Philippines get early lead in Women's Archery

Amaya R. Paz of the Philippines scored 1373 after 144 arrows in the Women's individual Compound Division to take the top post after two days of competition.




After 144 arrows into the second day of competition, Cheng One San of Malaysia leads with total of 1298 pts in Men's Recurve Division of the 23rd SEA Games at Subic. Rahmat Sulistiyawan of Indonesia tailing him by one point at 1297. Philippines' Mark Javier is in the sixth place in the elimination round. Quarter Final's will be on December 2 at Remy Field.



Atheletes approaches the target to check their scores while volunteer scorers logs the values of each arrows. Photo below are the ever smiling leader-board keepers

5 of 6 US Marines deny raping Filipina in Subic

Subic Rape Case Hearing

OLONGAPO CITY -- Five US Marines on Tuesday denied raping a Filipino woman, with two of them saying they were not even present when the alleged assault happened, according to statements filed before prosecutors.

A lawyer for a sixth Marine refused to answer the complaint filed by the 22-year-old woman, saying his client could not respond to "piecemeal" submission of statements and evidence by the complainant and witnesses.

The woman claimed she was raped by the Marines, who had recently taken part in a counter-terrorism exercise in the northern Philippines, inside a van at Subic Bay free port, a former US Naval base northwest of Manila.

The driver was first considered a key witness but in television and radio interviews later he said he was punched twice by an investigator to force him to sign a statement saying the woman was gang-raped by the Marines.

"I categorically deny the allegation that I along with the other Marines in the van gang-raped [the] complainant,"

Staff Sergeant Chad Bryan Carpentier said in a sworn statement submitted by his lawyer before prosecutors investigating the case.

"No such crime occurred," he said.

The Marines, who have not been charged, did not attend the preliminary hearing in Olongapo city, where 100 left-wing protesters demanded an end to US counter-terrorism exercises in the Philippines and the scrapping of an agreement that allows American forces to train in the country.

The sixth American soldier, Daniel Smith, did not submit a counter-affidavit.

Atty. Katrina Legarda, lawyer of the Filipina, said that failure of accused Smith to submit a counter-affidavit “means he's taking the risk.”

Smith was tagged by Starex van driver Timoteo Soriano Jr. as the one who allegedly raped the woman while the other Marines purportedly chanted "Go Smith, Go!"

Smith's lawyer, Atty. Benjamin Formoso, said the non-submission of a counter-affidavit was due to their lack of knowledge on the nature of the complaint.

The Marines have been in the hands of the US Embassy since the alleged rape, and the US government hasn't said if they will be transferred to Philippine custody. With Anthony Deleon, INQ7.net contributor

VFA body airs assurance on case vs 6 US Marines

By JONAS REYES Manila Bulletin


SUBIC BAY FREEPORT — The Presidential Commission on the Visiting Forces Agreement (VFA) assured that the six US servicemen accused of raping a 22-year-old Filipina will not be given immunity and that the case will be tried by Philippine court.


Undersecretary Zosimo Paredes, VFA Commission executive director, corrected misconceptions that the VFA can grant limited or full immunity to US troops participating in the bilateral training activities in the country.

He said that the agreement does not give (full or limited) immunity to any US personnel, who are subject to the law, policies, and public morals of the Philippines.

During the first preliminary hearing on the alleged rape case last week, the six US servicemen did not appear despite the summons issued to them by the Olongapo City Prosecutor’s Office.

Paredes said, however, that the accused were not obliged to appear under the rules of the court.

"The absence of the US Marines was not intended to insult the Philippines court, and the Marines were only complying with the advice of their lawyers in accordance with the rules of country’s court," he said.

He said that if the presiding prosecutor calls for their presence at the preliminary investigation, the accused Marines have no choice but to appear at the probe.

He said, "there are no provisions in the VFA that grant immunity to US troops either from criminal or civil liability."

Paredes also said that the victim can sue for damages under the VFA, adding that the agreement allows the offended party to file an independent civil action for damages against any offending USpersonnel.

Under Philippine law, an independent civil action allows a complainant to still seek damages even though the criminal aspect of the case has resulted in an acquittal by technicality.

Conviction in a criminal case requires evidence of guilt "beyond reasonable doubt," while a civil suit may prosper after passing a less rigorous test of "preponderance of evidence."

Gilas

23rd SEA Games mascot "Gilas" is one of the many items available at Subic Trade Fair in Remy Field

1 lang ang nang-rape sa akin -- Pinay victim

(Nerlie Ledesma/Grace Velasco) ABANTE ON-LINE

OLONGAPO CITY --- Isang US serviceman at hindi anim ang umano’y gumawa ng panghahalay sa isang 22-anyos na Pinay sa loob ng isang Starex van noong gabi ng Nobyembre 1.

Ito ang nilalaman ng 3-pahinang sinumpaang-salaysay ng biktimang taga-Zamboanga City kay Special Investigator Elsie Cabral, ng SBMA-Intelligence and Investigation Office (IIO) noong hapon ng Nobyembre 2.

Batay sa nasabing salaysay, sinabi ng biktima na hindi nito gaanong matandaan ang naganap na sexual assault na ginawa sa kanya ng isang US service member na nangyari sa pagitan ng alas-10:45 ng gabi noong Undas sa may bandang Neptune Club.

Ayon sa biktima, dumating sila sa Maynila mula Zamboanga City bandang alas-9:30 ng umaga at tumuloy sila sa Subic dakong alas-6:30 ng gabi noong Oktubre 30 kasama ang kanyang dalawang kapatid na babae at dalawa pang kapatid na lalaki. Tumuloy umano sila sa isang hotel na pina-reserve sa kanila ni Chris Mills, isa ring US serviceman na mula sa USS Stockham na kanilang kaibigan.

Bandang alas-12:30 ng tanghali noong Nobyembre 1 nang magtungo sila sa Legend Casino kasama ang kaibigang US serviceman at isang Mexicano. Alas-otso ng gabi ng umalis sila sa casino at tumuloy naman sila sa Neptune Club kung saan ay mahigit isang oras silang nagtagal at habang nagsasayaw sila ni Mills sa dance floor ay doon may nakipagsayaw rin sa kanya at nagpakilala na isang Gerald o Genard na matangkad, maputi, blonde hair, katamtaman ang laki ng katawan.

Aniya, niyaya siyang lumabas mula sa naturang club subalit tumanggi ito dahil sa hinihintay nito ang kanyang kapatid subalit pinilit pa rin umano siyang lumabas ng mga ito.

"Hindi ko po matandaan kung paano nila ako nailabas. Isinakay po nila ako sa sasakyan,. Pinaghahalikan ako, hinipuan po ako sa aking maseselan na parte ng katawan. Hinubad po ang aking suot at puwersahang ginahasa. Samantalang ako’y nanlalaban at sumisigaw, naririnig ko po ang kanyang mga kasamahan na tuwang-tuwa," salaysay pa ng biktima.

Kaugnay nito, itutuloy ngayong araw ang preliminary investigation ng Olongapo City Prosecutor’s Office sa kasong rape na isinampa ng biktima laban sa mga akusadong US servicemen at driver ng Starex van na si Timoteo Soriano Jr

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Subic rape suspects file counter-affidavits

ABS CBN NEWS

Five of the six US marines accused of raping a 22-year old Filipina filed their counter-affidavits before the Olongapo City Prosecutor's Office Tuesday afternoon.

Prosecutor Prudencio Jalandoni received the sworn statements of servicemen Albert Lara, Dominic Duplantis, Chad Carpentier, Corey Burris and Keith Silkwood that were submitted by their lawyers at 2:35 p.m.

The six accused, Daniel Smith, did not submit a counter affidavit. His lawyer said he will be submitting it within 10 days.

Lawyer Katrina Legarda, who is defending the 22-year-old rape complainant, received the copies of the counter-affidavits.

Legarda pointed out that her client had to go all the way to Subic just to file her counter-affidavit. "Just for the record your honor. The complainant who is a poor woman, who does not have the resources of the American Embassy did what the prosecutor required her to do whereas the prosecutor presently is allowing [the] American Embassy [to file the counter-affidavits for the] respondents before [a] Manila [prosecutor]," she said, adding that Justice Secretary Raul Gonzalez prevented her client to file their counter-affidavits in Manila.

Lawyer Francisco Rodrigo Jr. of the defense replied: "I think there's a little jingoism here."

He said that under Rule 112 of the Rules of Court, any counter-affidavit can be subscribed to and sworn before any prosecutor or even a notary public.

The Olongapo City Prosecutor decided to hold another preliminary hearing on December 9, when suspect Timoteo Soriano is expected to file his counter-affidavit. Soriano's lawyer, Raul Paras, came late and inquired about the status of his client.

The prosecutor confirmed that Soriano is already a respondent to the case. "We consider him a suspect . He is now a respondent in this case and he is required to file his counter-affidavit," Jalandoni said.

Paras said he has not yet received a subpoena against his client.

Soriano stayed in a car outside the prosecutor's office, Paras said, adding that the suspect will turn up for the clarificatory hearing on December 9.

Jalandoni said that he is giving himself until December 9 to decide on the resolution of the case or whether it will be filed in court or dismissed.

Both parties will be given five days upon receipt of the decision to submit their memoranda to support their respective version of the incident

In an interview with ANC Tuesday afternoon, Jalandoni said he is well within the 60-day target to finish the preliminary investigation.

Prosecutors are investigating the allegations that the soldiers, who had participated in two weeks of joint military exercises, gang-raped a 22-year-old woman in a van on November 1 at Subic Free Port


===

Five of six U.S. Marines deny raping woman in Philippines

Phil Star

OLONGAPO (AP) - Five U.S. Marines on Tuesday denied raping a Filipino woman, with two of them saying they were not even present when the alleged assault happened, according to statements filed before prosecutors.

A lawyer for a sixth Marine refused to answer the complaint filed by the 22-year-old woman, saying his client could not respond to "piecemeal" submission of statements and evidence by the complainant and witnesses.

The woman claimed she was raped by the Marines, who had recently taken part in a counterterrorism exercise in the northern Philippines, inside a van at Subic Bay free port, a former U.S. Naval base northwest of Manila.

The driver was first considered a key witness but in television and radio interviews later he said he was punched twice by an investigator to force him to sign a statement saying the woman was gang-raped by the Marines.

"I categorically deny the allegation that I along with the other Marines in the van gang-raped (the) complainant," Staff Sgt. Chad Bryan Carpentier said in a sworn statement submitted by his lawyer before prosecutors investigating the case.

"No such crime occurred," he said.

The Marines, who have not been charged, did not attend the preliminary hearing in Olongapo city, west of Manila, where 100 left-wing protesters demanded an end to U.S. counterterrorism exercises in the Philippines and the scrapping of an agreement that allows American forces to train in the country.

