Protesters, mostly supporters of LGBT (Lesbians, Gays, Bisexuals and Transgenders), hold a lit candle and display messages to demand justice in the killing of a Filipino transgender Jeffrey 鈥淛ennifer鈥� Laude, with a U.S. Marine as a possible suspect Tuesday, Oct. 14, 2014 in Manila, Philippines. AP
MANILA, Philippines 鈥� The US Marine tagged in the slaying of a 26-year-old transgender in Olongapo City should be听turned听over听to听Philippine authorities and听detained听in a local facility, Senator Miriam Defensor-Santiago said on Wednesday.
Santiago, who chairs the听committee on foreign relations, pointed out that听under the Visiting Forces Agreement between the听United States听and听the听Philippines, the Philippines has automatic jurisdiction over a suspect in a crime committed within its听territory, once he or she has been identified.
In听the听case听of Jeffrey 鈥淛ennifer鈥� Laude, who was听killed over the weekend, a witness allegedly听identified the suspect as Private First Class Joseph Scott Pemberton, a US Marine of the 2nd Battalion 9th Marines assigned at West Pace Express.
Under the听VFA, Santiago said, the听Philippines听should immediately acquire jurisdiction听over Pemberton although she pointed out that under the same agreement,听the听US听could听immediately听get custody of the suspect听by making a request.
鈥淰FA has a provision that even if jurisdiction听belongs to the听Philippines,听if the US makes a request, just a request听not even a supported request鈥utomatically jurisdiction must听be turned over to the听US鈥︹�� the senator said during a press conference.
While the same provision听provides听that the听Philippines may also request听to retain听jurisdiction听over the suspect,听Santiago said, the听request听would not be granted immediately as the US听would only give听a so-called 鈥渇ull account鈥� of the circumstances.
鈥淲hat鈥檚 the meaning of full account and circumstances?听Nobody knows,鈥� she said.
鈥淏ut I will insist that under the听terms of the VFA itself properly negotiated between the two parties involved, automatically we acquire jurisdiction so kung hawak man nila yung (suspect), i-turn over听nila sa NBI and detention should be in our Philippine detention facility,鈥� said the senator.
Santiago also renewed her call to abrogate the VFA,听citing听among other things, the听vagueness of听many of its听terms.
鈥淲hat is visiting? How long is a visitor ? How long is the visit? What is this,听a visit in galactic听term?鈥澨齭he asked.
鈥淭hen this visiting forces? Who are the forces? And then听what鈥檚 the meaning of temporary? What鈥檚 the meaning of visit..?
鈥淲e鈥檙e always on the wrong side of the law鈥nd for me this is an opportunity to renew my call听to abrogate the VFA鈥︹�� she听said.
To听terminate the听VFA ,听Santiago said the Philippines should only need to听give听the US a one-year听notice.
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