennifer" Laude, 26, a Filipino transgender, on the night of Oct. 21.
According to Olongapo City Chief Prosecutor Emily Fe de los Santos, Pemberton used "treachery, abuse of superior authority and cruelty" against the victim. "We believe we have a strong case," she said.
De los Santos said that Pemberton will not be allowed to post bail for his temporary release. Since there is no death penalty in the Philippines, if convicted he will be meted life imprisonment or up to 40 years in jail.
Pemberton, who took part in U.S.-Philippine military exercises near Olongapo City, had checked into a motel with Laude where she was later found half-naked, her head stuck in the toilet bowl, and with strangulation marks on her neck.
Olongapo City is also the former site of the Subic Naval Base, which used to be the largest U.S. naval facility in the Far East.
Laude's family had asked the court to order the transfer of Pemberton to a detention facility in Olongapo City as soon as warrant of arrest is issued against him.
Pemberton is presently detained at an air-conditioned facility within the Joint U.S. Military Assistance Group compound in Camp Aguinaldo, headquarters of the Armed Forces of the Philippines. He is being guarded by U.S. military personnel.
The Department of Foreign Affairs (DFA) said it was expecting " full cooperation" from the U.S. government now that Pemberton had been charged in court.
"In accordance with the Visiting Forces Agreement (VFA), we look forward to the full cooperation of the U.S. government in ensuring that justice is secured for Jeffrey 'Jennifer' Laude," DFA spokesperson Charles Jose said in a statement.
Earlier, Senator Miriam Defensor-Santiago said that the U.S serviceman should be turned over to Philippine authorities and detained in a local facility.
Santiago, who chairs the committee on foreign relations of the Philippine Senate, said that under the VFA, the Philippines has automatic jurisdiction over a suspect in a crime committed within its territory, once he or she has been identified.
But the senator also pointed out that under the same agreement, the U.S. could immediately get custody of the suspect by making a request.
The VFA, signed by the Philippines and the United States on Feb. 10, l998, allows the temporary stay of American military forces in the country during joint military exercises.
Militant groups here have demanded for the immediate termination of the VFA if the United States refuses to hand over Pemberton to the Philippine authorities.
The Bagong Alyansang Makabayan (New Nationalist Alliance) said the government should not allow itself to be "pushed around" by the United States and instead insist on the turnover of Pemberton.
"Any refusal by the U.S. government to turn over Pemberton to Philippine authorities should be considered a ground for terminating the VFA," said Renato Reyes Jr., secretary general of the group, said.
The Pemberton case is the second major test of the VFA. In 2006, U.S. Marine Lance Cpl. Daniel Smith was charged with raping a Filipino woman also in Olongapo City.
During his trial, Smith was only briefly detained by Philippine authorities. He was later surreptitiously handed over to the U.S. embassy where he was in custody until his case was decided by the court.
Smith was sentenced to 40 years in jail after being found guilty of rape. However, he walked free in 2009 after his accuser recanted her statement, prompting the Philippine Court of Appeals to acquit him.
In a related development, Senator Santiago said that the Enhanced Defense Cooperation Agreement (EDCA), signed last April 28, 2014, is not valid and effective since the Senate did not ratify it.
"If the Senate (does not concur the EDCA), it is not valid and effective," the senator said, citing Article 7 Section 21 of the Constitution.
She said that no treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all members of the Senate.
Santiago said that contrary to the claim that the EDCA does not involve the establishment of military bases, the agreement gives the U.S. rights of possession, control, and use over areas of Philippine territory described as "agreed locations."
"These rights amount to the maintenance of military bases in the agreed locations," Santiago said.
The Philippine Supreme Court has still to decide on the legality of the agreement after several petitions against it have been filed. Enditem
