The government may waive jurisdiction over off-duty American servicemen accused of committing offenses against Filipinos during their assignment here as part of the Visiting Forces Agreement (VFA).
Foreign Affairs Secretary Domingo Siazon Jr. told the Senate yesterday that although the Philippines has primary and exclusive jurisdiction over US servicemen who commit offenses while off duty, the VFA allows for a transfer of jurisdiction to the US.
The committee on justice and human rights, chaired by Sen. Renato Cayetano, is investigating reports that three US servicemen's acquittal in a case in Cebu was a travesty of justice and the court's decision violated the rights of taxi driver Marcelo Batestil.
In his testimony before the committee, Siazon justified the government's waiver of jurisdiction over the three US Navy men who were charged in court for mauling Batestil in Cebu City last March 12.
Siazon said the government waived jurisdiction over Americans Michael Keyes, Shannon Towers, and John Earl Lowery upon request of the US.
Although signed on March 30 when the three servicemen were arraigned, the waiver was released after the charges against them had been dismissed.
However, Siazon's interpretation of the VFA's provisions was rejected by Cayetano, and Senators Aquilino Pimentel and Teofisto Guingona.
Guingona said the US cannot have concurrent jurisdiction over cases in which the Philippines has exclusive and primary jurisdiction, while Cayetano said that transfer of jurisdiction is only possible when it is concurrent and not when exclusive and primary.
"There should be no waiver of Philippine jurisdiction over offenses where it has primary and exclusive jurisdiction," Guingona said.
Pimentel, on the other hand, expressed concern over Siazon's interpretation of the VFA, saying it could be used as a precedent in future cases.
"The United States government might use the answer of Secretary Siazon to its advantage later," he said.
Cayetano and Pimentel urged Siazon to come out with a position paper on offenses where the Philippines has primary and exclusive jurisdiction, and those where jurisdiction is concurrent between the US and the Philippines.
Cayetano and Pimentel noted the US servicemen were acquitted because of Batestil's lack of interest to prosecute the case and not due to the government's waiver of jurisdiction.
Cebu City Prosecutor Primo Miro told the Senate that he was not informed of the waiver of jurisdiction and that a witness, Rodrigo Bandiala, was not presented to him by Batestil's lawyer.
It was Batestil who asked for the dismissal of charges against the Americans after they had made a public apology, he added.
Lawyer Robert San Andres of the Commission on Human Rights said the commission was studying the possibility that the dismissal of the charges against the Americans was a violation of Batestil's human rights.
The US servicemen were charged with public crimes and the case could not be dismissed through the victim's mere desistance, he added. --