DFA: No assurance Philippines can take custody of US Marine in Olongapo slay

MANILA, Philippines - The Department of Foreign Affairs (DFA) announced on Tuesday that it plans to ask the United States for the custody of the American soldier tagged in the killing of a transgender woman in Olongapo City.

DFA spokesperson Charles Jose said under the Visiting Forces Agreement (VFA), the custody of any American personnel shall immediately reside with US military authorities.

This is unless the Philippines asks the United States to waive custody of the personnel, Jose said, although there is no assurance that such request will be granted.

"We will request them (US authorities) to give him over to us," Jose told reporters in a televised press conference. "We will request and it is not guaranteed that they will grant it. So they may continue to have custody over the suspect."

Jose said they will make the request once the charges are filed against the American suspect.

While the US will have automatic custody of the American soldier, Jose said the Philippines will have jurisdiction over the case as stated in the VFA.

"It is clear, when it comes to criminal jurisdiction, we have jurisdiction over this case. So, the suspect will be tried under Philippine laws in Philippine court," he said.

Under the VFA, the US can also ask the Philippines to waive its right to exercise jurisdiction except in cases of "particular importance" to the Philippines.

But Jose said the Philippines would like to maintain jurisdiction over the case.

"For its various implications, it (case) is very important to us," Jose said.

Earlier, the Philippine National Police identified the American soldier as Private First Class Joseph Scott Pemberton of the US Marine Corps 2nd Battalion 9th Marines.

He is suspected of killing Jennifer Laude, 26, inside a motel in Olongapo City on Saturday.

The US Embassy in Manila said Pemberton is being held onboard the USS Peleliu.

Meanwhile, Malacañang is calling for a thorough investigation into the incident and vows to ensure justice for the victim.

"The VFA contains specific provisions on the legal processes to ensure that justice will prevail. The Philippine government is firmly committed to attain this objective," Communications Secretary Herminio Coloma Jr. said in a televised press briefing.