Custody of Pemberton: Did the PH govt get it wrong?

By ABS-CBNnews.com

Oct. 21, 2014

MANILA – The Department of Foreign Affairs’ statement about the custody of American forces who commit a crime in the Philippines is wrong, according to Evalyn Ursua who defended ‘Nicole’ in her rape case against a u-s soldier in 2006.

“[The DFA’s] position is weak and confuses the public,” Ursua said.

Ursua said the Philippines has jurisdiction over such cases, including custody of the suspect.

She added the Philippines does not have to wait for a warrant of arrest before insisting on custody of Private First Class Joseph Pemberton. Pemberton is accused of murdering 26-year-old transgender woman Jennifer Laude.

Harry Roque, lawyer of the Laude family, agrees that jurisdiction comes with custody.

“Let’s not confuse the fact that the formal arrest may come pursuant to an arrest warrant. But the police can detain an individual for purposes of custodial investigation up to 36 hours.”

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  • Kuya
    22 October 2014 at 6:38 pm - Reply

    Prosecutors are right but the problem is the handling of the case. They can’t even provide a decent holding room and can’t guarantee the protection of the accused. ThEy must remember that everybody has rights under the law. Act civilized to get civilized solution.

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