We have evidence to prove murder vs Pemberton: Laude family's lawyer

Laude camp to appeal Pemberton custody, ask permission for media coverage

MANILA - The Laude camp is ready to bring the custody issue over US Marine Joseph Scott Pemberton, the suspect in the killing of Jennifer Laude, before the Supreme Court (SC).

The US has insisted on taking custody of Pemberton under the Visiting Forces Agreement (VFA).

Atty. Virgie Suarez, one of the counsels for the Laude family, said they will also bring to the high court their appeal for permission for media coverage of the trial which has been denied by the Olongapo Regional Trial Court.

She noted it can be an argument against the VFA.

"We will elevate this matter before the Supreme Court, and also the custody issue we will elevate the matter before the Supreme Court. We, Harry [Roque] and I, believe that makes the whole VFA unconstitutional because in the way it is being implemented now," she told ANC's "Headstart" Tuesday.




Suarez, meanwhile, noted plans by Pemberton's camp to ask the Court of Appeals (CA) to downgrade his case from murder to homicide will no longer delay the case.

While the Pemberton camp can still invoke their right to plea bargaining, she insisted amicable settlement is not an option for the Laude family.

"Plea bargaining can only happen with the consent of the family. That's why yesterday the family was already saying there can never be compromise agreement, there can never be settlement. Plea bargaining can't happen without the consent of the Laude family."

Suarez is hoping the court will rule on the Laude case within the one-year deadline.

Regardless whether there is any witness, she insisted they have the evidence to prove murder.

"We do believe we have a strong case. There are many evidence," the lawyer said. "Most of the rape cases, most of the killings do not really happen in the presence of so many people. That can be seen from the forensic, from the evidence."

"For example in this case, who can possibly kill Jennifer except Pemberton? He was the only one who went in and was the only one who got out, and we have a witness who can prove...who was sitting out the door the whole time," she added. -- ANC

source: www.abs-cbnnews.com

Pemberton transfer a mutual decision - Oban

Miriam slams VIP treatment of Pemberton

MANILA - Government officials said the transfer of Private First Class Joseph Scott Pemberton to Camp Aguinaldo was mutually agreed upon by both authorities from the Philippines and the United States.

During the hearing at the Senate, Presidential Commission on the Visiting Forces Agreement (VFA) executive director Eduardo Oban said the decision "was in consultation of both the US and the Philippines, as represented by the Department of Foreign Affairs and the Department of National Defense."

Oban said he was the one who accompanied Pemberton aboard the UH-1Y helicopter owned by the US from the soldier's detention at the USS Peleliu to Camp Aguinaldo on Wednesday morning.

"We took off around 8:00 a.m. together with the legal officer of the US Navy and security personnel from the US," he said.

This, amid Foreign Affairs Secretary Albert del Rosario’s acknowledgement that custody over Pemberton "can be claimed by the US."

Assistant Foreign Affairs Secretary Eduardo de Vega of the DFA Office of Legal Affairs said: "We have always been telling them, there is no way we will allow him to be detained in the US embassy. We even invoked [Senator Miriam Defensor Santiago’s position]… it must be in sovereign Philippine territory."

Santiago agreed, and said: "I would rather die."

Oban said Pemberton will stay there until a charge is filed in court and custody is transferred to Philippine authorities.

Santiago, who presided over the hearing, asked: "Who will furnish his meals there?"

Oban answered: "The US government.”

Oban said there is also US personnel guarding Pemberton in his detention.

Asked if he can accept visits, Oban said, "Such arrangements can be discussed [by the parties]."

Senator Sonny Angara asked Del Rosario what would happen if the same scenario happens to a Filipino soldier in the US.

Del Rosario said: "The US will have custody... because of the nature of the activities entered into."

In a press release issued after, Santiago slammed the VIP treatment of Pemberton.

She said the US has "engineered a sham Philippine custody over Pemberton.”

“He arrived by helicopter, protected from accusing eyes. He is detained in an air-conditioned facility. Outside his door are American guards. Outside the facility are Philippine soldiers. The mere physical arrangement indicates that he is being guarded against his Filipino critics,” she said.

She even described the arrangement "offensive," because it shows VIP treatment accorded to Pemberton supposedly owing to the US desire to quell howls for Philippine custody over the marine.

Earlier in the hearing, Santiago insisted that the Philippines should take immediate custody of the suspect upon commission of the crime since it happened in Philippine soil.