The Marines have been in the hands of the U.S. Embassy since the alleged rape, and the U.S. government hasn't said if they will be transferred to Philippine custody

===

Petition for DNA tests on US Marines in rape case denied

By Tonette Orejas
Inquirer News Service

Prosecutor Prudencio Jalandoni has denied a motion requiring six American soldiers accused of raping a Filipina in Subic to undergo DNA tests.

Jalandoni said Tuesday that the preliminary investigation did not yet require "evidenciary matter."

Last Friday, lawyers of the victim filed a motion asking for DNA sampling and testing on the suspects "to ascertain the truth on who had carnal knowledge of the victim."

Jalandoni said he ruled on the motion because he did not want any delay in the proceedings.

The prosecutor's office is conducting its second hearing on the preliminary investigation of the rape case at 2:30 p.m., Tuesday.

PDI Central Luzon Desk

===

Washington gets RP bid for custody

Malaya.com

THE US embassy in Manila informed the Department of Foreign Affairs last Thursday that Washington has formally received the request of the Philippine government for custody of the six American servicemen suspected of raping a 22-year-old Filipina in Subic Bay Freeport last Nov. 1, a ranking DFA official said yesterday.

The official, who declined to be identified, said Manila expects a response "as soon as possible."

The Philippine government submitted the request on Nov. 16 through the embassy.

Accused Daniel Smith, Albert Lara, Keith Silkwood, Corey Barris, Chad Carpenter and Dominic Duplantis are in the custody of the embassy.

They were among the 4,000 US troops who took part in the RP-US military exercise in Central Luzon last month.

DFA Undersecretary Zosimo Paredes sought to erase a misconception that US forces participating in bilateral activities in the Philippines are immune from criminal suits under the RP-US Visiting Forces Agreement.

Paredes is executive director of the Presidential Commission on the Visiting Forces Agreement.

"On the contrary, the agreement does not give immunity – full or limited, to US personnel, but rather subject them to the laws, policies, public morals of the Philippines," he said.

The accused were not present in the preliminary investigation last Nov. 21 at the Olongapo City Hall of Justice but Paredes explained that under the rules of court they are not compelled to appear.

"The absence of the suspected US Marines was not done as an insult to the Philippine courts, but is in compliance with the advice of their own lawyers, subject to the rules of Philippine courts," he said.

He said, however, that the suspects would have to abide should the presiding prosecutor require their presence in the investigative proceedings.

Paredes said the rape case is the first VFA-related incident that went through a preliminary investigation.

"This incident is an example of the VFA which acts as a defense to protect our national interest, as well as to protect the liberties of our fellow men," he said.

"With the complaint against the six suspected US Marines now progressing in Philippine courts, it is evident that US personnel are subject to the laws of our land, and will be tried in our justice system," he said. – Marilou Jumilla

===

Van driver officially named accused in rape case

OLANGAPO CITY -- City Prosecutor Prudencio Jalandoni has officially named Timoteo Soriano, the van driver in the Subic rape case, as one of the respondents.

Jalandoni required Soriano to submit his counter affidavit during the second preliminary hearing Tuesday.

Soriano is the driver of the Starex van that was used by the US servicemen when they allegedly raped the 22-year-old Filino woman.

Lawyer Raul Paras who represented Soriano during the hearing affirmed that his client would submit the requested counter-affidavit on December 9.

Meanwhile, only five of the six marines submitted their counter-affidavits namely Keith Silkwood, Albert Lara, Dominic Duplantis, Corey Barris, and Chad Carpenter.

Daniel Smith, on the other hand, did not submit his counter-affidavit.

Smith's lawyer said they are not submitting a counter-affidavit at this time since they are invoking his client's right to be informed of the nature and consequence of the complaint filed against him.

The next preliminary hearing is scheduled on December 9. (Sunnex) Sun Star

Volunteers' Final Briefing

23rd SEA Games Archery Judge Jocelyn Acop giving final instructions to Volunteers from Olongapo City. While athletes from Thailand and Vietnam warms up at SBMA Football Field

Canoe and Kayak Teams ready for the game

Top Rank Indonesian paddlers show their form during practice this morning at Malawaan, Subic Bay


Philippines' Kayak team and Canoeing pair (foreground) practices under the watchfull eye of their coach (lady in white shown below with communication volunteers UloNgApo and CTA from Olongapo City.

The legacy of US military bases

REFLECTIONS
By Fr. Shay Cullen
Manila Times

THE Philippine media have been prominently covering the plight of a 22-year-old college graduate who has accused six US Marines of raping her on November 1 in a van inside the former US naval base at Subic Bay Olongapo City. There are, however, hundreds of Filipino women and children who are raped and sexually assaulted in the Philippines weekly, but they don’t get that kind of attention. Many have complained but their cases have been dismissed arbitrarily for “lack of evidence.” How unfair.

The special attention given the case of the woman who has accused six US Marines of gang rape stems from the legacy of the US bases here and the love-hate relationship between the US and the Philippines. That sad legacy is worth revisiting, because it is being blamed, rightly or wrongly, for the rampant sex tourism and trafficking of women and children in the country, which shame Filipinos and decent people everywhere. That no suspect in the sex-tourism trade has been prosecuted puts the Philippines on the lower tier of the US State department’s watch list of erring nations.

In all fairness, we must note that the US military has officially adopted a zero tolerance and strict prosecution toward servicemen who molest women. Still, the measures failed to deter the Subic Six, as I call them.

On November 23 the preliminary investigation of the alleged rape took place between the lawyers for the accused and the defense and the Olongapo prosecutor. The media filled the hearing room. Neither the complainant nor the six accused showed up, and a new hearing was set for November 29.

Ironically, the preliminary investigation of the Subic Six took place a day after the 13th anniversary of the departure of the last US Marine ship, the Belleau Wood, from Subic Bay on November 22, 1992. The Subic Bay naval base, along with the sex industry that had serviced the sailor for almost a hundred years, shut down. Mayor Richard Gordon (now a senator) stood on the wharf, waved good-bye and wept as Olongapo city faced economic collapse.

That historical event, which I witnessed, marked the end of a spectacularly successful 10-year campaign begun in 1982 by the Preda Charity and other organizations to end the exploitation of women and children.

This was spurred by the shocking revelations by dedicated US Navy investigators, and reported to the city officials, that children, as young as four years old, were trafficked for sexual abuse and prostitution.

The identified pimps and traffickers were never prosecuted.

Olongapo City officials denied any wrongdoing, claiming the reports were isolated incidents and exaggerated. However, the Navy records, optioned through the Freedom of Information Act, revealed grave systematic child abuse.

The alleged tolerance and silence, let alone easy access to a financial settlement, allowed a climate of impunity to grow and embolden both US servicemen and Filipino would-be abusers to sexually assault women and children. Today, private financial arrangements negotiated by police and barangay officials are common.

The campaign to remove the bases was started when thousands of throwaway Filipino-American children were left in poverty. Countless aborted babies, a drug culture and a spreading pandemic of HIV-AIDS are what Filipinos remember most (about the presence of US bases here).

I made the unthinkable proposal that all the bases in the Philippines be closed and converted to economic zones to provide work with dignity and sustainability for the Filipino people.

The eruption of Mount Pinatubo, and the common-sense of the Filipino people, doomed Clark and closed Subic Bay. Working together with many organizations, patriotic senators and church people, that goal was achieved in 1992, ending the era of US Military occupation. The economic zones are now a reality, but so is a revived sex industry, thanks to gutless and greedy politicians.

The Visiting Forces Agreement between the Philippines and the US was passed some years later, allowing US troops and ships to return for training and exercises; once again, we have sex-starved sailors roaming about, looking for women and, in some cases such as the Subic Six, trouble

Archers aim for 3 golds in meet

By clyde mariano, Manila Bulletin

Archery, a consistent medal producer in the Southeast Asian Games with a total of 62 medals, 19 golds since 1977, is banking on its veteran campaigners led by Greece Olympian Jasmin Figueroa in the 23rd edition of the 11-nation biennial meet which opens tomorrow.


Figueroa and her fellow archers that include veterans Jennifer Chan and Joan Tabanyag, will match prowess against their ASEAN counterparts determined to better the one gold and two bronzes achievement in Vietnam two years ago.

Figueroa, Tabanyag, Chan and Rochelle Cabral won the gold in women’s team event in Hanoi.

Sixteen gold medals (eight men and eight women) will be at stake in archery beginning Tuesday at Subic Bay Freeport football field inside the former US naval base.

Only in her second SEA Games stint, Figueroa, who rose to international prominence when she beat Olympic champion Natalia Valeeva in Athens last year, competes in individual and team recurve.

A gold medalist in the 1995 Chiang Mai edition, Tabanyag, from Dumaguete City, and Chan see action in individual and team compound.

Chan, the oldest in the 16 field archers at 41, is a surivor of the 1991 SEA Games where she won a silver and a bronze.

"Our target is two to three gold medals. I am confident we will do it," said long serving secretary general Ligaya Manalang yesterday assessing the chances of the Filipinos.

"Our archers will do everything to win precious medal. They will be more inspired and determined because they will be competing before the eyes of their countrymen," Manalang told Tempo.

But archery association president Lenora Fe Barwner predicted eight golds during the Senate hearing "Sana magkatutoo ang sinabi niya," said Manalang.

Archery won 19 golds, 24 silvers and 23 bronzes for a total of 62 medals since 1977 SEA Games in Kuala Lumpur, Malaysia.

Archery finest moment in the SEA Games was in 1977 in Malaysia where it won six golds, two silvers and two bronzes.

In 1991 Manila edition, archery was shutout for the gold and settled for two silvers in men’s and women’s team events and two bronzes by Michael Facundo and Jennifer Chan.

Other members of the team are Marvin Cordero, Christian Cubilla, Mark Javier, Florante Matan, Carlos Carag, Gil Gabriel, Adam Jimenez III, Earl Benjamin Yap, Rochelle Anne Cabral, Edwina de los Reyes, Katherine Annalyn Santos, Amaya Paz and Joan Tabanyag.

Aside from archery, other events to be played at Subic Bay Freeport are triathlon, sailing and canoe/kayak.

Eight countries, including the Philippines are taking part in archery. They are Thailand, Indonesia, Vietnam, Malaysia, Singapore, Myanmar and Cambodia.

Brunei, Laos and newest member East Timor have no entries

SEAG torch relay reaches Subic

By Bebot Sison Jr. The Philippine Star

SUBIC BAY FREEPORT — The SEA Games torch relay reached this former American military base Tuesday as its cross-country journey nears its end with only four days to go before the Games unfold at the Luneta Grandstand.

