MANILA, Philippines—Relatives of slain Filipino transgender Jeffrey “Jennifer” Laude on Monday joined the groups calling to declare as unconstitutional the Enhanced Defense Cooperation Agreement (Edca) between the Philippines and the United States.
In a 10-page petition, Jennifer’s mother Julita and siblings Marilou and Michelle Laude told the Supreme Court that the agreement violates the Constitution because there is nothing in the agreement about the Philippines’ exercise of jurisdiction over foreign troops.
“In the patent absence of such crucial provision in Edca concerning exercise of jurisdiction by the Philippines over these foreign troops, it is customary international law on foreign troops that will apply—specifically that these sovereign immunity from any legal proceedings in the Philippines as the receiving state,” the Laudes through their counsel Harry Roque said.
This, according to Roque, is why Private First Class Joseph Scott Pemberton remains under US custody even if he is in Camp Aguinaldo.
“Such legal exercise of legal custody over Pfc. Pemberton by US authorities despite him being on Philippine territory violates Philippine sovereignty, and is, therefore, unconstitutional.
“Moreover, such unconstitutional practice will be further perpetuated by the [Edca] – previously signed by representatives of the Philippines and the United States of America – resulting in personal, material and substantial damage to herein petitioners-in-intervention (Laudes),” the petition read.
Mrs. Laude said she wants to intervene in the case against Edca before the high court so that justice may be served on Jennifer’s death. Jennifer was found dead inside a comfort room at a lodge in Olongapo City last October 11.
“Kailangan namin ang kasagutan kung bakit hanggang ngayon wala pang aksyon ang ating gobyerno. Gusto ko mapanagot yung sundalong Amerikano sa pagpatay ng anak ko. Gusto ko yun maiparating sa lahat, sa US, na sana mapanagot yung sundalong Amerikano dahil sa pinatay yung anak ko na walang kaawa-awa,” Julita Laude told reporters.
The high court is set to hold oral arguments on the legality of Edca on Tuesday.
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