She had also called for the scrapping of the VFA, saying it was heavily tilted towards the US.

During the hearing, Santiago also wondered if there were guidelines drafted on the matter of custody.

She said the VFA has "iniquitous" language.

source: www.abs-cbnnews.com

PH, US widen talks for military deal

- Security allies expand scope of military cooperation talks

- Aim is to ease path for U.S. funding to build facilities

- U.S. may seek storage of gear, humanitarian relief supplies




MANILA - Washington and Manila have expanded talks on military cooperation to include possible U.S. funding to build facilities and the storage of U.S. humanitarian relief supplies, the Philippine envoy to the United States said on Tuesday.

The wider scope of the talks for joint use of civilian and military facilities signals rapidly warming security ties between the allies as the Philippines looks to the U.S. administration to help counter a newly assertive China.

The Philippines has ruled out granting permanent basing rights to Washington, Ambassador Jose Cuisia said, but it would give U.S. warplanes and warships wider access to Philippine bases on a temporary and rotational basis, helping the Asian nation improve its minimum defence capability.

The increasing rotational presence of U.S. forces in the country is covered by the 1998 Visiting Forces Agreement, but a new arrangement would be needed if Washington built facilities to support its temporary deployment to the Philippines.

"We need to expand (the 1998 pact) further because we may have to build some additional facilities," Cuisia told reporters in the Philippine capital.

The two countries have been in talks since 2011 for "joint use" of civilian and military facilities in the former U.S. colony.

The informal talks had reached ministerial level, Cuisia said, with both sides hoping for a deal before President Benigno Aquino steps down from office in June 2016.

"There has to be some agreement to support it. Especially if they spend money, there will have to be some agreement."

Cuisia said a new pact might involve a U.S. request for the storage of equipment and supplies in the Philippines to prepare for humanitarian aid and disaster relief efforts.

That would reduce delays in bringing in equipment from elsewhere, such as bases in Guam and Honolulu, he said.

"Then whenever it's needed it's so much easier to use that equipment because it's already here."

But funding construction activities could be a problem for the United States following huge cuts in its defense spending, Cuisia said.

Last month, the Philippine military told Reuters about plans to revive air and naval bases at Subic Bay, a former U.S. Navy facility that American forces could use to counter China's creeping presence in the disputed South China Sea.

Military and diplomatic sources familiar with security talks between the allies told Reuters Washington had identified fewer than a dozen civilian and military facilities to which it wanted greater access, most of them facing the South China Sea.

In some civilian locations, the military would need to build facilities for security and storage of supplies, spares and equipment. These facilities could later be offered for joint use with the United States.

Last December, the two nations also started informal talks on the pre-positioning of materials and gear, including that to be withdrawn from Iraq and Afghanistan as some U.S. forces return home, an air force colonel familiar with the talks said.

"The U.S. military would like to keep tonnes of humanitarian equipment, like tents, generators and shelter materials here," he told Reuters, adding that the latest two-way exercises on disaster response focused on this type of operation. (Reporting by Manuel Mogato; Editing by Clarence Fernandez)

source: www.abs-cbnnews.com

Tubbataha incident 'embarrassing,' says ex-US envoy

MANILA – Former President Fidel V. Ramos said he finds it difficult to believe the US Navy's explanation about the USS Guardian running aground in the protected reef of Tubbataha.

“That’s a very poor mariner’s excuse even if you were just a small boat commander, but we are talking about a fleet commander…I think he got the wrong map. Fortunately, they were not the ancient maps of you know who,” said Ramos.

The former President was among the dignitaries at the talk of former US Ambassador to the Philippines John Negroponte on US foreign policy in the second Obama administration.

Negroponte considers the incident an embarrassment to the US.

“It needs to get unstuck both in the interest of good seamanship and the interest of the environment…The captain of the vessel certainly did not do what happened on purpose. It was obviously an accident, an unfortunate and you can say embarrassing accident, but it was not a deliberate act,” he said.

The incident has sparked calls for a review of the Visiting Forces Agreement (VFA) between the United States and the Philippines.

But Negroponte doesn't see a willingness on the part of the US to reopen the VFA.

“The Visiting Forces Agreement, the good thing about it is that it provided a way in which American forces could visit but while operating entirely in full respect of Philippine sovereignty and not re-opening the issue of bases that were closed,” he said.

US-ASEAN ties

In his talk, Negroponte said he sees President Obama revitalizing even more the US alliance with Southeast Asia.

