6 US Marines held for rape
Major test for legal provisions of VFA
By TJ Burgonio, Volt Contreras, Patrick Roxas
Inquirer News Service
A 22-year-old Filipino woman has allegedly been raped by six American servicemen in a rented van, in what may well be the first major test of the criminal justice provisions of the RP-US Visiting Forces Agreement.
Feliciano Salonga, chair of the Subic Bay Metropolitan Authority (SBMA), told GMA television news that the driver of the vehicle, a Starex van, had identified the six servicemen. Earlier reports said five Americans were involved in the incident.
Initial investigation showed that the woman and her stepsister were with two servicemen bar-hopping in the sprawling freeport at around 8 p.m. on Nov. 1. After two hours, the woman said the men got into trouble with the Shore Patrol and left them in a karaoke bar.
There, she danced with a male Caucasian, believed to be a US Marine, who later took her outside to a rented vehicle and drove away. The victim, according to officers patrolling the area, was later seen by witnesses being dropped from a dark-colored van by a foreigner near the Subic telecommunications office on Waterfront Road.
Salonga said the woman "was hysterical ... without clothes on except a pair of panties."
"It was obvious that she was intoxicated and incoherent," he said. "We gave her a pair of pants to cover herself."
The woman was taken to the James L. Gordon Memorial Hospital in nearby Olongapo City for a medico-legal examination. She narrated her story after regaining her faculties.
A complaint filed with the Olongapo prosecutor's office identified the servicemen as Keith Silkwood, Daniel Smith, Albert Lara, Dominic Duplantis, Corey Barris and Chad Carpenter.
First reports said the Americans were from the aircraft carrier USS Essex, which departed yesterday along with the dock landing ship USS McHenry and the amphibious transport dock USS Juneau. The vessels arrived in the Philippines on Oct. 22 to participate in counterterrorism exercises with the Philippine military.
Salonga said the six men were left behind.
Foreign Secretary Alberto Romulo said that he was "deeply concerned" about the allegation and that he would "support all efforts by our authorities to investigate, prosecute and try this case."
"The perpetrators of this heinous crime shall be brought to justice," said Romulo, who had just arrived from a trip to the United States.
"We want to take custody of them eventually ... Let's follow the procedure and terminate this to the satisfaction of our people."
US vows to adhere to VFA
Romulo said he had instructed the Presidential Commission on the VFA to assist the complainant and support the prosecution of the case. He and the defense secretary are cochairs of the commission.
A US Embassy statement earlier yesterday indicated that five US Marines were involved--not six--and that they remained in the Philippines in connection with the case. The five were under the responsibility of the embassy, the statement said.
It said the VFA "provides the mechanism for US and Filipino authorities to work together to determine the facts of the case and to ensure that accused individuals are available to both Filipino and US investigators since the allegations would be crimes under both Filipino and US laws."
"The US will strictly adhere to the provisions of the VFA and will cooperate closely with Philippine authorities to ensure this case is handled fairly and that justice is done," the statement said.
"The US takes reports of violations of US and Philippine laws by US military personnel very seriously and will fully cooperate with the Philippine authorities in the investigation of this incident."
The VFA was ratified by the Philippine Senate in May 1999. It gives the US military access to Philippine ports and airports for refueling, supplies, repairs, and rest and recreation. The agreement also covers situations where US troops are in the country for joint exercises or shore leave.
Swift reaction
The swiftness with which US Embassy and Philippine officials reacted to the rape allegation in Subic underscored the sensitivity of the agreement.
Criminal cases involving Americans before the US' Clark Air Base and Subic Bay Naval Base--the largest outside the continental United States--were shut down in 1992 had grated on the sensitivities of Philippine nationalists and strained relations between Washington and Manila.
Militant groups say that before the bases were closed, there were 52 cases of rape, physical and sexual abuse committed against young women and children in areas surrounding the bases but that not a single American soldier had been arrested and convicted of the offenses.
Armand Arreza, administrator of the Subic Bay Metropolitan Authority, said a formal complaint would be filed in court against the suspects.
"Since law enforcement operatives here received the complaint, they immediately coordinated with the proper authorities so that the servicemen allegedly involved would not be able to leave," Arreza said.
The Americans were under strict orders to remain in the country and to answer the charges against them, an SBMA statement said.
Sen. Miriam Defensor-Santiago, chair of the Senate foreign relations committee and the oversight committee on the VFA, said she was coordinating closely with US Charge d'Affaires Paul Jones in the preliminary investigation of the Marines.
"I commend the US Embassy for choosing to keep the Marines in Metro Manila rather than shipping them out of the country and outside of Philippine jurisdiction. We shall assert primary jurisdiction on this case," Santiago said.
Primary jurisdiction
She noted that under the VFA, if an offense committed by an American serviceman is against the laws of both countries, the Philippines, as the host country, should have the primary right to exercise jurisdiction.
Santiago said that the rape charge was an offense against the laws of both the United States and the Philippines and, therefore, the Philippines, as the host country, would have primary jurisdiction over the case.
Jones arrived at the Department of Foreign Affairs after Romulo's briefing for a previously scheduled meeting. After conferring with Romulo, he told reporters the embassy had yet to receive a formal request from the government for discussions on the suspects.
"They are innocent until proven guilty," Jones said. "If found guilty, we find this an outrageous crime and we want to extend our apologies to the victim and her family."