In a stirring affair participated in by officials of Olongapo City, the Subic Bay Metropolitan Authority (SBMA) and the local community, the symbolic flame was lit here to formally signal the start of the Games in this satellite venue.


Mayor Bong Gordon (Photo below) proudly recieved the SEA Games torch in his torch relay station at Ulo Ng Apo rotunda. Wider picture of this rotunda shown above


Eleven Filipino athletes took the symbolic torch from Olongapo City and then lit up 11 key areas in Subic, which represented the 11 countries participating in the SEA Games. The athletes were met by 11 SBMA officials and 11 investors.

Aside from the officials and investors, 11 pairs of Aeta natives from Subic and 44 children dressed in national costumes of the participating countries were present in the affair .

Coming from Olongapo City, Mayor James "Bong" Gordon passed the torch to SBMA Administrator Armand Arreza, who in turn handed it to archery gold medal hopeful Jennifer Chan.

Chan then started the torch relay, carrying the flame from the Freeport’s main gate to the next destination, where another athlete took it.

The symbolic flame passed through the other key sites until it reached the Remy Field here, where SBMA Chairman Feliciano Salonga received it.

The activity culminated when Salonga passed the torch to Athens Olympics veteran Jasmin Figueroa, who lighted the SEA Games urn after running around the SBMA Oval

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Arroyo invited to grace welcome rites in Subic today

Manila Times 11/24/2005

SUBIC: President Macapagal-Arroyo has been invited to grace the welcome rites of the 23rd Southeast Asian Games Thursday in this former American naval base, which serves as one of three satellite venues of the meet.

The President is expected to lead top sports and local officials in welcoming athletes and foreign delegates here seeing action in the events of archery, canoe/kayak, sailing and triathlon.

A lively cultural presentation will highlight the ceremony to be participated in by Aeta natives.

“We’ve invited President Arroyo to come for the welcoming ceremony. Hosting the SEA Games is a great opportunity for the people of Subic and for the Filipinos in general. Rest assured that everything will turn out fine,” Subic Bay Metropolitan Authority Administrator and CEO Armand C Arreza said.

The President’s husband, Jose Miguel “Mike” Arroyo, accepted the invitation in behalf of the President when the country’s Godfather visited the athletes’ camp in the country’s premier free port recently.

“We extend our appreciation with the support the First Gentleman is giving to our athletes,” Arreza said.

Some 250 performing artists will showcase the different Philippine cultural heritage with the presentation of a production number by the Aetas from Central Luzon, the Igorots of Northern Luzon, a Bulacan rural dance and a especially choreographed ethnic-inspired grand finale centering on the SEAG theme “One heritage, One South East Asia.”

The former movie personality, Kenneth Peralta, chair of the Subic organizing committee venue management, said preparations for the presentation has long been in place.

Hostilities formally start Saturday with preliminaries in the sailing event to be held at the Subic Bay Yacht Club.

Archery competitions won’t start until November 28 while the first gold medal at stake will be disputed in triathlon.

Earlier, a huge crowd welcomed the 23rd Southeast Asian Games torch relay here, one of three satellite venues where part of the 40 sports events will be played.

The symbolic flame came all the way from Dinalupihan, Bataan, and was met by officials of the Subic Bay Metropolitan Authority and Philippine SEA Games Organizing Committee in this former American naval base.

Some 20, 000 people were present when the SEA Games torch arrived, with the different local governments carrying the symbolic flame.

Mayor Joel Jaime Payumo, along with SBMA tourism head Kenneth Peralta, received the torch from the LGUs, which were accompanied by the Kabalikat rescue team composed of motorcyclist enthusiasts.

Payumo passed the flame to Tipo town captain Alejandro Ubungin, who in turn, gave it to Mayor James “Bong” Gordon upon reaching the city of Olongapo.

The younger brother of Sen. Dick Gordon turned it over to SBMA CEO and Administrator Armand Arreza then to Chair Feliciano Salonga, who then presided the lightning of the torch at the Remy Field

2 gas station workers burned to death

CASTILLEJOS, Zambales - A joke proved to be fatal for two gasoline employees who were burned to death when a gasoline station went ablaze yesterday afternoon some few meters from the municipal building of this town.

Police Super-intendent Jerry Sumbad, chief of police, identified the two victims as Gener Inez, a gasoline boy and a resident of Barangay Nagbunga, San Marcelino, and Isabelita Ferrerra, a gasoline cashier and a resident of Barangay Burgos, San Antonio, this province.

Reports gathered that two gasoline boys were joking with each other when one of them, identified as Benedict Manzano, used a cigarette lighter to ignite the liquid inside the pale he was holding to test if it was gasoline.

Suddenly, the liquid, which turned out to be gasoline, went ablaze. Manzano tried to take the burning pale far from the gasoline station but failed. He dropped the pale due to the flame. This started the fire in the station. Several firetrucks came to extinguish the fire and save several buildings nearby.

Police are now hunting Manzano.

2005 Volunteers' Day photos

Sen. Richard Gordon, Mayor Bong Gordon, SBMA Chairman Salonga and Administrator Arreza led this year's volunteers' day rites

Original SBMA flag raised beside the National Flag during the ceremony

For more photos, follow this link:
http://articlesphotos.blogspot.com/2005/11/2005-volunteers-day-photos.html

Subic rape complainant not backing out--lawyer

One of the lawyers for a 22-year-old Filipina who accused six US marines of rape said Friday her client is not changing her testimony.

Maria Sheila Bazar told ANC that she has no knowledge of any plan for the rape complainant to withdraw or recant the rape charges she filed against the servicemen.

Sen. Miriam Defensor Santiago revealed that the complainant is planning to change her testimony from having been raped to only having been molested.

Santiago said she got the information after a closed door meeting with Justice Secretary Raul Gonzalez, Defense Secretary Avelino Cruz and Foreign Affairs Secretary Alberto Romulo over the Visiting Forces Agreement issues.

When asked if statements about the recantation of the complainant are purely speculation, Bazar said: "Yes, very much. Because a second statement does not exist. There is one statement, there is one sworn complaint-affidavit right now, and that's what stands. There was no recantation and there is no other affidavit that this particular complainant executed such that a charge for perjury may prosper."

Gonzalez, in a separate interview with ANC, said he cannot confirm the rumor out in the clear yet as there is no word from the complainant herself.

He said the alleged victim, together with a lawyer he identified only as Ambrosio, came to his office on Wednesday. They however failed to meet.

Gonzalez said the complainant, through her lawyer, is asking for a submission of a supplemental affidavit.

"Well they were the ones who asked for the submission of a supplemental. The request to submit a supplemental came from the lawyers of the supposed victim. That is their latest maneuver here. In other words they are in effect amending what was stated in the original complaint," he said.

He added he does not know the content of the supposed supplemental affidavit.

When asked by ANC if she knew about why the complainant was at Gonzalez's office this week, Bazar declined to comment.

"No, I am not at liberty to comment on that particular issue. This is something between the complainant and her lawyers and like I said earlier, should the trial court require us to reveal the circumstances surrounding this, that will be the time but not right now," she said.

As of now, she said, there is no plan of amending the charges against the six US marines.

"There has been no resolution yet by the prosecutor (on changing the charges). And that is the only time really when a consideration of what charge to file is made. And so it is pretty much premature right now especially considering the respondents have not filed their counter-affidavit in response to the complaint-affidavit filed by the complainant," she said.

Gonzalez said that if the complainant would decide to amend her complaint from charging the suspect with rape to just merely molestation, it would weaken the case.

"It would definitely weaken the case because a simple case of molestation will definitely not be rape, although it is a more serious case than an ordinary act of lasciviousness," he said.

He added: "The problem is, what really is your evidence without the complainant? This is the quandary of the prosecution at this point: how to proceed with the case where the complainant herself has changed the nature of her complaint. It would appear as if she was not telling the truth right from the beginning and that would definitely weaken the case."

Gonzalez said the complainant's desire to submit a supplementary affidavit was the same reason why the period of filing a counter-affidavit for the suspects was extended until November 29.

"Well there will be another hearing on the 29th. By that time I think the Americans would have filed their counter-affidavit because they were supposed to file them last Wednesday but because of the supposed supplemental affidavit of the complainant then they were entitled to another 10 days," he said.

He said that the Department of Justice only gave the accused until November 29 to submit their answer to the charges.

Gonzalez said that the complainant should appear in the hearing on the 29th because she has to swear on her supplemental affidavit, if she ever submits one.

Bazar meanwhile said her client cannot be compelled to appear.

"There is nothing in the rules that require her to appear because she already has executed her sworn statement and everything has been submitted to the prosecutor in relation to her complaint," she said. (ABS-CBN NEWS)

Subic proxy fights

SPYBIZ By S.A. Maguire
The Philippine Star

Insiders reported that the rivalry between the SBMA chair and administrator has allegedly extended to getting control of big income earner Freeport Service Corp., an SBMA subsidiary.

SBMA chair Feliciano Salonga, who reportedly tells people at every opportunity that he is the father of Lea Salonga, is backed by the Magsaysay clan while SBMA administrator Armand Arreza was allegedly appointed on the strength of a recommendation from Sen. Dick Gordon. FSC is 95 percent owned by the SBMA, and Salonga is claiming chairmanship of the nine-man FSC board as well as the right to appoint directors. On the other hand, Arreza has reportedly indicated that he will ask the SMBA board to appoint him as its nominee to the FSC board. Meanwhile, FSC head Gen. Jose Calimlim could not be nudged from his position because he reportedly has the nod of First Gentleman Mike Arroyo.

It looks like the fight to control FSC is more like a proxy war between the two political clans in an anticipated showdown for the 2007 elections, because the subsidiary is said to be the biggest employment "agency" in the Freeport Zone.

Annual January 2006 tour: WOW Philippines

Fellow Veterans, Military Educators and Historians:

As Military Historical Tours (MHT) expands, we are going to operate more Historical and Adventure tours and cruises to the Philippines. Consequently, we are in need of more tour leaders. If you're interested, you can go on our annual January 2006 tour at cost. The tour director will be Jim Pilkington, his assistant will be my son Jamie Wiedhahn and the host will be RADM Dan Mc Kinnon, USN (Ret). The Admiral spent several years in Subic Bay/Olongapo and has numerous friends in the RP.

The dates are 7 - 18 January 2006. You can see the tour on our web: www.miltours.com. The regular cost, per person, is $2,595. The discounted tour leaders FAM cost will be $2,095..

For more information call, John Powell, Bill Mc Culloch or Jamie Wiedhahn at 800-722-9501 or 703-212-0695.

NOTE: The RP weather is absolutely warm and beautiful in January. Be sure that your passport is current. (No Visa's required)

Sincere regards and ... Happy Thanksgiving!

