The Philippines will put a U.S. Marine on trial for killing Jennifer Laude, a transgender Filipina, outside a former U.S. Navy base.

Prosecutors have yet to decide whether to charge the Marine, Pfc. Joseph Scott Pemberton, with murder or the lesser crime of homicide. He failed to answer a murder complaint filed by police on Monday, the deadline set by prosecutors, leaving it to the prosecution to determine what charge he faces.

Pemberton skipped the prosecutor's preliminary investigation in Olongapo City, north of Manila, but his lawyer, Rowena Garcia-Flores, said that any planned murder charge should be reduced to homicide, or killing without intent.

"Do not teach us what to do," Olongapo chief prosecutor Emelie Fe delos Santos told Garcia-Flores in a conversation broadcast live on TV. "We will base our resolution on the evidence that we've gathered. We should respect the process."

Delos Santos said prosecutors would inspect the crime scene on Nov. 5 before deciding whether a murder or homicide charge will be brought.

Laude was found dead on Oct. 11 in a hotel bathroom in Olongapo City. Pemberton, who met her outside a bar near the naval base, was named a suspect.

He is being detained at a U.S. facility at the main Philippine army base in Manila, along with three other individuals identified as potential witnesses.

The crime has added to pressure on the government of President Benigno Aquino to renegotiate the U.S.-Philippine Visiting Forces Agreement (VFA), testing the two allies' security relations as they face growing tensions in the South China Sea.

"The VFA allows the U.S. military to act in wanton disregard for Philippine sovereignty … and violates the human rights and dignity of the Filipino people," said Filipino Rep. Walden Bello of the Akbayan Party, an ally of the president.

Bello on Monday filed a joint resolution in the Philippine House of Representatives, seeking to terminate the treaty because it "has not served the interests of the Philippines."

The U.S. military has said it is fully cooperating with local investigators.

"I know the matter has the potential to charge the atmosphere with regards to the relationship between us and the Philippine government, and I hope it doesn't damage it because we have a very close relationship," Marine Corps Commandant James Amos told Reuters from Washington.

Reuters