De Lima notes some ambiguous provisions in VFA

MANILA, Philippines—Justice Secretary Leila De Lima on Thursday admitted being baffled by “unclear provisions” in the Visiting Forces Agreement, which could only be clarified by an implementing guideline to be formulated by the Executive Department.

The agreement was signed on May 1999 upon ratification by the Philippine Senate.

However, De Lima said as of this time, VFA still has no implementing guidelines.

Justice Secretary Leila de Lima. INQUIRER FILE PHOTO

“We have been discussing the implementing guidelines of the VFA. [There are no] implementing guidelines [for] VFA, so, since there are more or less contentious issues, there may be provisions [that are unclear]. These provisions have different interpretation by the US side and the Philippine side which is why we need the guideline,” De Lima said.

The DOJ is part of the group that is studying the drafting of the guideline. With the DOJ is the VFA Commission and the Department of Foreign Affairs.

Part of the contentious provisions that bothers De Lima is the issue on custody.

Under Article 5 Section 6, “custody of any US personnel whom the Philippines is to exercise jurisdiction shall immediately reside with the United States military authorities, if they so request from the commission of the offense until the completion of all judicial proceedings.”

On Wednesday, the US government turned over Private First Class Joseph Scott Pemberton to Camp Aguinaldo, a Philippine military camp. However, the US government clarified in a statement that custody remains with the US.

De Lima explained that the Philippines still cannot acquire legal custody over Private First Class Joseph Scott Pemberton of the US Marine Corps.

Pemberton was accused of killing Filipino transgender Jeffrey “Jennifer” Laude last Oct. 11 in Olongapo City.

“The case is still under preliminary investigation so we cannot put him in prison yet just like other respondents in other cases undergoing preliminary investigation. Legal custody can be exercised once there is already a warrant issued for his arrest,” De Lima said.

But De Lima clarified that what the Executive is doing is not an amendment of the VFA but only for the drafting of the implementing guideline.

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