Warren Wiedhahn
Colonel USMC (Ret)
President/CEO
Military Historical Tours
Alexandria, VA USA

READER'S COMMENTS

Larry: We should not blame the girl for being out at midnight in a club...that's her right. However, let's not judge the Marines either.
Larry: I an married to a Filiina. I say let's not judge them prematurely. Let the courts work. If guilty they deserve punishment. If not let them go.
Gret: The problem US Marine is the VFA conditions are all to your advantage.
Gret: Kaya andaming rape victims ang nagsa-suffer na lang in silence cuz of people like you. Makikitid ang utak. Give her a break! Please.
Gret: The woman is the victim here. She will carry the burden of what happened to her for life. She will never be the same again.
Gret: Grabe naman kayo.Ibig sabihin lahat ng nagpupunta sa bar at nagdi-dirty dancing prosti? kelan ba kayo pinanganak? Nalipasan na ata kayo ng panahon, e.
latte: dont judge! let the court judge them for what they did.
colleen: hi to all!
US MARINE: If they are guilty they should and will pay.We are not all like that.Let the court judge them.
US MARINE: If they are guilty they should and will pay.We are not all like that.Let the court judge them.
Jessica: Why not just to admit that mostly are prostitute ang mga nagtratrabaho sa subic. Are you telling us that those ladies working to that bar are clean? Are you crazy?
Mar: She likes to be popular thats why, who knows whats her thinking.
Marry: what the heck. maybe shes really wants to have a white guys but di nya nakayanan. why shes in that bar anyways at in the midle of the night pa. Shes stupid
Mar: Parents not letting there kids midnight, specially the ladies is what you called a protective parents
Mike: I would say shes a prostitute.
sweetvie: What can you say about a filipina who is in a bar at 12: midnight with someguys dancing dirty dance drinking beers. Is this what you called an innocent girl or a pimp/prostitute

Prosecutor names driver as respondent in rape case against Marines

The Philippine Star

MANILA (AP) - A prosecutor on Thursday named the driver of a van used in the alleged rape of a Filipino woman by six U.S. Marines as the seventh respondent in the case.

The woman said she was raped by the Marines, who had recently taken part in a counterterrorism exercise in the northern Philippines, inside the van at Subic Bay free port, a former U.S. naval base northwest of Manila.

The driver, who has gone into hiding, was first considered a key witness but in television and radio interviews later he said he was punched twice by an investigator to force him to sign a statement saying the woman was gang-raped by the Marines.

Prosecutor Prudencio Jalandoni said the driver made a "mockery" of the preliminary investigation by making conflicting statements before investigators and the press and failing to appear at a hearing Wednesday in Olongapo city, which has jurisdiction over crimes in the free port

===

The tangled tale of the Subic ‘rape’ victim gets untangled
BY THE WAY By Max V. Soliven, The Philippine Star

Let’s face it. Our newspaper got nakuryente by a government source who maliciously, what other word will suffice, planted the false story that the 22-year old Zamboanga girl who’s accusing the US Marines of rape was a "no-show" and that she was wavering, perhaps ready to withdraw her case.

She will definitely not withdraw. This I got yesterday from my own lawyer, Rogelio A. Vinluan of ACCRALAW, who’s the victim’s counsel, aside from Atty. Katrina Legarda (also a former lawyer of ours in the Cory libel case versus the late Louie Beltran and this Publisher). Katrina, who’s been appearing on television and in the newspapers, is representing the aggrieved victim in her capacity as head of the Child Justice League, Inc., at the request of the Department of Social Welfare and Development (DSWD) and the government itself, while Rolly Vinluan is counsel representing the Integrated Bar of the Philippines (IBP), not his law firm.

It’s definitely untrue that the victim was a no-show. Wednesday morning (Nov. 23), she went to office of Subic Prosecutor Raymond Viray accompanied by DSWD representatives, ready to sign an Affidavit against the six accused US Marines. For some strange reason, though, she was not accompanied by any of her lawyers.

In any event, Prosecutor Viray allegedly told her that there was no need to swear to another statement or sign any Affidavit, since her statement had already been entered in the earlier police inquiry. Anyway, that’s what this writer was told yesterday.

Is this true? Then why all the B.S. about her being a no-show?

What we hear from other sources is that the Department of Justice "hinted" that she ought to go directly to the office of Justice Secretary Raul Gonzalez in Manila to file her sworn statement with him – but the girl had been advised that a battery of photographers, TV cameramen and journalists, might be waiting to "ambush" her in the Justice building.

In any event, all will be clarified, hopefully, on Tuesday next week (November 29th) when a hearing will be held in the office of Olongapo City Prosecutor Prudencio Jalandoni at which the six accused US Marines will also appear to swear to and file their Counter-Affidavits. The US Embassy has pledged to bring the Marines (now in detention under American custody in Manila) to the hearing.

Incidentally, Vinluan is being assisted by a legal team composed of two lady lawyers, last year’s Bar Topnotcher January Sanchez (UP 2004) and Zoraida Andam, a former Binibining Pilipinas, also from UP.

By way of interest, the accused American Marines are being represented, as well, by a group of brilliant lawyers from several law firms, e.g. SyCip Salazar, Rabe, (King) Rodrigo, Formoso & Formoso, etc. It’s a coincidence that the alleged victim’s lawyers are all from UP Law, while those representing the US Marines happen to be from the Ateneo College of Law, i.e. Atenistas. This is surely not a UP-Ateneo fight. It’s not basketball, or sports, but a serious matter of justice.

When all is said and done, why on earth should rumors be circulated that the victim is withdrawing her case, although every step is being taken to shield her identity up to the last possible minute? (Frankly, from our Zamboanga sources, we already know her name, but we’ll wait for her and her counsels to reveal it according to their own timetable).

From those who witnessed how the woman was unceremoniously dumped from the "suspected" van, unconscious, and in humiliating fashion, she and her family appear to have reason to be angry.

What’s disquieting, on the other hand, is why, when the "victim" was brought to the James Gordon Memorial Hospital, and reported to have suffered contusions and other "evidence" of molestation, no photographs were taken of her alleged injuries and other medico-legal evidence gathered. Will the prosecution thereby have to rely on the verbal testimony of the doctors and nurses who attended to the patient who had been rushed to their hospital by concerned Subic individuals and witnesses?

Or is there evidence existing which will be sprung only during the formal inquiry?

Are squid tactics being employed in this case?

There’s too much smoke being blown in everybody’s face in this over-hyped case, too many spurious leaks being fielded, and too much melodrama injected (along with radical Leftist propaganda).

They’ll hate me for making the observation, but I’ve got to do it in all honesty. It’s too pa-cute for several of the victim’s lady lawyers to have appeared at the preliminary investigation of the alleged gang-rape all dressed in black, parang nakaluksa, possibly trying to appear like "The Women in Black". (Great shades those male Men in Black, Tommy Lee Jones and Will Smith).

Alas, those ladies, otherwise attractive only contrived to make themselves look more like the Witches of Endor.

===

Driver ng Starex suspek na sa Subic rape

Ang Pilipino STAR Ngayon

Olongapo City - Isinama na rin bilang isa sa mga suspek ang driver ng Starex van na si Timoteo Soriano Jr., mula sa pagiging pangunahing saksi sa umano’y panggagahasa ng 6 sundalong Kano sa 22-anyos na Pinay.

Kahapon ay nagpalabas ng "subpoena" ang prosecutors office laban kay Soriano at binigyan ito ng 10 araw ni Olongapo City Chief Prosecutor Prudencio Jalandoni para magsampa ng kanyang counter-affidavit dahil sa ginawang pagbaligtad nito sa kanyang unang sinumpaang pahayag.

Inutusan din ng prosekusyon si Soriano na dumalo sa susunod na preliminary investigation sa darating na Nobyembre 29.

Sinabi din ni Jalandoni, kailangan lamang linawin ni Soriano ang kanyang naging aksyon bago, habang, at matapos na maisagawa ang naganap na panggagahasa sa biktima sa loob ng Starex van na minamaneho nito noong gabi ng Nobyembre 1.

Ayon pa sa kanya, kung tutuusin ay aabot lamang ng 15 minuto para sila’y sumapit sa Alava Pier mula sa Neptune KTV bar kung saan nanggaling ang mga biktima at suspek subalit pinaikot-ikot pa umano nito ang van sa loob ng Subic kaya inabot ng halos isang oras bago pa sila nakarating sa Alava Pier na likod lamang ng naturang KTV bar. (Jeff Tombado)

===

Subic rape victim seeks DNA samples of suspects

THE private legal counsel of the 22-year-old Filipino woman allegedly raped by six US servicemen are set to file Friday before the Olongapo City Prosecutor's Office a motion to get DNA samples of the accused, even as they debunked claims of two Department of Justice (DOJ) officials who said that the victim had attempted to recant her rape complaint.

Attorney Minerva Ambrosio said the filing of the motion will show the victim's resolve in pursuing the rape charges against the six US Marines.

"We heard that the defense panel has already said they will refuse any overtures of the prosecution to get DNA samples but we believe that scientific evidence, as long as it is properly gathered and collected, is still the better evidence than mere testimonial evidence," she said.

Ambrosio said the DNA samples from the accused will be compared to the objects found at the crime scene such as the used condom and panty of the victim to determine the true identity of the suspects.

She added that the Starex van where the complainant was allegedly raped could no longer be used as evidence since investigators already released it to the owner after a mere cursory inspection instead of impounding it as required under the rules.

In dismissing reports of a recantation, the lady counsel also said they are not at all surprised that such reports will come out, especially since they are facing an opponent "backed by a superpower as the US."

"There is no retraction. We've already expected that (report) and it could be a ploy of the defense but that is not true. What's different now is that we can't get the same kind of support that we got when we faced Jalosjos," she said, referring to the case that convicted former Zamboanga congressman Romeo Jalosjos for raping a 12-year-old girl in Makati City in 1996.

While the prosecution and the defense panels were battling it out in Olongapo City, two DOJ officials in Manila said the victim and a lawyer went to the DOJ office on Tuesday supposedly to seek help in recanting her statements against the accused.

But Ambrosio said that was not what actually happened. While admitting that they indeed went to the DOJ, it was only to get another prosecutor to administer the victim's swearing in to her affidavit of complaint and not to recant.

They were told by Chief State Prosecutor Jovencito Zuño to get the advice of Justice Secretary Gonzalez but Gonzalez refused to face them. They were instead told to just subscribe to victim's affidavit before a local prosecutor in Olongapo City.

"That's exactly what we did, so on Wednesday, before the hearing, we went to the Olongapo City Prosecutor's Office. But we were told that it's no longer needed as she would be facing the fiscal later on and her affidavit is signed by her lawyer," she said.