Inquirer Central Luzon Desk
By TJ Burgonio, Volt Contreras, Patrick Roxas
Inquirer News Service
A 22-year-old Filipino woman has allegedly been raped by six American servicemen in a rented van, in what may well be the first major test of the criminal justice provisions of the RP-US Visiting Forces Agreement.
Feliciano Salonga, chair of the Subic Bay Metropolitan Authority (SBMA), told GMA television news that the driver of the vehicle, a Starex van, had identified the six servicemen. Earlier reports said five Americans were involved in the incident.
Initial investigation showed that the woman and her stepsister were with two servicemen bar-hopping in the sprawling freeport at around 8 p.m. on Nov. 1. After two hours, the woman said the men got into trouble with the Shore Patrol and left them in a karaoke bar.
There, she danced with a male Caucasian, believed to be a US Marine, who later took her outside to a rented vehicle and drove away. The victim, according to officers patrolling the area, was later seen by witnesses being dropped from a dark-colored van by a foreigner near the Subic telecommunications office on Waterfront Road.
Salonga said the woman "was hysterical ... without clothes on except a pair of panties."
"It was obvious that she was intoxicated and incoherent," he said. "We gave her a pair of pants to cover herself."
The woman was taken to the James L. Gordon Memorial Hospital in nearby Olongapo City for a medico-legal examination. She narrated her story after regaining her faculties.
A complaint filed with the Olongapo prosecutor's office identified the servicemen as Keith Silkwood, Daniel Smith, Albert Lara, Dominic Duplantis, Corey Barris and Chad Carpenter.
First reports said the Americans were from the aircraft carrier USS Essex, which departed yesterday along with the dock landing ship USS McHenry and the amphibious transport dock USS Juneau. The vessels arrived in the Philippines on Oct. 22 to participate in counterterrorism exercises with the Philippine military.
Salonga said the six men were left behind.
Foreign Secretary Alberto Romulo said that he was "deeply concerned" about the allegation and that he would "support all efforts by our authorities to investigate, prosecute and try this case."
"The perpetrators of this heinous crime shall be brought to justice," said Romulo, who had just arrived from a trip to the United States.
"We want to take custody of them eventually ... Let's follow the procedure and terminate this to the satisfaction of our people."
US vows to adhere to VFA
Romulo said he had instructed the Presidential Commission on the VFA to assist the complainant and support the prosecution of the case. He and the defense secretary are cochairs of the commission.
A US Embassy statement earlier yesterday indicated that five US Marines were involved--not six--and that they remained in the Philippines in connection with the case. The five were under the responsibility of the embassy, the statement said.
It said the VFA "provides the mechanism for US and Filipino authorities to work together to determine the facts of the case and to ensure that accused individuals are available to both Filipino and US investigators since the allegations would be crimes under both Filipino and US laws."
"The US will strictly adhere to the provisions of the VFA and will cooperate closely with Philippine authorities to ensure this case is handled fairly and that justice is done," the statement said.
"The US takes reports of violations of US and Philippine laws by US military personnel very seriously and will fully cooperate with the Philippine authorities in the investigation of this incident."
The VFA was ratified by the Philippine Senate in May 1999. It gives the US military access to Philippine ports and airports for refueling, supplies, repairs, and rest and recreation. The agreement also covers situations where US troops are in the country for joint exercises or shore leave.
Swift reaction
The swiftness with which US Embassy and Philippine officials reacted to the rape allegation in Subic underscored the sensitivity of the agreement.
Criminal cases involving Americans before the US' Clark Air Base and Subic Bay Naval Base--the largest outside the continental United States--were shut down in 1992 had grated on the sensitivities of Philippine nationalists and strained relations between Washington and Manila.
Militant groups say that before the bases were closed, there were 52 cases of rape, physical and sexual abuse committed against young women and children in areas surrounding the bases but that not a single American soldier had been arrested and convicted of the offenses.
Armand Arreza, administrator of the Subic Bay Metropolitan Authority, said a formal complaint would be filed in court against the suspects.
"Since law enforcement operatives here received the complaint, they immediately coordinated with the proper authorities so that the servicemen allegedly involved would not be able to leave," Arreza said.
The Americans were under strict orders to remain in the country and to answer the charges against them, an SBMA statement said.
Sen. Miriam Defensor-Santiago, chair of the Senate foreign relations committee and the oversight committee on the VFA, said she was coordinating closely with US Charge d'Affaires Paul Jones in the preliminary investigation of the Marines.
"I commend the US Embassy for choosing to keep the Marines in Metro Manila rather than shipping them out of the country and outside of Philippine jurisdiction. We shall assert primary jurisdiction on this case," Santiago said.
Primary jurisdiction
She noted that under the VFA, if an offense committed by an American serviceman is against the laws of both countries, the Philippines, as the host country, should have the primary right to exercise jurisdiction.
Santiago said that the rape charge was an offense against the laws of both the United States and the Philippines and, therefore, the Philippines, as the host country, would have primary jurisdiction over the case.
Jones arrived at the Department of Foreign Affairs after Romulo's briefing for a previously scheduled meeting. After conferring with Romulo, he told reporters the embassy had yet to receive a formal request from the government for discussions on the suspects.
"They are innocent until proven guilty," Jones said. "If found guilty, we find this an outrageous crime and we want to extend our apologies to the victim and her family."
Inquirer Central Luzon Desk
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