Visiting Forces Agreement (VFA) and its repercussion

A Visiting Forces Agreement is a version of a status of forces agreement that only applies to troops temporarily in a country. The Philippines--United States Visiting Forces Agreement is a bilateral agreement between the Philippines and the United States consisting of two separate documents. The first of these documents is commonly referred to as "the VFA" or "VFA-1", and the second as "VFA-2" or the counterpart Agreement. "

A formal murder case was filed by the family of a victim and a lawyer Harry Roque. But the question is whether the alleged culprit can be prosecuted under the Philippine courts and authorities.

The US Marine tagged in the slaying of a 26-year old Transgender in Olongapo City should be turned over to the Philippine authorities and be detained in a local facility. This opinion is based on the provision under the 1999 Visiting Forces Agreement (VFA) between the United States and the Philippines,  where the Philippine government has automatic jurisdiction over a suspect in a crime committed within its territory,  once he or she has been identified.

In this case a victim was killed last October 11, 2014 and identified as Jeffrey "Jennifer" Laude, and a suspect was identified by a witness as Private First Class (PFC) Joseph Scott Pemberton, a US Marine of the 2nd Battalion 9th Marines assigned at West Pace Express. He was among the more than 4,000 US Marines and sailors that took part in the just concluded joint naval war games held in Zambales and Palawan. PFC Pemberton is currently confined on USS Peleliu amphibious assault ship in the Subic Bay free port, about 80 km northwest of Manila.

But according to Senator Miriam Santiago, a Chairwoman in the Senate Committee on Foreign Relation, "VFA has a provision that even if jurisdiction belongs to the Philippines,  if the US makes a request, just a request not even a supported request. ...automatically jurisdiction must be turned over to the US..." and she added "while the same provision provides that the Philippines may also request to retain jurisdiction over the suspect,  the request would not be granted immediately as the US would only give a so-called "full account" of the circumstances.

We are now back in the issue of whether or not VFA is necessary or if its existence gives a 'seni quanon' condition for the Philippine government while having a territorial and maritime disputes with China.

Following this event,  there are now activities ensued in Manila and in Los Angeles,  California, USA, conducted by activists demanding the handover of Pemberton to the Philippine authorities,  saying Laude was the victim of a "hate crime". That he or she did not deserve to be murdered or be killed for reason of transsexuals or even if granting he or she was a prostitute, the way it happened being brutally assaulted and drowned in the bowl of the toilet, it's reprehensible.  The aggrieved family and the Filipino people in general is asking to give justice where justice is due. And hopefully the US government would not condone this time the crime perpetrated by its soldier.

If justice for Laude is not served, what is the great repercussion of the VFA...at this moment

                              "Jennifer Laude"

the Filipinos are now talking to initiate the renegotiation of the VFA and whatever the outcome of the new agreements either an improvement or abrogation I'm sure it will be for the good of the Filipino people. We fervently pray and hope that everything gonna ends well.