DFA serves Pemberton’s warrant of arrest at US Embassy

(UPDATED 10:25 p.m.) The Philippine government has served the warrant of arrest on US Marine PFC Joseph Scott Pemberton at the US Embassy in Manila on Tuesday night, the Department of Foreign Affairs has said.

"The warrant of arrest was served this evening," Department of Foreign Affairs spokesman Charles Jose said in a text message.

Jose said the Philippine government would formally seek custody of over Pemberton after the Olongapo City Regional Trial Court issued a warrant for his arrest in for the murder of Filipino transgender woman Jeffrey “Jennifer” Laude.

 

"We welcome the progress made so far on the case, and as we stated earlier, we will now formally seek custody over the accused PFC Joseph Scott Pemberton,” a Department of Foreign Affairs statement said.

 

“In accordance with the Visiting Forces Agreement, we look forward to the full cooperation of the US government in ensuring that justice is secured for Jeffrey "Jennifer" Laude,” the DFA statement added.

 

Pemberton was the last person seen with Laude before she was found dead at the Celzone Lodge in Olongapo city where they checked in on Oct. 11 after meeting in a nearby disco bar.

 

Following consultations between Philippine and US authorities, Pemberton, 19, who took part in military exercises that involved more than 3,500 American military personnel last October, was discreetly transferred to a container van at the Aguado compound in Camp Aguinaldo.

He is currently being guarded by U.S. Marines. Philippine Military MPs stand guard at the compound's gate and outside its perimeter.

 

Despite the American soldier’s detention at a Philippine military facility, the US said they will continue to exercise custody over Pemberton until the conclusion of all judicial proceedings.

 

Article 5 pertaining to criminal jurisdiction of the VFA states that "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, from the commission of the offense until completion of all judicial proceedings." 

 

Jose said the US can deny the Philippine request.

 

“Yes, they can refuse to turn him over,” Jose said. “But they have to make sure that he will be made available during court proceedings. That is their obligation.” —NB, GMA News