Miriam to probe Olongapo slay

MANILA, Philippines - Sen. Miriam Defensor Santiago said on Wednesday that she will investigate the alleged killing of a Filipino transgender in Olongapo City by a United States marine.

Santiago, chair of the Senate foreign relations committee, said the inquiry will be conducted in aid of legislation on October 22.

The senator said she will invite police operatives assigned to the case, the victims' family members and friends, and the hotel employees on duty when the Filipino and the American soldier registered to rent a room at the hotel.

Santiago believes the timing of the alleged crime is "egregious" since it happened after the joint military exercises between the two countries and just before American and Filipino military leaders met on Tuesday for discussions on the new Enhanced Defense Cooperation Agreement (EDCA).

On Saturday, Jennifer Laude, 26, was found dead inside the hotel in Olongapo City where she checked into with the American soldier.

The suspect was identified yesterday as Private First Class Joseph Scott Pemberton of the US Marine Corps 2nd Battalion, 9th Marines.

Under the Visiting Forces Agreement (VFA), Santiago said the Philippines has jurisdiction of case but the US will have custody of its accused personnel.

"The disparity is very clear. The Philippines has jurisdiction but, upon mere request by the U.S., our law enforcement is required to immediately turn over the custody of the American military personnel to the U.S.," she said.

The Philippines can request custody of the suspect if it considers the crime to be an extraordinary case, Santiago said, but the US is required only to take the Philippine position "into full account" and not immediately grant the request.

The US embassy in Manila said Pemberton is being held onboard the USS Peleliu. The Department of Foreign Affairs, on the other hand, said it will request the US to waive custody of the suspect.

Santiago said unlike the VFA, the present EDCA does not contain provisions on jurisdiction and custody over US military servicemen who have committed crimes in Philippine territory.

"Presumably, the U.S. military authorities will invoke the terms of the VFA in the transgender case. This is one more reason why we should terminate the VFA," she said.

Santiago is a known critic of the VFA. In 2009, he sponsored a resolution seeking for the termination of the military accord.

In her sponsorship speech, Santiago said the VFA violated the Philippine Constitution, since the US considered the deal as a treaty and not as a mere executive agreement.

She also believes that VFA is a failure, because after 10 years, the Armed Forces has not modernized sufficiently to keep up with the country's Asian neighbors.