PEOPLE VS

PEMBERTON

FACTS

On October 11, 2014, Laude, 26, met a "white foreigner" at

Ambyanz Disco on Magsaysay Drive in Olongapo City
while having a drink with her friend, Mark Clarence Gelviro
a.k.a. Barbie.

 Laude agreed to go to a motel with the foreigner she just

met at around 10 p.m. and the two headed to Celzone

Lodge in Olongapo City. Barbie also tagged along.

 While Barbie was in another room with a different

companion, Laude and her American acquaintance stayed

in Room 1.

 Later that night, Laude was found dead naked with her

head submerged in the motel room's toilet.

The man who allegedly left her in that state was
Pemberton, a member of the U.S. Marine Corps 2nd
Battalion-9th Marines of the West Pacific Express.

Issue

Whether or not Philippine courts can acquire jurisdiction over the

case not withstanding that the accused is an American Marine

Ruling

Yes.
The primary effect of the Agreement is that it allows the

U.S. government to retain jurisdiction over U.S. military

personnel accused of committing crimes in the
Philippines, unless the crimes are of
"particular" importance to the Philippines. This means that
for crimes without this significance, the U.S. can refuse to
detain or arrest accused personnel, or may instead
prosecute them under U.S. jurisdiction.
Under the Visiting Forces Agreement, the local courts
have one year to complete any legal proceedings

 Pemberton was initially charged with murder, a crime that

is with particular significance to the Philippines having

been committed within our territorial jurisdiction.
Hence, by virtue of the VFA, Philippine courts may acquire
jurisdiction over the case and the accused may be tried in
the Philippines, subject to the promulgated rules of the
VFA such as the 1 year limitation on the completion of its
legal proceeding.