At least two senators – Sen. Miriam Defensor-Santiago and Sen. Francis
“Chiz” Escudero –yesterday called separately for a review of the
country’s Visiting Forces Agreement (VFA) with the United States
following the killing of 26-year-old Filipino transgender Jeffrey
“Jennifer” Laude allegedly by a US Marine in Olongapo City last weekend.
Santiago, chair of the Senate Foreign Relations committee, said she
will conduct an inquiry into the case on Oct. 22, two days after the
Senate resumes its sessions next week.
The senator said the timing of the alleged crime is horrendous,
because it came just after the joint military exercises between the two
countries, and just before American and Filipino military leaders met
last Tuesday for discussions on the new Enhanced Defense Cooperation
Agreement (EDCA).
She also acknowledged that a review of the VFA may not be easy at
this time for the Philippines, which is currently locked in a
territorial dispute with China.
Santiago warned the Aquino administration that it has to brace for
tough negotiations with US officials on the matter especially if it
wants to insist on automatic jurisdiction of criminal cases that happen
in the Philippines, which she said is stipulated under the bilateral
treaty.
“Our problem actually is this: The Philippines is one of the weakest
militaries in Southeast Asia, and China is making growling noises. That
is the real core of this problem,” Santiago said in an interview after
her speech at the Women’s Celebration of Life and Faith at the
Philippine Christian University in Manila.
“President (Benigno) Aquino (III) will have an extremely tough time,
that I hesitate to pass judgment on him at this time. It’s very easy to
say we’ll uphold Philippine sovereignty and raise the Philippine flag,
but the thing is we have nothing to defend ourselves with should China
ever make a move beyond what it has done so far to claim the West
Philippine Sea,” Santiago said.
“What if China attacks us or it makes an overt move, instead of just
landing on certain rocks there or constructing something that they claim
to be temporary. Supposed they go beyond that? What are we going to do
if they make an enemy of the US at this time? That’s why I’m bewailing
that this is the wrong time for this accident to happen,” she pointed
out.
For his part, Escudero said there is an urgent need for the
Legislative Oversight Committee on the Visiting Forces Agreement (LOVFA)
to convene and revisit the agreement.
Escudero, chairman of the Senate finance committee, said police and
prosecutors involved in the Laude’s case should act swiftly as the LOVFA
states that there should be a court decision in one year from the time
the case is filed.
The LOVFA is chaired by Santiago and the vice chairman is Sen.
Antonio “Sonny” Trillanes IV, who is chairman of the Senate national
defense committee. The seven committee members come from the House of
Representatives.
Harry Roque, an expert in international law, warned that failure by a
Philippine court to make a decision on the case of the suspect, Joseph
Pemberton, a US Marine, in a one-year trial period means that the
accused (Pemberton) can go home back to the US.
Sen. Loren Legarda, vice chairman of the Senate national defense
committee, wants the Philippine government to give justice to the family
of Laude and do all it can to convict whoever killed Laude.
She also expressed optimism that the US government would give its full cooperation to resolve the Laude case.
The family of Laude demanded for a speedy resolution of the case as they wanted Pemberton tried before a Philippine court.
Escudero said this is an opportunity for the committee to hear his
calls for an in-depth study on a LOVFA, particularly on a provision that
the US government can have custody of any member of the US military
involved in joint Philippine-US military exercises who would be linked
to a crime committed in the Philippines.
Malacañang said yesterday the government has no plan to scrap the
Enhanced Defense Cooperation Agreement (EDCA) with the United States
despite the Olongapo killing.
Presidential Spokesman Edwin Lacierda affirmed that the government
would still pursue EDCA which, he said, seeks to enhance the country’s
defense capability and disaster response.
Lacierda said EDCA should be viewed separately from the Laude slay case.
The military agreement, signed during the visit of US President
Barack Obama in Manila last April, provides US greater access to
Philippine military camps. The two sides are presently discussing the
rules and regulations that will implement EDCA.
For his part, Presidential Communications Operations Secretary
Herminio Coloma Jr. also assured that the government will continue to
uphold and protect the national interest in all matters related to EDCA.
“As we know, there is a question that has been raised before the
Supreme Court on the constitutionality of the EDCA. And as you know
also, for the EDCA to be fully effective, there will have to be specific
implementing rules and regulations, and that is still an ongoing
process. The drafting of such implementing rules is still an ongoing
process,” Coloma said.
Meanwhile, Gabriela party-list Rep. Emmi de Jesus yesterday demanded a
more “patriotic” stance from the Aquino administration regarding
Laude’s death.
De Jesus said she was enraged at the “weak” explanation given by
Department of Foreign Affairs (DFA) Spokesperson Charles Jose to the
family of the victim in Olongapo City as to how the VFA applies in the
case.
According to De Jesus, Jose told the grieving family that the
Philippine-US pact is silent on the Philippines having the right to take
custody of accused US servicemen.
