Gov't waives jurisdiction over 3 US sailors

They're not completely off the hook yet.

The three American sailors who mauled a Filipino taxi driver in Cebu last month could still be prosecuted by the United States Armed Forces even after charges against them had been dropped by their victim.

The Department of Foreign Affairs (DFA) also announced yesterday that the Philippine government has waived its jurisdiction over the case to US authorities.

A DFA statement noted that under the RP-US Visiting Forces Agreement (VFA), the Philippines, upon request of the US, can waive its primary right to exercise jurisdiction except in cases of "particular importance" to it.

The waiver, the department said, is meant to allow the US government to have a hand in prosecuting its own people.

Petty Officers 3 Michael Keyes, Shannon Towers and fireman Johnny Earl Lowerly Jr., all servicemen of the USS Blue Ridge, were accused of mauling taxi driver Marcelo Batestil in Cebu City last March 12.

They were allowed to leave for the US by a local judge on condition that they would return to face trial. They returned Wednesday for their scheduled arraignment.

Batestil, in his complaint, claimed that the three Americans refused to pay him P900 for his services and even beat him up. He, however, forgave the three during trial Thursday and withdrew the charges he filed against them after the sailors issued a public apology to him and the Filipino people.

Batestil even declined to accept the $5,000 settlement money offered by the sailors and instead asked the Americans to donate it to a foundation for beatified Filipino martyr Pedro Calungsod.

US officials assured, though, that the three would be punished accordingly under American laws.

Batestil's plight has become a test case for the VFA, a treaty that grants protection to American soldiers deployed in the Philippines.

Elmer Cato, spokesman for the VFA presidential commission, said the case "goes to prove that the VFA works."