Ambrosio said there is no certainty yet if the victim would be appearing on the next hearing on November 29. "There's no need for her to appear, unless there would be some clarificatory questions." (ECV/Sunnex) Sun Star

===

She'll sing another tune?

HECTOR LAWAS
People's Journal

THE 22-year-old Filipina, who claimed that she was gang-raped by six US Marines at the Subic Bay Freeport on November 1, allegedly wanted to recant her testimony against the US servicemen.

A ranking official of the Department of Justice said the alleged victim tried to see Justice Secretary Raul Gonzalez last Tuesday morning purportedly to submit a supplemental affidavit recanting her rape complaint.

The official, who requested anonymity, said Gonzalez turned down the request of the complainant, who was accompanied by her lawyer Minerva Ambrosio, because the justice secretary did not want to be accused of being the one who convinced the victim to withdraw her rape charges against the six US Marines.

"The truth is the victim intends to recant the rape charges. That was refused by the justice secretary because it will not reflect well on him." the source said.

The source said the victim intended to say that the last thing she knew before she passed out was that she was only kissed by the accused.

"She wants to delete the element of rape in her original complaint-affidavit. She wanted to swear about her statement on the rape portion. She was with her lawywer, Atty. Ambrosio. That portion on the element of rape, she will strike that out," the source said.

The source said Gonzalez did not allow the victim and her lawyer to enter his office, prompting them to go to Chief State Prosecutor Jovencito Zuño and State Prosecutor Lilian Alejo to make her recantation.

"They wanted the victim to subscribe a new affidavit deleting the rape element in her old affidavit," another DoJ official said.

The source added that the victim, including her lawyers Ambrosio and Katrina Legarda, did not appear before the proceedings at the Olongapo Prosecutor's office yesterday "because she (victim) does not want to face the media today (Wednesday) anymore."

The source said it is also possible that the victim had realized she could not stand the embarrassment she would suffer once the trial of her case began.

Her recantation would not mean the rape case would automatically be dropped.

"The government can still pursue the case against the six US Marines for the remaining allegations of sexual molestation, but the case will definitely be weak. The victim can be forced to testify against the accused, but it will not change anything because her recantation will definitely weaken the case against the accused" the source said

Gonzales: Hindi ko pinagbantaan si Magsaysay

Wala umanong katotohanan ang bintang na binantaan niya ang buhay ni Sen. Ramon Magsaysay Jr., pahayag ni Agriculture Undersecretary Belinda Gonzales sa panayam ng DZMM nitong Huwebes. Dagdag niya, kabulaanan din ang paratang na nais niyang gipitin si Magsaysay upang ihinto ang siyasat sa P728-milyong anomalya sa pagbili ng abonong ipamamahagi sa mga magsasaka.

ABS-CBN INTERACTIVE

DZMM: [Undersecretary] kaya po kami napatawag sa inyo ay ito daw pong si [Senator Ramon Magsaysay Jr.] ay ang terminong ginamit niya kahapon ay para bagang bina-blackmail siya pagkatapos daw pong makausap kayo. Wari bagang ang statement daw po ninyo at noong isa pang assistant secretary ay mayroon ding sabit si Senator Magsaysay sa isyu ng fertilizer scam. Pakipaliwanag nga po n'yo 'yon?

Gonzales: Actually wala po. Nag-request po kami ng meeting sa kanya kasi hindi po ba lumabas about three weeks ago na doon sa, ewan ko po, hindi ko ma-remember kung anong diaryo na mayroong mine-mention na may mga bogus foundation na ginamit doon sa P728 million.

Nabasa po namin sa diaryo, and then 'yun pong si [Assistant Secretary Joey] Montes biglang mayroong ipinakita sa akin na mayroon palang na-endorse si Senator Magsaysay na foundation, 'yung foundation na mine-mention doon sa diaryo.

Na bogus foundation?

According to the newspaper bogus 'yon.

And then noong nakita ko yon, kasi close ako kay Senator Magsaysay, nire-respeto ko po 'yon, kapag nagba-budget hearing ay natutulungan niya po kami so, malapit ako sa kanya.

So, noong nakita ko 'yung endorsement bakit hindi po 'yon, tungkol doon sa P728 'yun po 'yung nag-implement ng kanyang CIDAF 50,004 yata 'yon.

Ngayon nakita ko po 'yon ang sabi ko kay Joey, kay Assistant Secretary Montesm, sabi ko sa kanya, Joey kailangan nating sabihin kasi according to the newspaper ay bogus.

Ang sabi ko kailangan nating sabihin kay Senator Magsaysay at baka lumabas 'yan sa diaryo e magulat na lang siya e hindi niya natatandaan na nag-endorse pala sila.


And then, noon pong e di nakipag-set kami ng meeting at doon sa meeting ay wala naman po akong natandaan para mag-isip si senator na bina-blackmail namin.

Kayo po pala ang nagpakita mismo ng report at sa layunin niyo na parang nagmamalasakit pa kayo kay Senator?

Opo, talagang 'yun ang intention namin ni Joey, kasi wala pong nag-utos sa amin walang external forces na sinabi na puntahan niyo na ganito, wala.

Talagang ang iniisip namin ay siya.

Baka hindi pa alam ni Senator gusto niyong ipaalam sa kanya na mayroong ganitong kumakalat na balita?

Oho.

So, nagmamalasakit kayo hindi kayo para bagang nananakot na itigil niyo na itong imbestigasyon ninyo dahil kayo ay sabit din, hindi po ganoon?

Hindi po, hindi po, alam n'yo hindi po namin gagawin 'yon. Ewan ko lang po, pero wala po kasi akong alam doon sa P728 na hindi ko alam kung mayroong kalokohan, talagang wala po kasi ang trabaho lang ng office is mag-release ng pondo on implementation side ay hindi po namin alam, hindi ko po alam.

[Undersecretary] 'yun po bang nabanggit na foundation halimbawa itong Philippine Development and Social Foundation 'yan po ba ay bogus sa pag-iimbestiga niyo?

Alam n'yo po pina-verify po namin sa Securities and Exchange Commission (SEC) alam n'yo 'yun pong lumabas sa diaryo na mga foundation na bogus mayroon po siyang registration, naka-register po so, hindi po siya bogus.

Naka-register po 'yon 'yung mga foundation na 'yon, pina-verify ko po sa mga staff ko 'yung after na lumabas nga ito na bina-blackmail nagpa-verify po ako at sa SEC ay naka-register 'yon.

So, kahit po pala nagamit ang opisina ni Senator Magsaysay nitong foundation na ito ay wala din po palang magiging problema?

Sa tingin ko po ay wala kasi may registration.

Kasi doon sa newspaper ang nakalagay ay bogus which means wala siyang SEC registration pero noong nag-verify kami ay naka-register naman siya.

E bakit po kaya nagkaroon ng ganoong pakiramdam si Senator Magsaysay na noong ipakita niyo 'yon ay parang bina-blackmail niyo po siya?

Alam n'yo po hindi ko alam.

Nagkausap na ba kayo, sabi niyo close kayo kay Senator Magsaysay?

Tinawagan ko po siya at ini-explain ko po [sa kanya].

Hindi po sa text ha?

Hindi po. At saka 'yung isyu na death threat.

'Yun pong isang bala ka lang hindi sa inyo galing 'yon?

Alam niyo po ako ay napaka-duwag ayaw kong makakakita ng baril, ayaw ko po ng may magpapaputok sa totoo lang hindi ko gagawin 'yon.

Alam niyo po sa totoo lang ako ay simpleng tao, ako naman ay ordinaryong tao sa totoo lang at ako ay duwag.

Baka mayroong nagsamantala ng sitwasyon at 'yun nakialam na e kayo po ang napaghinalaang nagba-blackmail kay Senator Magsaysay dahil nauna nga 'yung ganoong sitwasyon 'yun pala ay nagmamalasakit lang kayo sa kanya?

Talaga pong ang intention namin ay para sabihin sa kanya baka hindi niya alam na mayroon siyang napirmahan e nakakaawa naman siya kung lalabas sa diaryo na ito si Senator Magsaysay mayroon din palang ini-endorse na ganitong foundation.

Ang sa akin, kami po ni Joey pareho kasi kami close kay Senator Magsaysay at saka ako po ay nakakalapit kay Senator Magsaysay tungkol sa mga problema sa opisina, nakakalapit po ako sa kanya nakakapagsabi ako, kaya hindi ko po talaga gagawin na i-blackmail si Senator.

[Undersecretary] Gonzales kami po ay nagpapasalamat sa oras ninyo basta hindi po kayo talaga ang nag-text sa kanya nito ito po ang nakasulat e "itigil na niyo ang pag-iimbestiga niyo kung ayaw n'yong mabura sa mundo."

Naku e kahit ako ay utusan ay hindi ko po kayang gawin 'yan, hindi po.

Ito po ang cell number 0915-9077994, hindi n'yo number ito?

Hindi po 'yon ang akin dahil ito iba ang cell phone number ko , hindi 'yan tanungin n'yo po sa secretary n'yo.

Oho, iba nga po 'yung tinawagan namin. Undersecretary pinapasaya lang namin ang umaga niyo?

Oho nga po salamat naman po, sana po naman ay ma-realize ni Senator magsaysay talagang ang iniisip lang namin ay siya kaya namin siya kinausap. Wala po kami talagang ng intention na ipatigil yung investigation.

At kung bibigyan din lang kayo ng clearance ay pupunta kayo doon?

Alam n'yo po, oho.

Gustong gusto niyong humarap sa Senado?

Actually para matigil na 'yung isyu na mayroong ginamit sa eleksyon kasi sa totoo lang hindi ko alam kung paano po gagawin 'yon.

Sana po ay maano ni Senator Magsaysay na talagang hindi ko po gagawin 'yon.

===

Magsaysay pins down Joc Joc on ‘scam’


SEN. Ramon Magsaysay Jr. yesterday said the committee on agriculture and food has enough evidence to pin down former Agriculture Undersecretary Jocelyn "Joc Joc" Bolante on the overpricing and ghost deliveries related to the DA’s Ginintuang Masaganang Ani (GMA) farm modernization program.

"We are in the process of putting this together. But si Bolante ang unang-una responsible rito. Ayon sa dumating na testimonies natin sa mga hearings, Bolante was the man in charge. He was the one who put all of this grand strategy together," Magsaysay said in a briefing after the committee’s fourth hearing on the alleged diversion of the P728-million in fertilizer fund to the campaign kitty of President Arroyo.

Magsaysay said testimonies and documentary evidence gathered by his committee have shown that the liquid fertilizers purchased and allegedly distributed to the local government units were overpriced and, in some cases, "there were even ghost deliveries."

