Should we allow a US service man to get away with (alleged) murder?

This is not about an ordinary alleged murder of an LGBT by just another foreign national. This is going to be a celebrated case that calls for a close scrutiny of our  Visiting Forces Agreement, Mutual defense Treaty and the highly controversial Enhanced defense Cooperation Agreement. This is not just a local news of an ordinary crime of passion involving two lovers or casual friends. This is a sensational case that may reach the august halls of the United Nations' Security Council because it involves the transcendental issue of how a small and fledgling third world nation, like the Philippines, can assert its own sovereignty, viz-a-viz a staunch ally and a former colonial master, like a world power which is the US of A. Of course, the US government did not cause this to happen. But the Philippine government seems unable to protect our own national dignity.

If the late Jeffrey a.k.a. Jennifer Laude were just killed by a local drunkard or drug addict, that " insignificant piece of humanity" would have been snatched in the dead of the night, perhaps subjected to brutality ( after being informed of his Miranda rights ) by our professional and competent police, and forthwith booked, charged, subjected to immediate inquest by our efficient prosecutors, and charged criminally with the non-bailable crime of murder. He would even be given the honor of being slapped by the family of the victim and shown via national television, where he would appear remorseful and beg for the forgiveness of the victims' loved ones. Then he would plead, having been under the influence of liquor or drug. We know the script.That is the usual drama, and we already know the ending of it all, if we begin with an end in mind.

But this is not just an ordinary run-of-the-mill murder. This allegedly involves a valiant and honorable member of the US Marines, identified by a witness Mark Clarence Gelvior, as Private First Class Joseph Scott Pemberton. This involves an American who comes to help the Philippines defend its territories from Chinese encroachment. We have to be polite to him. And so, it is not a remote possibility that, in the higher interest of national security, the murder of Jeffrey Laude may just have to be sacrificed. Of course, this option will be denied by official government spokesmen. While the whole nation cries for justice, and while the family and friends are filled with grief, disillusionment, and if you will,  a sense of outrage, and anger, the authorities would, of course, be making statements that are politically correct.

In fairness to our ever reliable Uncle Sam, the US Pacific Commander Samuel Locklear, forthwith gave the order to all military vessels in the country to remain at port all the while that investigation of such a crime is still on-going. That was a very good move. The Commander proves to be an excellent PR man and diplomat. And, if we may say so, such an order is only right and proper. For Filipinos who might not know, under the VFA, while our courts remain to have jurisdiction over crimes committed inside Philippine territory, the custody of any US military personnel who is being suspected or charged of a crime, is to be exercised by the US military authorities by the mere expedience of a simple request by them. That was why Corporal Lance Daniel Smith who was charged with rape of " Nicole" in Subic sometime in 2005, was never under the custody of the Philippine judicial system. Of course, Nicole later recanted her charges, for whatever reason she had.

Under the VFA, our criminal justice system is not trusted enough to have the competence and integrity to care for US personnel who may be suspects, accused or even convicts of rapes or murders. Our government signed that agreement, in exchange of protection by a stronger ally. Because, we have to bite the bullet, we are virtually admitting that we are incapable of paddling our own canoes. Thus we are under estoppel from questioning that agreement. Well, that is the realpolitik. And so, the Nicoles and the Jennifers in this poor country may just have to be very careful about handsome visitors. They may be mistaken for a wild boar. In the movie, MINSAN MAY ISANG GAMUGAMU ( Once There Was a Wasp ), Nora Aunor made a classic statement, in anger and rage, " My brother is not a pig". Well, if we are being treated as one, we signed a treaty allowing that. And so, should we just grin and bear it ? It's more fun in the Philippines.