Though the request — made in a diplomatic note sent by the DFA to the US Embassy — was sent last Nov. 16, officials noted it has not been acted upon by Washington, despite the urgency of the matter.
"We were informed by the US Embassy last Thursday that our request has already reached the US government. They also said that they informed Washington that the six US Marines are still in their custody," a diplomat said.
The same official said the transfer of custody to the Philippine government could be done on a diplomatic level with the US acceding to the request.
He warned that the six servicemen, if convicted, would be allowed to serve their sentence in the US if a separate investigation by its own military court is completed ahead of court proceedings in the Philippines.
But the six American military personnel would have to be brought back to the country if summoned by the court here to appear, he said.
The six US servicemen accused of raping a 22-year-old Filipina in Subic last Nov. 1, are still under custody of the US Embassy.
The six Marines were not present during the preliminary hearing of the case last week even as embassy officials vowed to present them whenever required by local prosecutors.
Foreign Affairs Undersecretary for Special Concerns Rafael Seguis told members of the Legislative Oversight Committee on the Visiting Forces Agreement (VFA) that the government, through the DFA, had transmitted the diplomatic note and it was duly received by the US Embassy.
Seguis said the DFA is coordinating closely with the US Embassy on the turnover of custody of the six US soldiers implicated in the rape.
Seguis, however, declined to divulge the contents of the diplomatic note citing "national security implications."
He added the DFA also asked the US Embassy to make certain that the six Marines do not leave the country while the trial is ongoing.
"As the Philippines has asserted its primary right of jurisdiction over the case, our authorities (investigative, prosecutorial and judicial) would like the suspects to be available to their processes, in accordance with Philippine law," Seguis said.
US Embassy Press Attaché Matthew Lussenhop said the mission has to consult with Washington regarding the Philippines’ request for custody of the six American personnel.
Seguis said DFA Undersecretary Zosimo Paredes, executive director of the Presidential Commission on the Visiting Forces Agreement (VFACom), visited the US Embassy to ensure the six Marines are still in the country.
The US servicemen, for their part, assured Paredes they would be available for investigators.
Seguis pointed out the government can demand custody of the six accused Americans since they were involved in an "extraordinary" offense considered a heinous crime under Philippine laws.
Foreign Affairs Secretary Alberto Romulo has assured that the government will pursue the matter with vigor and in accordance with Philippine laws and treaty obligations under the RP-US Visiting Forces Agreement.