Magsaysay said the liquid fertilizers were not the kind used by local farmers. "In short, there were no consultations done with the farmers on the fertilizers acquired or recommended," he said.

A witness, Jose Barredo Jr., said he was part of a group that Bolante allegedly "hired" to coordinate with congressmen, governors and mayors who all allegedly participated in the anomaly.

Barredo claimed he worked with a Maritess Aytona, said to be a contractor of liquid fertilizers for the DA. He said he and Aytona started working together in January 2004.

Barredo quoted Aytona as saying that DA funds were used to purchase the liquid fertilizers from Feshan Phils. Inc. based in Quezon City.

"Gumamit ang Feshan ng maraming brokers and runners para maghikayat sa mga officials ng gobyerno para gamitin ang mga pondong nilaan ng DA para pambili ng fertilizer sa Feshan," Barredo said.

Barredo said Feshan was chosen as supplier of liquid fertilizer because "may connection ito kay Usec Bolante at itong kumpanyang ito ang binigyan ng karapatan ni Usec Bolante na mag-supply nang liquid fertilizer sa mga LGU officials, congressmen at saka governors bago mag-eleksyon ng 2004."

Barredo said he and Aytona talked with several local executives, among them a Mayor Castillo of Pulilan, Bulacan, a Mayor Pagdanganan of Calumpit, Bulacan, Representatives Neneng, Nicolas Monico Fuentebella, Oscar Garin and Edgar Espinosa, Capiz Gov. Vicente Bermejo, Aklan Gov. Florencio Miraflores and Kalibo Mayor Reymar Rebaldo.

Sen. Panfilo Lacson said Bolante and First Gentleman Mike Arroyo met in Hong Kong last Sunday, where the Arroyo clan had a brief "reunion" after President Arroyo attended the APEC meeting in Busan, South Korea.

Lacson said a Rotary Club member told him the meeting took place before Bolante joined other Rotarians for dinner.

"When you meet a lot of people, mahirap itago na nakipag-meeting ka. I am also a Rotarian. I have my own sources from within the Rotary. Kaya nalaman natin na nakipag-meeting siya kay Atty. Mike Arroyo sa Hong Kong. Kung ano ang pinag-usapan nila, that’s beyond me as of now," Lacson said.

Lacson said Bolante flew to Hong Kong from the United States and left for the US again after his meeting with Mr. Arroyo.

Magsaysay said he is giving Bolante until the fifth hearing slated next year to present himself before the committee.

"We would still want to hear his side so we hope he would come in the next hearing," he said.

He said if Bolante still fails to attend "then we will decide what to do with him." – Joan Dairo, Malaya on-line

Bush appoints Fil-Am to head US advisory body

By ROY C. MABASA, MB


United States President George W. Bush has designated Filipino-American Rudy Pamintuan as chairman of the President’s Advisory Commission on Asian Americans and Pacific Islanders.


Prior to his appointment, Pamintuan served as one of 14 members of the commission who were sworn in at the White House in July, 2004.

Pamintuan, of Chicago, Illinois, is president of Sherman Consulting, Inc., a media strategy and public policy consulting firm.

"I am deeply honored that the President appointed me chairman," Pamintuan said in a statement to the National Federation of Filipino-Americans Association.

In accepting his new post, Pamintuan credited his predecessor, Betty Wu, for the latter’s tireless effort in developing and implementing the commission’s strategic vision.

He pledged to work closely with his fellow commissioners to make sure that their report would be submitted to President George Bush, as well as provide outreach and technical assistance forums to as many AAPI communities as possible across the United States.

He is active in Chicago’s philanthropic and non-profit community, a volunteer and member of various charities and civic organizations throughout the Chicago area including the Y-Me Organization, Misercorida, Maryville and Executive’s Club of Chicago.

He is also a board member of the Remy Bumppo Theater Company, the Chicago chapter of U.S. Lacrosse and serves on the Asian-American Advisory Council to Illinois Treasurer Judy Baar Topinka. He attended the prestigious Loyola University in Chicago.

The President’s Advisory Commission on Asian Americans and Pacific Islanders was established by Executive Order 13339 signed by Bush on May 13, 2004, in furtherance of his commitment to provide equal economic opportunities to some 14.5 million Asian Americans and Pacific Islanders.

The commission specifically provides the President of the United States advice on the development, monitoring, and coordination of executive branch efforts to improve the economic and community development of Asian American and Pacific Islander businesses through ensuring equal opportunity to participate in Federal programs, and public sector, private sector partnerships, and through the collection of data related to Asian American and Pacific Islander businesses.

In May 2004, President Bush appointed Eddy Robles Badrina, a son of Filipino immigrants, as Executive Director of the White House Initiative on Asian Americans and Pacific Islanders

Protests greet probe into rape allegations against U.S. Marines in Philippines

Anti-American Gabriela and Bayan held rally in front of Olongapo Hall of Justice



The Philippine Star

OLONGAPO (AP) - Women's rights activists on Wednesday picketed a government prosecutor's office southwest of Manila, where six U.S. Marines accused of raping a Filipino woman were set to answer the complaint at the start of a preliminary investigation.

The alleged assault on the 22-year-old woman at the former U.S. naval base in Subic has stirred emotions in the Philippines once an American colony and the government last week formally requested custody of the Marines.

They have been in the hands of the U.S. Embassy since the complaint was filed Nov. 1, and the U.S. government hasn't said if they will be transferred.

About two dozen members of the Gabriela women's group trooped in front of the Hall of Justice in Olongapo city, 80 kilometers southwest of Manila, armed with placards calling for the scrapping of the Visiting Forces Agreement that allows U.S. troops to train in the Philippines.

They chanted "U.S. troops out now" and "U.S. imperialists, sexual terrorists."

Also present were members of a pro-U.S. group, dressed in fatigue pants and black shirts.

They said the Marines are innocent until proven guilty.

Justice Secretary Raul Gonzales said U.S. authorities gave their commitment to present the Marines whenever needed. But it was not clear if the servicemen will attend Wednesday's proceedings or send their lawyers.

Prosecutors said they summoned the Marines, the woman and witnesses, but acknowledged they have no power to compel the Americans to personally appear.

Olongapo city prosecutor Prudencio Jalandoni said he will ask the Marines to give sworn statements in response to the rape complaint.

"We are taking every effort to ensure any and all accused shall be tried under Philippine laws and, if found guilty, will be answerable for their crimes under Philippine laws," Foreign Secretary Alberto Romulo said Monday.

The case has renewed calls, including among lawmakers, for a review of the Visiting Forces Agreement, which some officials say contains vague provisions that are biased against the Philippines.


Pro American Ely "Spike Boy" Pamatung burned the flag of Communist China


===

Lawyers for US Marines accused of rape challenge witness evidence

OLONGAPO (AFP) - Lawyers for six US Marines accused of raping a Filipina woman challenged witness evidence on Wednesday in a case seen as a litmus test for a treaty that protects American troops serving here.

At a preliminary investigation before local prosecutors, the Filipino lawyers for the six tried to raise questions about whether one of the witnesses had been coerced into linking the Marines to the alleged rape.

Although the six did not appear they had earlier filed sworn statements giving their side of the incident, US embassy spokesman Matt Lussenhop said.

He later assured the public that the accused remain in US custody in the Philippines, adding that the embassy would "cooperate closely with (local investigators) to ensure this case is handled fairly and that justice is done."

A 22-year-old Fililina woman has claimed the Americans gang-raped her in the nearby former US naval base of Subic Bay on November 1.

During the proceedings defense lawyers urged prosecutor Prudencio Jalandoni to accept as evidence tapes and transcripts of radio interviews with Timoteo Soriano, a van driver who initially said he witnesssed the rape.

The lawyers cited radio interviews in which Soriano said that Subic Bay security chief Paquito Torres coerced him into linking the Americans -- even though he had never seen the alleged rape.

Torres, who was at the proceedings, denied using coercion and then invoked his right to counsel.

The prosecutor ordered radio stations to submit copies and transcripts of the interview with Soriano detailing the alleged coercion.

Outside about 50 leftist protesters held a noisy rally, condemning the close defense relations between the United States and its former colony.

The servicemen were part of a US contingent that had just taken part in joint exercises in the former US naval base of Subic.

The case has drawn widespread media attention and some human rights advocates say it has opened up old wounds caused by past abuses.

US diplomats have refused to turn the men over to Philippine authorities and have invoked the Visiting Forces Agreement.

The treaty, forged in 1998, grants limited immunity from criminal prosecution to US troops when they are engaged in joint maneuvers in this country.

"This is a test case for the VFA. This is the first time that we are investigating US servicemen under the treaty," prosecutor Raymond Viray told AFP.

The next round of investigations is set for November 29, after which prosecutors will determine whether there is probable cause to charge the six in court.

If a case against them is established, the soldiers would be arrested, detained and tried in the Philippines. Rape is punishable by life imprisonment or death if there are aggravating circumstances.

Lawyers for one of the six US servicemen identified as Albert Lara has specifically asked to be allowed to challenge the alleged victim -- whose identity has been withheld -- face-to-face before the prosecutor.

Jalandoni said this would be resolved later.

Philippine Foreign Secretary Alberto Romulo has asked the US embassy to turn over the suspects, citing the sensitivity of the case.

===
Lawyers for the victim (women in black at right) and the accused (men in white at left) meet at the preliminary investigation of the alleged gang-rape in Olongapo City yesterday before Chief City Prosecutor Prudencio Jalandoni.


Subic rape: Victim, suspects a no-show
By Ding Cervantes and Bebot Sison Jr. The Philippine Star

The key figures in the controversial rape case involving a 22-year-old Filipina and six US servicemen were a no-show during the preliminary investigation at the Hall of Justice here yesterday.

The lawyers of the six US soldiers accused of the rape, however, took center stage by challenging the evidence presented by a witness in the case that could be seen as "a litmus test" of the Visiting Forces Agreement (VFA).

During the preliminary investigation, the lawyers of the American servicemen tried to raise questions about whether one of the witnesses had been coerced into linking the Marines to the alleged rape.

Although the six soldiers did not appear, they had earlier filed sworn statements giving their side of the incident, US Embassy Press Attaché Matthew Lussenhop said in a news conference before the preliminary investigation began.

Lussenhop declared the physical presence of the six accused "was not required by the Office of the (Olongapo) City Prosecutor, although all six remain in US custody in the Philippines."

Lussenhop said the six accused would remain in the custody of the US Embassy in Manila, adding that the mission would "cooperate closely with (local investigators) to ensure this case is handled fairly and that justice is done."

He said the six were ready to file sworn statements with the prosecutor’s office but their lawyers were not able to submit them due to the additional testimony submitted by the complainant’s lawyers.