Negroponte said the President is more familiar with Asia than any part of the world.

“The President has now become accustomed to meeting annually with ASEAN leaders, I think that’s a good thing. Secretary Clinton has been coming to the regional forum every year. So those diplomatic exchanges need to be built upon, fortified and deepened,” he said.

Negroponte also referred to the rise of Asia as the political center of gravity in the world, with the Philippines benefiting from its overall economic growth.

“I think one thing that seems to be happening is that Southeast Asia is doing better.  There’s a lot of good things happening in this part of the world and I think the Philippines is benefitting from that. Also, I think our economy is poised to improve somewhat,” said Negroponte.

On China's territorial aggression and continued presence in Scarborough Shoal, Negroponte said the US hopes the conflict will be settled peacefully, but acknowledges a solution seems elusive.

President Obama's inaugural address pledged climate change goals.

Negroponte said the renewed focus on climate change is an opportunity for the US to engage china in a positive way.

Negroponte is in the Philippines for the second board meeting of the newly established US-Philippines Society, whose mission is to raise profile of the Philippines in America. -- ANC

source: abs-cbnnews.com

US Navy will answer for damage to Tubbataha - VFACOM

MANILA - The Presidential Commission on the Visiting Forces Agreement (VFACOM) said the Philippine government will demand an explanation from the US government and hold those responsible for the damage done to the Tubbataha Reef due to the grounding of a minesweeper in the World Heritage Site.

"[Sinasabi ng] VFA na sila ay dapat sumunod sa ating batas. So ito nga ang epekto ng VFA - sila ay dapat sumunod sa ating batas. Sila ay ating pinananagot," VFACOM Executive Director Edilberto Adan told ABS-CBN's "Umagang Kay Ganda."

"They assured us they are cooperating with any action we will take. We are asserting our sovereignty here to make sure that accountability is established at kung ano man ang dapat panagutan, haharapin nila yan."

He denied crew members of the US Navy ship that ran aground beginning Thursday have been released. He said the rescued crew members were taken aboard another US ship but have remained in the country as investigations continue.

"Hindi accurate ang statement na iyon. Sila ay inilapat lamang sa mga rescue vessels na dumating dahil nga iyung ship ay floundering. Nandoon pa rin sila sa US ships na dumating," he said.

Adan was reacting to the claim of Clemente Bautista, Kalikasan People's Network for the Environment national coordinator, that the crew members have left the area without being probed.

The USS Guardian had come from a port call in Subic Bay and was on its way to Indonesia when it ran aground the Tubbataha Reef early morning Thursday. At least 10 meters of the coral reef have been damaged.

The US Navy blamed a faulty navigation chart data that may have misplaced the location of Tubbataha Reef for the grounding.

Lame

Bautista described the US Navy's explanation about the incident as "lame", citing the warship's supposed advanced capabilities.

"Ang USS Guardian ay kilala bilang isang may mahusay na navigation equipment at nakakapagtaka ay papuntang Indonesia ito. Eh pataas ang direction nila, hindi pababa," he said.

Militant group Kadamay also raised fears of a possible "cover-up" into the incident, citing the close ties between the US and the Philippines.

"Malacanang's preferred silence only leads us to believe of a highly possible cover-up in the investigation, and considering the overwhelming puppetry and subservience of the Aquino administration to the US government, and the latter's deeply-entrenched influence on the Philippine politics," Kadamay said in a statement.

Extrication underway

According to Adan, US and Philippine teams were already in the area to extricate the warship and prevent further damage to the corals at the UNESCO World Heritage Site.

The US Navy said that there has been no change on the ship's condition and there are no traces of an oil slick.

"Dalawa na ang salvage tugboats doon at meron isang darating na isang special purpose ship. Ang purpose nito is to control environmental damage kung sakaling may oil spill na tinatawag," he said.

Meanwhile, U.S. 7th Fleet Commander Vice Admiral Scott Swift said he "greatly regret(s) any damage this incident has caused to the Tubbataha Reef"

"We know the significance of the Tubbataha Reefs Natural Park and its importance as a World heritage Site. Its protection is vital, and we take seriously our obligations to protect and preserve the maritime environment," Swift said in a statement.

UNESCO declared the Tubbataha Reef a World Heritage Site in 1993. It covers 130,028 hectares and is home to thousands of marine species. – with ANC

source: abs-cbnnews.com