The silence of President Aquino on the murder of a Filipino transgender by a member of the United States Marine Corps more than a week ago in Olongapo City is deafening.
Jennifer Laude, 26, a citizen of this country was killed brutally (severely beaten, strangled, drowned , her head shoved in the toilet bowl) almost midnight of Oct. 11 by Private First Class Joseph Scott Pemberton, who is here as part of the PH-US military exercises.
More than a week has passed and not a word of concern from the President of the Philippines.
No representative from Malacañang nor from the Department of Foreign Affairs has visited the grieving family of Laude.
Foreign Affairs Spokesman Charles Jose said a staff of the Department of Social Welfare and Development met with the Laude family which shows that the Aquino government does not consider this case as a foreign affairs issue. To them, it’s a social services matter no different from a people drowning in floods.
If the silence of the President is deafening, the statements coming from his spokespersons are appalling showing their ignorance on the issue that affects the integrity and sovereignty of the country.
Last Friday, to justify the lack of interest of the Aquino government in asserting the Philippine government’s right to have custody of Pemberton, deputy presidential spokesperson Abigail Valte, told reporters “We have a standing agreement with the US that in cases like these, the Philippines has criminal jurisdiction, while the US has custody over the suspect. The same agreement does not stop us from asking for custody.”
What agreement is Valte talking about? There is no agreement, standing or sitting, that gives the US automatic custody over the suspect without the consent of the Philippine government.
If Valte was referring to the agreement signed by then Foreign Secretary Alberto Romulo and U.S. Ambassador Kristie Kenny in 2006 on the controversial detention of Lance Corporal Daniel Smith who was convicted of rape of a Filipina in Subic, that was declared by the Supreme Court illegal, in violation of the PH-US Visiting Force Agreement that governs the legality of the presence of American soldiers in the country.
The February 2009 SC decision penned by Associate Justice Adolfo S. Azcuna states,
“… the Romulo-Kenney Agreements of December 19 and 22, 2006 are DECLARED not in accordance with the VFA, and respondent Secretary of Foreign Affairs is hereby ordered to forthwith negotiate with the United States representatives for the appropriate agreement on detention facilities under Philippine authorities as provided in Art. V, Sec. 10 of the VFA….”
Art. V, Sec. 10 of the VFA provides that “The confinement or detention by Philippine authorities of United States personnel shall be carried out in facilities agreed on by appropriate Philippine and United States authorities.”
The Feb. 2009 decision by the High Court tackled the issue of detention after conviction, which was what was being questioned in the complaint, and not during trial.
The SC decision states,” It is clear that the parties to the VFA recognized the difference between custody during the trial and detention after conviction, because they provided for a specific arrangement to cover detention. And this specific arrangement clearly states not only that the detention shall be carried out in facilities agreed on by authorities of both parties, but also that the detention shall be “by Philippine authorities.” Therefore, the Romulo-Kenney Agreements of December 19 and 22, 2006, which are agreements on the detention of the accused in the United States Embassy, are not in accord with the VFA itself because such detention is not “by Philippine authorities.”
Harry Roque, the lawyer of the Laude family, said the Aquino government erred big-time when it surrendered custody over Pemberton without even the Americans asking for it.
Article V Section 6 of the VFA , “the custody of any United States personnel over whom the Philippines is to exercise jurisdiction shall immediately reside with United States military authorities, if they so request…”
Justice Undersecretary Jose Justiniano is of the same opinion as Roque that under the VFA, in order for the US government to have custody, they have to make a request.
“The law stated that the US government has to take a request, so, the implication is that we do have the primary custody.”
The U.S. government did not have to make a request for custody over Pemberton because the Aquino government gave it up voluntarily. That’s why it’s lamentable to hear DFA Spokesman Charles Jose and VFA Commission head Eduardo Oban bowing to US authority over Pemberton with nary an effort to assert Philippine authority over an offender in Philippine territory.
As we mourn the death of Jennifer Laude, we should also weep over our government officials’ surrender to the Americans of Philippine dignity and sovereignty.
The president has a different job than Harry Roque, and need not fight Harry Roque’s battles for him. Indeed, the President is smarter because he can distinguish between the two separate issues, a murder case involving individuals, and the VFA, and agreement important to defense of the Philippines.
Harry Roque is stepping on a dead person’s body to advance a political aim, clouding the issues, and trying to stoke rage against the American presence. Odd, that he is also a principal opposed to EDCA. He has also endorsed Binay for president. To paint him as a guy sympathetic to the dead – or the Philippines – is wholly backward.
The VFA provides a constructive framework, a guidepost, that tells Philippine police to let the US hold the suspect, but please give us all you know about the case, and make him and the witnesses available. Which the US is doing. Only those who want to undermine a constructive partnership would complain about what has transpired so far.
That is, they are interested in politics and really don’t care a whit about respecting a dead person.
because PNOY is afraid the US presence might leave? the obama admin is just itching for a reason to pull out of the PHL and slash it’s military budget even more.
China is watching this with glee.