Lussenhop led the US delegation that included US Marine Capt. Burrel Parmer, former spokesman for the recently concluded Talon Vision and Philblex joint military exercise in which the six Marines were participants.

The alleged rape victim also failed to attend the preliminary hearing but she was represented by lawyers Sheila Bazar and Raymund Escolango.

Her lawyers submitted a supplemental affidavit signed by witness Fe Castro detailing the "gruesome ordeal" suffered by the victim at the hands of the six Americans.

This surprised the defense lawyers who urged Olongapo City Prosecutor Prudencio Jalandoni to give them time to answer the supplemental affidavit.

Jalandoni gave the defense lawyers five days to submit their counter-affidavits.

Defense lawyers also urged Jalandoni to accept as evidence tapes and transcripts of radio interviews given by Timoteo Soriano, driver of the van rented by the American soldiers and in which the rape allegedly took place.

Soriano initially claimed he had witnessed the rape.

The lawyers cited radio interviews in which Soriano said that Subic Bay Metropolitan Authority (SBMA) security chief Paquito Torres had coerced him into linking the six Americans — even though he had never seen the alleged rape.

Torres, who was present in the proceedings, denied using coercion and invoked his right to counsel.

Jalandoni then ordered radio stations to submit copies and transcripts of the interview with Soriano detailing the alleged coercion.

The witnesses — Castro and Soriano — also failed to attend the preliminary hearing.

Outside of the building where the preliminary investigation was held, protesters condemned the security agreement between the US and its former colony. Answer the allegations
The accused servicemen were part of a US contingent that had just taken part in joint military exercises in the former US naval base of Subic.

The case has drawn widespread media attention and some human rights advocates say it has opened up old wounds caused by past abuses by the Americans.

The VFA, forged in 1998, grants limited immunity from criminal prosecution to US troops when they are engaged in joint maneuvers in this country.

"This is a test case for the VFA. This is the first time that we are investigating US servicemen under the treaty," prosecutor Raymond Viray said.

Viray added the American servicemen are expected to deny any wrongdoing.

He said the next round of investigations is set for Nov. 29, after which prosecutors will determine whether there is probable cause to charge the six Americans in court.

If a case against them is established, the soldiers would be arrested, detained and tried here to face life imprisonment or death if there are aggravating circumstances, Viray said.

Albert Lara, a lawyer for one of the six US servicemen, specifically asked to be allowed to challenge the alleged victim face-to-face before prosecutors. Jalandoni added this would be resolved later.

Despite the no-show of the rape victim, the Department of Social Welfare and Development (DSWD) said she is bent on pursuing the case against the six Americans.

Sources, however, said the victim had been about to withdraw her complaint against the six but her request was turned down by Justice Secretary Raul Gonzalez.

Two DOJ officials separately claimed the victim was about to submit her affidavit effectively recanting the rape charges against the six Americans.

"The truth is the victim intends to recant the rape charges. That was refused by the Justice Secretary because it will not reflect well on him. Her recantation is that what she remembers is that she was being kissed," one of the officials said.

The official said the victim wanted to maintain that she was just kissed by the accused.

"She wants to delete the element of rape in her original complaint-affidavit," another DOJ official disclosed.

"She was with her lawyer, Atty. (Minerva) Ambrosio. The victim wants that portion on the element of rape... and she will strike that out," the official added.

Sources disclosed Gonzalez did not allow the victim and her lawyer to enter his office, forcing them to proceed to Chief State Prosecutor Jovencito Zuño and State Prosecutor Lilian Alejo to subscribe her withdrawal.

The source claimed the victim, including her lawyers Ambrosio and Katrina Legarda, decided against appearing before the preliminary investigation because of the publicity.

"The victim was advised by Zuño to go to the fiscal in Olongapo at 7:00 a.m. today (Wednesday) so that she will not be seen by the media. If that portion (the rape allegations) is deleted, the case will be dead. It will be lessened to sexual abuse or sexual molestation," the official pointed out.

"The government can still pursue the case against the six US Marines for the remaining allegations of sexual molestation, but the case will definitely be weak," the official added.

"The victim can be forced to testify against the accused, but it will not change anything because the recantation will definitely weaken the case against the accused," he said.

The same officials pointed out the request of the defense lawyers for more time to submit their supplemental-complaint affidavit would cause delays in the proceedings. — With Ric Sapnu, Jose Rodel Clapano, Sheila Crisostomo, AP, AFP, Reuters

Rape victim not attending hearing

THE anticipated face-off between six US servicemen accused of gang-rape in Subic Bay Freeport and their alleged victim will not materialize in today’s preliminary investigation at the Olongapo City prosecutor’s office.

"No, she will not appear. We will have her swear in before another prosecutor," said Minerva Ambrosio, the victim’s co-counsel.

She said the victim was "too traumatized and is not yet ready to face the six accused."

Ambrosio said she and other lawyers are working out ways where the victim would subscribe her affidavit before another prosecutor so she would not have to face the suspects today and on Nov. 29.

In her affidavit, the victim identified Keith Silkwood, Albert Lara, Corey Burris, Chad Carpentier, Daniel Smith and Dominic Duplantis as the ones who attacked her inside a Starex van near the Olongapo pier on Nov. 1.

Justice Secretary Raul Gonzalez said he hopes that the victim will face the accused.

"I hope the girl will really appear because that might be used by the defense to delay the proceedings and they are the ones asking for a speedy trial. Why will she not appear? I could not understand. If you are a victim and if you are outraged by what happened to you, you should appear," he said.

He said even if the victim has sworn in before another prosecutor, she would still have to face the prosecutor handling the case eventually.

Gonzalez said he received reports that the victim’s lawyers brought her to the DOJ office before noon, hoping that she could swear in before a prosecutor.

"I was not sure but I heard the complainant was downstairs. I rejected their request that I administer the swearing in because I don’t want to be accused of being biased," he said.

Ambrosio confirmed that their request was turned down by Gonzalez. She said the rejection was another evidence of the DOJ’s bias against the victim.

Earlier, Gonzalez denied lawyer Katrina Legarda’s plea to move the hearing from Olongapo City to the DOJ office in Manila.

"She (victim) was not at the DOJ, she should have been if Gonzalez granted our request. We wanted her to subscribe to her affidavit at the DOJ so she may not appear at the hearing but apparently, he was not inclined to approve it because of what happened between him and Legarda," Ambrosio said.

Ambrosio also downplayed Gonzalez’ claim that the victim’s non-appearance will affect the case.

She said what usually happens during preliminary investigation is a mere exchange of affidavits, documents and evidence.

What is more important, she said, is to keep the victim from being further traumatized. "Not all victims react that way. We must understand the situation of the victim."

She said the victim may likewise request the investigating prosecutor for a closed-door meeting. – Evangeline de Vera

Olongapo court starts rape charge probe today

By Roy Pelovello

JUSTICE Secretary Raul Gonzalez yesterday encouraged the 22-year-old Filipina who accused six US servicemen of raping her to appear at today’s preliminary investigation because failure to do so could be exploited by the defense.

Gonzalez said the US soldiers, too, should appear before the Olongapo City Prosecutor’s Office to answer the charges.

Earlier, reports quoted the complainant’s lawyer as saying she might stay away from today’s preliminary investigation to avoid unwanted publicity.

Lawyer Minerva Ambrosio, one of the lawyers working for the victim, said in a text message that she would likely not be made to appear to spare her the ordeal.

But Gonzalez said this was the wrong approach.

“If you are a victim and if you are outraged by what happened to you, you should appear,” he said.

He said the defense could use her nonappearance to delay the proceedings.

Under the Visiting Forces Agreement (VFA), judicial proceedings against US military personnel accused of crimes here should be completed in a year, after which US authorities will no longer be under obligation to present the accused for investigation or trial.

Besides, Gonzalez said, the hearing would give the woman the opportunity to point to her alleged assailants and buttress her complaint.

Gonzalez said the victim and her lawyer sought to meet with him as a way to avoid appearing in today’s preliminary investigation, but he refused to see them to avoid the appearance of bias.

Under court rules, any finding by the investigating fiscal may be appealed to the justice secretary.

Yesterday, a group of lawyers aired fears that the one-year limit in VFA could be used to dismiss the case against the six servicemen.

The Equal Justice for All Movement said “judicial proceedings” in VFA should refer to hearings and trials conducted by a court of law, and not to the preliminary investigation, which begins today.

Leonard de Vera, who heads the group, said the one-year period should begin once the public prosecutor files the criminal information in court and the accused is arraigned.

“No court, conscious of the one-year limitation under VFA, will allow this case to go beyond the one-year limit in spite of efforts of some parties to delay this case,” he said.

He added that a year is more than enough time to litigate and resolve the rape case. With Rio N. Araja

Subic execs misled on VFA -- Gonzalez

JUSTICE Secretary Raul Gonzalez said there may have been a procedural error in the turnover to United States custody of the six US soldiers accused of rape in Olongapo City but he believes it may just have been a “misinterpretation” of the Visiting Forces Agreement (VFA).

Gonzalez said it was not right for the officials of the Subic Bay Metropolitan Authority to have let the soldiers go based on a mere verbal request from the US military attaché who invoked a VFA provision stating that the US had the right to place erring servicemen under its care.

“That should have been done by diplomatic process and not through a verbal request, just because you’re an official of the embassy,” Gonzalez told a Club Intramuros forum on Tuesday.

But he said the turnover of the suspects appeared to have been caused by a mere misinterpretation of the VFA provision on custody of erring servicemen because the agreement does not state clearly that the request for custody be made in writing.

think the proper step should have been for the US Embassy to have requested for custody in writing,” he said.

Gonzalez recounted how he attempted to have the soldiers placed under Philippine custody on November 2 upon being informed of the incident by President Gloria Macapagal-Arroyo.

He said he had requested retired General Jose Calimlim, the SBMA intelligence and investigation chief, to keep the US soldiers under his watch while he sent a prosecutor to conduct an inquest.

But when the prosecutor arrived, the US military attaché had already taken custody of the soldiers, Gonzalez said. Leila B. Salaverria

US Marines to appear before prosecutors over alleged rape

OLONGAPO -- Six US Marines accused of raping a Filipina woman are to appear before prosecutors Wednesday in what is seen as a litmus test for a treaty that protects American troops serving here.

The six are in US custody and are expected to deny allegations by a 22-year-old Filipina that they raped her in a van earlier this month.

The servicemen were part of a US contingent that was taking part in joint exercises in the former US naval base of Subic at the time.

US diplomats had refused to turn them over to Philippine authorities and invoked the Visiting Forces Agreement (VFA).

The treaty, forged in 1998, grants limited immunity to criminal prosecution to US troops when they are engaged in joint maneuvers in this country.

