The Supreme Court on Tuesday tackled two of several high profile cases lodged before it: One, it denied the petition of the family of slain transgender woman Jennifer Laude to have US Marine Lance Corporal Joseph Scott Pemberton transferred from US custody to a regular jail, and, two, rejected the appeal of a former US senator to intervene in the defense pact signed between the US and Philippine government last year.
In its en banc session, the SC justices approved the dismissal of the appeal of Laude’s sisters Marilou and Mesehilda last April seeking reversal of the order of the Olongapo Regional Trial Court Branch 74 that denied their motion to transfer the American serviceman to a jail while standing trial for murder.
The tribunal ruled that there was no grave abuse of discretion on the part of the trial court in rejecting the plea.
The SC justices sided with the RTC ruling to reject the plea based on petitioners’ failure to comply with the three-day notice rule and also cited the state prosecutor’s lack of support for the Laude family’s petition.
The SC also set aside the collateral challenge of the Laude family to the Visiting Forces Agreement, saying it is not the subject of the case.
In their petition, the Laude sisters alleged that RTC Judge Roline Jinez-Jabalde, who is hearing the murder case against Pemberton, committed grave abuse of discretion in ruling on their plea based on technicality.
In the assailed order issued on Dec. 23 last year and upheld last Feb. 18, the RTC dismissed the motion of the lawyers of Laude led by UP professor Harry Roque Jr. seeking Pemberton’s transfer from a facility at Camp Aguinaldo in Quezon City controlled by US government to the Olongapo city jail for violating the three-day notice rule.
On Gravel’s petition, the high court also denied the petition to intervene filed by former Alaska Senator Mike Gravel supporting the earlier petitions filed by former Senators Rene Saguisag and Wigberto Tañada, Bayan Muna Representatives Neri Colmenares and Carlos Zarate, and Kilusang Mayo Uno and Confederation for Unity, Recognition and Advancement seeking to declare the EDCA as unconstitutional.
SC spokesman Theodore Te said the justices based their ruling on Gravel’s admitted lack of interest and legal standing.
In his petition filed through lawyer Harry Roque Jr. last Nov. 11, he said the agreement is a treaty that needs concurrence of the Philippine Senate.
Gravel, who served as US senator from 1969 to 1981, also stressed that the agreement violated the Treaty Clause of the 1987 Philippine Constitution, saying it is “neither in the best interest of the Philippine people nor in the best interest of the American people.”
In the same resolution, the SC also took note of the Senate Resolution No. 105 expressing the sense of the Senate as to the need for Senate concurrence for the EDCA.
Under the EDCA, the US will be allowed to build structures, store as well as preposition weapons, defense supplies and materiel, station troops, civilian personnel and defense contractors, transit and station vehicles, vessels, and aircraft for a period of 10 years.
It was signed by officials of both countries hours before President Obama arrived in the country for his two-day state visit on April 28 and 29 last year.