21 October 2014 Last updated at 18:15 
The lawyer for Pte First Class Joseph Pemberton said his presence at the preliminary hearing was not required. The case will now resume next week.
He has been named as the suspect in the death of Jeffrey Laude, found dead in a hotel bathroom on 12 October.
The victim’s family expressed concern the suspect will evade justice and called on the US to take action.
“We hope the Americans will bring him out. They’re coddling a worthless man,” the victim’s mother, Julita Laude, told reporters.
Police in the northern port city of Olongapo have said Pte Pemberton was the last person seen with Laude – a transgender woman also known as Jennifer – before she was found strangled.
Mourners paid tribute to victim Jeffrey Laude, found dead in a hotel bathroom on 12 October 
Julita Laude has called on the US to produce the suspect in her child’s death After Tuesday’s hearing, Rowena Garcia Flores, Pte Pemberton’s lawyer, told Filipino officials her client was still studying the complaint against him and he was not required to appear at the hearing.
But Fe de los Santos, chief prosecutor in the case, argued the soldier was ordered to attend and has demanded he appear at the next hearing on 27 October.
“The attendance of the Marine will serve as a very good assessment of the willingness of the US government to comply with the provisions of the Visiting Forces Agreement,” he said.
There was a small anti-US protest following the death and the case has already prompted remarks at the highest levels of both governments.
Philippine President Benigno Aquino said on Monday the crime should not sour ties with the US.
And Secretary of State John Kerry said Washington seeks no “special privilege” for the suspect but only protection of his rights.
The soldier was detained aboard the carrier USS Peleliu off the Filipino coast. The US can retain custody of soldiers wanted for crimes in the Philippines under the Visiting Forces Agreement.
Several US warships were ordered to remain in the Philippines while the investigation continued.
The American navy vessels and around 3,000 marines had just completed a military exercise with the Philippines.
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US soldier missing at murder hearing
