Goldberg: US abiding by VFA

MANILA, Philippines - By keeping Marine Private First Class Joseph Scott Pemberton under its custody, the United States is strictly following the Visiting Forces Agreement (VFA), according to US Ambassador Philip Goldberg.

“The Visiting Forces Agreement refers to the issue of custody and says that the US can retain custody through the judicial process,” Goldberg said in an interview on GMA’s “Unang Hirit” program yesterday.

“That’s what we have done, and the reason we do this is not for the sake of just having custody. There are rights of service members,” Goldberg said.

He said the VFA is designed to “make sure that there is protection for service members” involved in infractions.

“There are legal obligations that the US government and the US military have to a suspect in a case where someone is accused of criminal activity, or will be accused perhaps because we’re not even at that stage yet,” he said. Pemberton has not been indicted yet for the death of 26-year-old Jeffrey “Jennifer” Laude. Pemberton was a no-show at the preliminary investigation by the Olongapo City Prosecutor’s Office of the murder case against him.

Goldberg said the VFA allows cooperation between US and Philippine investigators so that suspects are identified and cases promptly solved.

The US, through its Naval Criminal Investigative Service (NCIS), is also investigating the Oct. 11 killing, which took place in a motel in Olongapo.

“So people need to understand that the VFA has a purpose,” Goldberg said. “That’s what we negotiated. It’s an agreement that two sovereign countries negotiated, it was approved by the Philippine Senate, it has been ruled as, I understand, constitutional by the Supreme Court so we have an agreement.”

He pointed out that there are certain provisions in the VFA that give the Philippines jurisdiction over cases.

“And that’s what we need to go forward and see that justice system proceeds, so I think that what it does and what the VFA does is allow us to make sure that the rule of law is followed,” he added.

Asked if the US would immediately turn over Pemberton to local authorities in the event of the issuance of a warrant for his arrest, Goldberg said: “As I said we’ll follow the Visiting Forces Agreement.”

Under the VFA, the Philippine government has jurisdiction over the case but the US can take custody of the American soldier. Manila is allowed to request for custody of a suspect, but the US can always turn down such request.

The murder of Laude has sparked renewed calls for the abrogation of the VFA.

Lack of faith

The Pemberton custody issue has shown the US’ shaky security commitments and lack of faith in the Philippines’ justice system, former senator Joker Arroyo said.

“Since the US does not have faith in the Philippines’ justice system, how can Filipinos be expected to have faith in America’s security commitments?” Arroyo said.

“That is the simple issue highlighted by the Pemberton case and similar cases in the past. The Philippines has had half a dozen defense and security arrangements with the US since 1951. The country is divided as to its wisdom and necessity,” he said.

“Predictably, the US immediately protects the US servicemen. If the US cannot even protect Filipino women from US servicemen, how can Filipinos rely on the US to live up to her commitments embodied in the treaties or agreements they have with us,” Arroyo added.

Arroyo also urged his former colleagues to consider the US response to the Pemberton case in gauging the depth of US commitment to support the Philippines in higher security-related missions.

The retired lawmaker also supported calls for a review of the VFA and the Enhanced Defense Cooperation Agreement (EDCA).

“That should be food for thought for the Senate whose members’ battle-cry is to review the VFA, but with cautionary statement not to abrogate it,” he said.

He said “the haunting question is trust, whether as allies we can trust each other.”

For Sen. Sergio Osmeña III, the issue of custody continues to haunt the nation 15 years after the ratification of the VFA. - With Marvin Sy, Christina Mendez