"This is a test case for the VFA. This is the first time that we are investigating US servicemen under the treaty," prosecutor Raymond Viray told AFP here as he prepared for the hearing.

"We expect the soldiers and their lawyers to be here,

and we will also be presenting five witnesses with corroborative statements backing up the alleged victim," he said.

The Americans were expected to deny any wrongdoing. Another round of investigations is set for November 29, after which prosecutors will determine whether there is probable cause to charge them in court

US Embassy silent on custody transfer plea

By JONATHAN VICENTE, The Manila Times Reporter

The United States Embassy has yet to answer the Philippine government’s request to take custody of the six US Marines accused of raping a Filipina in Olongapo City.

The six Marines are due to appear Wednesday at the Olongapo Prosecutor’s Office for a preliminary investigation into the charge.

The Department of Foreign Affairs made such a request, citing the extraordinary nature of the case.

DFA officials said the US Embassy refuses to turn over Dominic Duplantis, Daniel Smith, Chad Carpentier, Corey Burris, Albert Lara and Keith Silkwood to Philippine authorities until it finishes its own investigation into the case.

Foreign Affairs Secretary Alberto Romulo on Tuesday explained the need to take custody of the six Marines by saying: "Our primary interests of ensuring that justice prevails and that the rights and welfare of the victim are secured, remain. Working closely with the Department of Justice, we are taking every effort to ensure any and all accused shall be tried under Philippine laws and, if found guilty, shall be answerable for their crimes under Philippine laws."

Under the Visiting Forces Agreement, the Philippines has criminal jurisdiction over American servicemen who run afoul of its laws, but the US takes custody of them.

The Philippines, however, can request the US to relinquish custody under certain circumstances.

Romulo said the US government has been made fully aware of the importance that the Philippine government and the Filipino people are giving to the case, "as well as our sentiments and position that the Philippines has primary jurisdiction and that our laws shall govern."

He said the legal action to take custody of the Marines was underscored in several notes verbales the DFA has issued to the embassy.

"We appreciate the strong interests of Congress and the public in this case. Again, working together with the Department of Justice, we intend to address the concerns that have been raised," Romulo said.

Justice Secretary Raul M. Gonzalez said one of the six Marines, Duplantis, could get off the hook because he was not mentioned in the 22-year-old victim’s complaint or in the affidavit of the driver of the van where the alleged rape took place.

"It should be in his favor. If he is not really mentioned, he is free," Gonzalez said.

But Duplantis needs to submit a counteraffidavit indicating that he was not identified by the driver, Timoteo Soriano, and the victim, he said.

Duplantis’ name was included in the charge sheet submitted to the Olongapo Prosecutor’s Office.

Gonzalez said there is really no difference whether the Marines are detained in a Philippine jail or in the US Embassy.

"The effect is only psychological. If they are with us, we can see them every day but beyond that, what?" Gonzalez asked.

He said the important thing is that the US government assured Malacañan of full cooperation.

"But since we have filed for custody, we might as well pursue it," Gonzalez said.

At a budget hearing in the Senate, Defense Secretary Avelino Cruz disclosed plans to sign 10 more agreements on military exercises with member-countries of the Association of Southeast Asian Nations and Australia.

Senate President Franklin Drilon was concerned about exempting these countries from certain domestic laws if the VFAs are approved.

He was also surprised to know about this plan and to learn that negotiations for an agreement with Australia were going on.

"This came as a surprise to me. We were never informed of this. It came out in the media when the Australian minister mentioned this expected difficulty in the Senate. But even more surprising is the plan to enter into 10 VFAs in the Asian region. This must be scrutinized," Drilon said.

Sen. Manny Villar also expressed misgivings about these agreements, fearing a repeat of the alleged rape case in Olongapo.

"Those agreements that we enter into often leave us fooled. I suspect that this VFA with Australia will leave us shortchanged like what happened with the VFA we forged with the US."

But Cruz said the agreements will help the country effectively fight terrorism.

He also said the defense department would need the expertise and the equipment of the defense departments of other countries.

Cruz cited a provision in the Constitution which requires that a treaty be signed first before allowing foreign troops to enter the Philippines.

With Jomar Canlas and Patricia Esteves

===

Subic execs misled on VFA -- Gonzalez

Inquirer News Service

JUSTICE Secretary Raul Gonzalez said there may have been a procedural error in the turnover to United States custody of the six US soldiers accused of rape in Olongapo City but he believes it may just have been a “misinterpretation” of the Visiting Forces Agreement (VFA).
Gonzalez said it was not right for the officials of the Subic Bay Metropolitan Authority to have let the soldiers go based on a mere verbal request from the US military attaché who invoked a VFA provision stating that the US had the right to place erring servicemen under its care.

“That should have been done by diplomatic process and not through a verbal request, just because you’re an official of the embassy,” Gonzalez told a Club Intramuros forum on Tuesday.

But he said the turnover of the suspects appeared to have been caused by a mere misinterpretation of the VFA provision on custody of erring servicemen because the agreement does not state clearly that the request for custody be made in writing.

“I think the proper step should have been for the US Embassy to have requested for custody in writing,” he said.

Gonzalez recounted how he attempted to have the soldiers placed under Philippine custody on November 2 upon being informed of the incident by President Gloria Macapagal-Arroyo.

He said he had requested retired General Jose Calimlim, the SBMA intelligence and investigation chief, to keep the US soldiers under his watch while he sent a prosecutor to conduct an inquest.

But when the prosecutor arrived, the US military attaché had already taken custody of the soldiers, Gonzalez said. Leila B. Salaverria

===

6 US Marines’ appearance at preliminary probe uncertain

By Nikko Dizon, Armand N. Nocum
Inquirer News Service

THE United States Embassy Tuesday said it could not confirm “a hundred percent” if the six US Marines accused of raping a 22-year-old Filipino woman would be appearing at the preliminary investigation of the case on Wednesday at the Olongapo City prosecutor’s office.

“It is between the prosecutors and their (the soldiers’) lawyers if they need to be there,” said Matthew Lussenhop, the embassy spokesperson, in a phone interview.

Lussenhop said the embassy’s responsibility under the terms of the Visiting Forces Agreement was to make the soldiers available to Philippine courts.

The embassy has yet to respond to a request from the Department of Foreign Affairs for it to surrender the soldiers to Philippine authorities.

Justice Secretary Raul Gonzalez said he did not expect anything from Wednesday’s preliminary investigation as the victim’s lawyers were reported seeking a closed-door session and were even considering not to have their client make an appearance at all.

Gonzalez said in jest: “I don’t think sensitive issues will come out except the exhibit of the panties.”

===

DOJ chief hugas-kamay

(BJ/JL) Abante on-line

Gaya ng inaasahan, naghugas-kamay si Justice Sec. Raul Gonzalez sa paratang na pinoprotektahan nito ang interes ng Amerika sa intensyunal na pagpapabaya upang mawala sa kustodya ng Philippine authorities ang anim na US servicemen na inaakusahan ng panggagahasa sa isang 22-anyos na Zamboangueña sa Olongapo City noong Nobyembre 1.

Sa budget hearing kahapon ng Senate committee of the whole kung saan kinailangang dumalo si Gonzalez para ilatag ang hinihinging pondo ng kanyang tanggapan sa papasok na taong 2006, ipinaliwanag nito sa mga senador na ginawa nila ang lahat para mapasailalim sa kustodya ng Pilipinas ang anim na Kanong sundalo.

Sa katunayan umano ay agad niyang tinawagan noong Nobyembre 2, isang araw matapos ang insidente, si retired Gen. Jose Calimlim ng Subic Bay Metropolitan Authority (SBMA) upang hawakan ang mga suspek at huwag hayaang makasakay ng kanilang barko.

Ngunit noong ipinapa-inquest na umano niya ang mga dayuhang marino ay iniulat sa kanya ni Calimlim na agad na kinuha ng military attaché ng US Embassy ang anim na akusado upang mapasailalim umano sa kustodya ng Amerika.

Nilinaw rin ng kalihim na sa ngayon ay kumpirmadong limang sundalong Kano lamang ang nasa kustodya ng US authorities dahil ang pang-anim na suspek ay nananatiling John Doe (hindi pa tukoy).

Samantala, nagbanta kahapon ang militanteng grupo ng kababaihang Gabriela na lulusob sila sa preliminary investigation ng rape case sa Olongapo City upang magpakita ng solidong suporta sa kababayang biktima

===

Rape victim not attending hearing

THE anticipated face-off between six US servicemen accused of gang-rape in Subic Bay Freeport and their alleged victim will not materialize in today’s preliminary investigation at the Olongapo City prosecutor’s office.

"No, she will not appear. We will have her swear in before another prosecutor," said Minerva Ambrosio, the victim’s co-counsel.

She said the victim was "too traumatized and is not yet ready to face the six accused."

Ambrosio said she and other lawyers are working out ways where the victim would subscribe her affidavit before another prosecutor so she would not have to face the suspects today and on Nov. 29.

In her affidavit, the victim identified Keith Silkwood, Albert Lara, Corey Burris, Chad Carpentier, Daniel Smith and Dominic Duplantis as the ones who attacked her inside a Starex van near the Olongapo pier on Nov. 1.

Justice Secretary Raul Gonzalez said he hopes that the victim will face the accused.

"I hope the girl will really appear because that might be used by the defense to delay the proceedings and they are the ones asking for a speedy trial. Why will she not appear? I could not understand. If you are a victim and if you are outraged by what happened to you, you should appear," he said.

He said even if the victim has sworn in before another prosecutor, she would still have to face the prosecutor handling the case eventually.

Gonzalez said he received reports that the victim’s lawyers brought her to the DOJ office before noon, hoping that she could swear in before a prosecutor.

"I was not sure but I heard the complainant was downstairs. I rejected their request that I administer the swearing in because I don’t want to be accused of being biased," he said.

Ambrosio confirmed that their request was turned down by Gonzalez. She said the rejection was another evidence of the DOJ’s bias against the victim.

Earlier, Gonzalez denied lawyer Katrina Legarda’s plea to move the hearing from Olongapo City to the DOJ office in Manila.

"She (victim) was not at the DOJ, she should have been if Gonzalez granted our request. We wanted her to subscribe to her affidavit at the DOJ so she may not appear at the hearing but apparently, he was not inclined to approve it because of what happened between him and Legarda," Ambrosio said.

Ambrosio also downplayed Gonzalez’ claim that the victim’s non-appearance will affect the case.

She said what usually happens during preliminary investigation is a mere exchange of affidavits, documents and evidence.

What is more important, she said, is to keep the victim from being further traumatized. "Not all victims react that way. We must understand the situation of the victim."

She said the victim may likewise request the investigating prosecutor for a closed-door meeting. – Evangeline de Vera, Malaya