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Demand attendance of 4 US Marines in Laude death probe, DFA, DOJ told 


Senator Francis Escudero on Monday said the Foreign Affairs and Justice Departments should immediately get in touch with their counterparts and demand the attendance of the four US Marines who were witnesses in the case of slain transgender woman Jeffrey “Jennifer” Laude.
 
In a press statement, Escudero said such demand is covered by the Visiting Forces Agreement (VFA), which calls not only for respect for the law but the obligation to make available the US personnel for investigative or judicial proceedings.

Escudero, a former chairman of the Senate Committee on National Defense, said the VFA clearly provided for the Philippines to have criminal jurisdiction over US soldiers involved in a crime in the country. He said it was a matter of invoking the provision with speed and conviction.
 
“The VFA, undoubtedly, is one-sided and as such we must always insist and be vigilant with what is accorded us as a matter of sovereign right in that treaty,” Escudero said.
 
In airing his call, Escudero cited Article V of the agreement which states, “US military authorities shall, upon formal notification by the Philippine authorities and without delay, make such personnel available to those authorities in time for any investigative or judicial proceedings.”
 
He issued the statement shortly after the DFA confirmed that the four US Marines have already left the country. The four, along with suspect Private First Class Joseph Scott Pemberton, were summoned by the Olongapo City Prosecutor to appear before the preliminary investigation Tuesday.  

The names of the four US Marines, however, were not immediately available.

On the other hand, Pemberton is facing a murder complaint over the killing of Laude.

Bayan Muna Representative Neri Colmenares called on the government to "exert all efforts to get the four Marines to testify so that the killing of Jennifer Laude can be resolved immediately and justice be served."

"The govt can still demand that the US govt present the 4 Marines all the Aquino govt needs is the political will to do so.It should depart from the US dependent framework it is using and assert an independent foreign policy," Colmenares told GMA News Online.
 
‘Twisting the facts’

In a statement, Kabataan party-list Rep. Terry Ridon criticized US Ambassador Philip Goldberg for saying the VFA has helped in the investigation of Laude’s death.
 
“The ambassador is clearly twisting the facts. Mr. Goldberg failed to mention how provisions of the VFA hampered immediate inquest proceedings, and how the agreement is now being used to bar the appearance of US marines who witnessed the crime,” Ridon said.
 
“Now, the key witnesses are reportedly out of Philippine waters, no thanks to the VFA. Clearly, Ambassador Goldberg is engaging in doublespeak – and worse – the Aquino administration is taking Goldberg’s words without question,” he said.
 
On Sunday, Goldberg tweeted that the VFA “helped close coordination between the United States and Philippine authorities in investigating Jennifer Laude’s case.”
 
Ridon earlier said the US’ insistence in retaining custody over Pemberton has hampered inquest proceedings for the case, leaving Philippine authorities with no choice but to file a murder complaint against him in the fiscal’s office.

Ridon, however, said the testimonies of the four US Marines had no relevance on whether Pemberton killed Jennifer.

"Barbie's testimony on what occurred in the hotel is all we need to jail Pemberton. At best, their testimony might even muddle the investigation, and dwell on irrelevant issues and facts," Ridon said, referring to Laude's friend who last saw the victim alive.

The witness said Laude was with Pemberton inside an Olongapo City motel room on the night of the victim's death.
 
Renato Reyes, secretary-general of the Bagong Alyansang Makabayan, said the prosecutors in the Laude murder case should insist on the attendance of the four witnesses in the preliminary investigation proceedings.

"The US Embassy says they already gave their statements but it is not clear who investigated them, and under what circumstances," Reyes told GMA News Online.

"Why is the Philippine government taking this affront to our sovereignty so lightly?" Reyes added.

Chilling message
 
Escudero said that the incident calls for the Philippine authorities’ and the Filipinos’ righteous indignation to fight for custody of the suspect and demand for the physical availability of the four American witnesses.
 
“We cannot just sit idly by and watch while our laws are being subverted. If we cannot defend, protect nor assist our fellow Filipino right here in our own soil, what chilling message do we get out there to our people and especially to those who are outside Philippine soils?” he asked.
 
Escudero said the US cannot be begrudged for protecting the interests of its nationals and its interests.
 
“Our own officials should also, with the same fervor, do the same. This is why I continue my call for the review of the VFA for clearer, stronger and stricter stipulations which are mutually beneficial to both parties in every step of the way,” he said. — Amita Legaspi/RSJ/NB/KBK, GMA News
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