MANILA, Philippines – President Benigno Aquino III said that the US Marine accused of killing transgender Filipino woman Jennifer Laude is not getting any special treatment, as alleged by some groups, but even “worse treatment” or less than what is due a Filipino citizen faced with similar allegations.

Aquino made the statement in a forum with the Foreign Correspondents Association of the Philippines (FOCAP) on Wednesday, October 22, on the same day that US Private First Class Joseph Scott Pemberton was transferred from US Ship SS Peleliu to the Armed Forces headquarters in Camp Aguinaldo where he is currently detained, though remains under US custody.

Asked what he could do to address public sentiment that Pemberton is getting special treatment, Aquino said: “You’re saying ‘special treatment.’ He’s getting a special negative treatment in effect.”

The President explained: “If you were a Filipino accused of a crime, you will not be detained at this point. If you will not be charged, you will be set free. This guy is an American and he has less rights than a Filipino accused of the same crime.”

Aquino noted that Pemberton was not caught in the act of committing a crime, and that under Philippine rules, he has to go through a preliminary investigation.

The President said suggestions that the government is not doing enough to ensure that Pemberton is denied special treatment is like telling him to take extrajudicial measures and “lynch” the US serviceman.

“What else can I say? He is getting a treatment that is less than that accorded by our system to a Filipino accused of a similar crime. And then you come and tell me he’s getting a better treatment? It’s a worse treatment,” he said.

Aquino said the treatment of Pemberton so far is enough evidence to prove his case is “not being treated with kid gloves.”

The President also hailed the United States for making Pemberton available to the country’s judicial process, saying they have been nothing but cooperative in helping the government find justice.

Pemberton is tagged as the suspect in the death of Laude in Olongapo City. Pemberton is in the country under the Philippines-US Visiting Forces Agreement (VFA), which allows the rotation of US troops in the Philipines, including the entry and movement of US assets. 

Activists have raised concerns of “special treatment” for Pemberton, and cited the case of US Lance Corporal Daniel Smith. Smith was convicted of raping Filipina Suzette Nicolas, initially identified by the media as “Nicole,” in Subic a few years ago, but was released after his accuser recanted her allegation. (READ: EDCA, Olongapo murder, and the old case of Daniel Smith)

Back then, the Philippine government turned over custody of Smith to the US Embassy, where he remained while his case was pending before the Makati City court and even after the same court had convicted and sentenced him to 40 years, pending an appeal.

Article V, Paragraph 6 of the VFA states: “The custody of any United States personnel over whom the Philippines is to exercise jurisdiction shall immediately reside with the United States military authorities, if they so request.” 

Aquino also defended the treaty saying he will not abrogate it because of one incident, but gave assurances justice will be served.

“At the end of the day, the treaty serves a purpose for our country as it serves a purpose for America. You know, we are imperfect beings and this is an imperfect world. One instance of things that nobody, I believe, really wants to happen has happened. But the tragedy will be settled and that the guilty will be made to answer for the crime,” he said. – Rappler.com