Philippines may lose custody of Pemberton if VFA terminated, Marcos warns

The termination of the Visiting Forces Agreement (VFA) may cause the Philippines to lose custody of US Lance Corporal Joseph Pemberton, who was convicted of the October 2014 killing of Jennifer Laude, a senator warned on Monday.

In a statement, Senator Imee Marcos underscored that the VFA gives the Philippines legal jurisdiction over US military personnel who commit crimes in the country.

Pemberton was found guilty of homicide in 2015 over his brutal killing of Laude, a transgender woman.

“Kung walang VFA, babalik tayo sa international law at batas ng bansa kung saan galing ang mga tropang dayuhan ang mangingibabaw,” Marcos explained.

If the VFA is terminated before December 2021, the US may demand that Pemberton be freed before he could serve his sentence of six to 12 years, the senator added.

“Baka makasuwerte pa ulit si Pemberton. Wala na nga siya sa ordinaryong kulungan, baka maiklian pa ang kanyang sentensya. Dagdag-sakit para sa pamilya ni Jennifer,” Marcos said.

Presidential spokesperson Salvador Panelo disagreed with Marcos's assessment.

“I cannot see the logic in that. Why? Because we acquired jurisdiction over him,” Panelo told reporters on Monday.

“Even without the VFA, all crimes committed in this country, Philippine courts have jurisdiction. That’s only a privilege granted to them. And we assume jurisdiction precisely because that crime was of particular importance to us.”

Pemberton is currently detained at Camp Aguinaldo and is appealing his conviction on the grounds of self-defense.

In 2017, the Court of Appeals affirmed his conviction after he filed a plea to have it reversed.

President Rodrigo Duterte last week threatened to terminate the VFA after the US canceled the visa of his ally Senator Ronald Dela Rosa.

Marcos urged that the Enhanced Defense Cooperation Agreement (EDCA) should be terminated instead of the VFA.

The senator said the EDCA allows the US military to skirt the constitutional ban on foreign bases in the country and also makes the Philippines a potential target of America’s enemies.

“Baka matuwa pa nga ang US ‘pag nawala na ang VFA kasi puwede pa rin naman pumasok ang mga tropang Amerikano sa bansa natin dahil sa Mutual Defense Treaty at EDCA, pero wala nang hawak ang Pilipinas sa mga kasong kriminal kung mangyari man,” Marcos said. — Julia Mari Ornedo with Virgil Lopez/BM, GMA News