MANILA: The United States has rebuffed a Philippine government request to hand over custody of a US Marine charged with murdering a Filipino transgender woman, Manila said Wednesday.

The Marine, Joseph Scott Pemberton, who is being held at a US facility at the main Philippine army base, was charged with the murder of Jeffrey Laude, who was found dead on Oct. 11 in a hotel in Olongapo City, northwest of the capital.

“The United States will retain custody of Pemberton as provided by the United States-Philippine Visiting Forces Agreement (VFA),” the US Embassy said in a statement on Wednesday.

A Philippine court on Tuesday ordered the arrest of Private First Class Joseph Pemberton to stand trial for the October 11 murder that has inflamed anti-American feelings and tested close military ties.

The marine is under US military custody at a Philippine military base in Manila under a compromise arrangement, but the foreign department (ministry) sought full custody after the court issued its arrest warrant.

Manila and Washington signed the Visiting Forces Agreement in 1998, to allow US forces to hold military drills in the Philippines to test the readiness of the allies, and the pact sets legal rules on how to treat erring servicemen.

The Philippines formally sought custody of Pemberton in a letter from the foreign ministry to the US Embassy after his arrest was ordered by the Olongapo City trial court on Monday.

“There was a warrant of arrest issued by the court,” presidential spokesman Edwin Lacierda told reporters in the Philippine capital. “We have to enforce the warrant.”

In a statement, the Foreign Ministry said, “In accordance with the Visiting Forces Agreement, we look forward to the full cooperation of the US government in ensuring that justice is secured for Jeffrey Laude.”

Anti-US activists urged the government to terminate its pact with Washington after failing to enforce its sovereignty.

“We are disappointed that the US has chosen to invoke their rights under the VFA to maintain custody of the accused,” foreign department spokesman Charles Jose said, referring to a 1998 Visiting Forces Agreement between the two military allies.

He said the US embassy also reiterated a previous commitment to ensure Pemberton “complies with the requirement of any investigation or judicial proceedings in accordance with Philippine law.”

Jennifer Laude, 26, also known as Jeffrey, was found dead at a cheap hotel in the northern port city of Olongapo before dawn on Oct. 12.

Pemberton, 19 at the time, had just finished taking part in US-Philippine military exercises near Olongapo and checked into the hotel with Laude. He was the last person seen with her, police said.

US embassy spokesman Kurt Hoyer told AFP the mission plans to issue a statement on the case later.

On Tuesday an embassy statement asserted that under the Visiting Forces Agreement, “the US has a right to retain custody of a suspect from the commission of the alleged offence until the completion of all judicial proceedings.”

“We expect the US to honour its obligations...and ensure that Pfc. Pemberton is made available for all required appearances before the appropriate Philippine authorities as related to the investigation and trial” of the murder, Jose said in a statement Wednesday.