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
===
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
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
===
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
posted by OlongapoCity Zambales at
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