Bayan: Philippines should have custody of Pemberton

MANILA, Philippines - The Philippine government should have custody of United States (US) Marine Joseph Scott Pemberton in line with the murder case against him, militant group Bayan said on Wednesday.

Bayan made the statement after the Olongapo City court issued a warrant for his arrest for allegedly killing Filipino transgender Jennifer Laude.

"The US government should immediately surrender him to the proper Philippine authorities. He should be placed in a Philippine detention facility and removed from the US JUSMAG facility in Camp Aguinaldo," Bayan Secretary General Renato Reyes Jr. said. 

The US embassy in Manila insists on keeping Pemberton in its custody despite the order for his arrest. 

"The assertions made by US Ambassador Philip Goldberg exposes the lopsidedness of the VFA (Visiting Forces Agreement). The US government’s interpretation of the VFA is that under any and all circumstances, the custody of an accused US serviceman will always remain with the US for the duration of the judicial proceedings. They point to a provision in the VFA where custody of an accused US soldier "immediately resides" with the US upon request of the US. 

"The US embassy belittles a provision in the VFA where the Philippine government may seek custody of a US solider especially in extraordinary cases. The VFA requires the US to merely take note of the request of the Philippine government," Reyes added. 

Meawhile, one of the private counsels of the Laude family said the US should comply with its commitments under the VFA.

"The ball is in the hands of the US. They should honor their commitments under the VFA," lawyer Romel Bagares said.