Loophole

THE profound flaw within the Philippine justice system resurfaces as people criticize the government’s response to the alleged murder of transgender Jennifer Laude by an American serviceman in Olongapo City.
Military exercises under the Visiting Forces Agreement (VFA) brought US Marine Joseph Scott Pemberton, Jennifer Laude’s alleged killer, to the Philippines.
Some described the murder as a “hate crime,” a term commonly used to name misdemeanors against members of the lesbian, gay, bisexual, and transgender (LGBT) community. However, Chief Prosecutor Emilie Fe de los Santos reminded concerned parties that “the issue is the killing.”
“What is clear is that a person is dead… Let’s put an end to the issue that there is bias in gender. There’s no gender issue here. The issue is: Somebody got killed,” the prosecutor said during the preliminary investigation of the incident.
This issue brings people back to years ago, when Marine Lance Cpl. Daniel Smith was accused and convicted of raping a Filipina in the Subic Bay Freeport.
Smith was sentenced to reclusion perpetua by a Philippine Regional Trial Court but was detained in the United States Embassy in Manila. The accused, however, was released from detention after two years, when the court reversed its decision.
For some reason, two cases have Filipinos questioning the existence of VFA.
Meanwhile, Senator Miriam-Defensor Santiago, an international lawyer, finds VFA “unconstitutional.”
“The fatal flaw of the VFA is the failure to specify the period of stay of visiting forces, and the failure to define what are the ‘activities’ that they can engage in while in Philippine national territory. It calls itself a ‘visiting’ agreement, but it has been in force for some 10 years. Its flaws and failures warrant its termination,” Santiago said.
“The VFA therefore is not qualified to be valid and constitutional for the reason that it is not recognized as a treaty by the US as a contracting state on the account of its own Constitution and law,” she added.
The Department of Foreign Affairs (DFA), on Friday, Oct. 24, stands firm with its decision that it will not scrap the VFA. It said that the agreement is under scrutiny but will not undergo alteration amid the investigation in the murder of a Filipino by a US serviceman.
“We’re looking at the smooth implementation of the [agreement]. At this time, we’re not for renegotiation because if there is a material change, then we have to resubmit the whole thing… to the Senate,” Foreign Affairs Secretary Alberto del Rosario justified.
Pres. Benigno Aquino III also disagrees with calls to junk the agreement.
“Why do we need to abrogate the VFA? I mean, name me any place that doesn’t have crime. And the sin of once person should be reflective of the entire country? I don’t think so,” Aquino said during an interview.
The country may be benefiting, at some point, in the agreement, but what about its repercussions?
While the agreement is not to be blamed for the death of Jennifer Laude, the VFA review that is already underway, is obviously necessary to iron out the kinks.
(AJPress)