“As we mourn the death of Jennifer Laude, we should also weep over our government officials’ surrender to the Americans of Philippine “(dignity)” and sovereignty.”
May boyfriend pala siya, pero gusto pang kumana ng kano. Anong klase ng dignity ang meron dun?
Yung isa, di na nga totoong babae ang nakuha, mukhang naperahan pa.
Ilan ba sa atin ang mga walang disiplina sa sarili politiko man o ordinaryong tao? Kung mawalan ka ng disiplina sa sarili ang kasunod noon yung dinidad mo na rin. Ilan pa ba sa mga Pilipino sa ngayon ang nagbibigay ng magandang halimbawa ng “dignity”? Tapos yung mga militante rally dito, rally doon. May isang member ng LGBT community and napaslang din noon. May business pa nga na legal ha. Yung taong iyon hindi sensationalized. Pero mas karumaldumal ang sinapit ng taong iyon sa kamay ng mga hayop na pilipinong kriminal.
At this moment in Time the Privacy and dignity of the Victim and families is paramount to all issues and must be RESPECTED.
This is as Criminal issue as a Filipino Nanny found murdered in a Peel Region Hotel, (in Greater Toronto Area) in a burnout Hotel Room but the Police Investigation revealed that she was murdered by his Client before the room was set on Fire..She was on the Job about a year as a nanny and was moonlighting as a Sex worker (the Cops found out later her Nanny job) and was advertising her services by on line..
Her murderer was Arrested Two days after and was charged with FIRST DEGREE Murder and the Cops is asking the public to come forward or call the anonymous tip lines if any information of the accused..they suspected that he may have other victims most probably other sex workers as he has outstanding cases of assaults and other crimes against sex trade workers.
http://www.insidehalton.com/news-story/4917135-police-believe-murder-suspect-was-sex-trade-worker-s-customer/
right, joeam, aquino must not be too interferring, or meddling, and let roque and co do their jobs.
the government is doing its part: paying state prosecutors salaries, miscellaneous and other expenses as regards court hearing and special sessions, the amount could will be thousands and maybe millions of pesos.
binay who is part of the government has already visited the victim’s family and given them white envelop na may pera sa luob. maybe the anti americans in the senate like miriam and co. can visit the family as well at magpa-abot din ng mga sobreng puti na may mga pera sa luob. erap, grace poe, bong marcos, jv ejercito, mar roxas, drillon, they can all troop down and likewise see the family. does not have to be aquino this, aquino that.
@vic, I agree we should respect the victim, but when Harry Roque sets them marching upon the US ships in Subic, they aren’t asking to be respected, but are pawns in a political display. Or he is agitating for a big financial payment for the family, which I guess could be construed as a way to respect the dead’s family. But a rather crass way considering he/she has not even been buried yet. I always thought respect was best expressed with quiet, with grief, with prayer, and with regret at what has been lost.
@roc, courtroom dramas are rather like politics in a way. Two sides are pushing for their clients, the prosecution for the victim, the defense for the accused. This one has some complicated elements that intertwine with social values (was the accused “tricked”?) and political (VFA). I’ve discerned that Harry Roque marches to the same beat as China.
atty roque has been fighting for the helpless WITHOUT ASKING anything for his services NOT only this time but most notably was that of the still ongoing magindanao massacre case AND had not in anyway ADVANCED a political ambition. he’s NOT a fortun. not a topacio. not a makalintal. NOT even a panelo!
choose your right description, PLEASE.
This tragic incident that give rise to the agenda based groups to use for advancing their cause of junking the agreement that was signed in good faith between parties is not dissimilar to the attitudes of the many ME countries that blames Foreign guests for “no-fault” incidents just because they came to their countries and should not have had happened if they stayed home…And someone has still to find out what to call that kind of attitude…
@MPRivera, I was a fan of Harry Roque until about 3 months ago when he became a principal in the leftist rally opposing DAP, and then when he endorsed Binay for president. And the attorney leading a march of the family on US ships?
I guess we have to define what “fighting for the helpless” means. If wanting a liar and crook to be president is fighting for them, or undermining the state, or tearing down protective defense agreements is fighting for the helpless . . . give Harry a cheer.
roque will get no cheer from me. I reckon he ought to concentrate hard and long on work at hand and not get distracted. do his homework, read and prepare all necessary documents, look at all angles and anticipate where volleys are likely to be coming, and counter attack. I’m reminded of the comfort women case he had represented and lost.
#9. atty roque may have endorsed the presidency of binay for being not yet convicted for the cases filed against him by his politicking former vice mayor whose integrity is as questionable as the secrets hidden inside his closet.
read this:
http://www.abante-tonite.com/issue/oct2114/edit_order.htm
I’ve always admired Teddy Locsin’s witty commentaries, some of which I don’t necessarily agree with, but his recent take on Pemberton’s custody is a nugget. He said if it’s our concern that we should be assured suspect Pemberton will attend the whole judicial process, we’d rather have the US Marine Corps guarding him than having him under Philippine jailguards who escort drug lords to have sex with their girlfriends. LOL.
#12. Onga naman, hahahaha!