
The bigger issue regarding the murder trial of U.S. Marine Joseph Pemberton which needs to be resolved without damaging the American-Philippine relations is who has the legal authority over the murder suspect. Both the United States and the Philippines are claiming that their government has the right to claim legal custody of a U.S. military personnel under criminal investigation or indictment as stated in the Visiting Forces Agreement (VFA) in 1998. If we are going to base it on a Philippine Supreme Court ruling handed down in 2009 involving another American military personnel accused of raping a Filipino woman also in Subic City, then it is the Philippine government which has legal custody of any American soldier accused of a crime if committed within Philippine jurisdiction. The United States is seeing it differently based on their own interpretation of the 1998 VFA. It is the hope of everybody that both U.S. and Philippine government officials will be able to negotiate amicably the “custody issue” without damaging the cordial relationships nurtured through the years by both countries. I hope too that they will resolve this sensitive issue before it becomes a full blown “tug-of-war” between both countries. No less than President Aquino in a statement said that the case should not “sour” the country’s relations with the United States – the Philippine’s most important diplomatic and military ally. Because of what seems to be an unabated Chinese aggression in a long-running territorial dispute with the Philippines in the South China Sea, Read More …