DFA asks US for custody of 6 marines in Subic rape case
THE DEPARTMENT of Foreign Affairs has formally asked the United States for the custody of its six marines accused of raping a Filipina in Subic, an official said.
Acting Foreign Affairs Secretary Rafael Seguis revealed this on Thursday before a hearing of the Legislative Oversight Committee on the Visiting Forces Agreement (LOVFA) at the Senate.
Seguis made the disclosure after he was pressed to reveal the action taken by the government as far as custody of the six accused was concerned.
Seguis said the note verbale that was sent to the US embassy also contained a reminder to American officials that they should have formally requested the Philippine government for custody of the suspects soon after the incident, and that they should have submitted this to the DFA.
Asked by Senator Miriam Defensor-Santiago, chairman of the LOVFA, how the six marines ended up being in the custody of the US, Justice Secretary Raul Gonzalez said that it was retired general Jose Calimlim
who granted the "informal" request by the US military attache.
Gonzalez said his original instructions on November 2 were for the authorities to hold the accused Americans until an inquest had been done.
At the same time, Seguis said it forwarded the request of Katrina Legarda, private counsel of the victim, for authenticated copies of the personal identity cards and similar records of the suspects.
But the request did not contain any deadline for compliance by the US officials, Seguis admitted.
Santiago suggested that the Americans be given three days to comply with the Philippine government's requests.
Outside the hearing, Santiago said she found the DFA's handling of the case "too timid, acting gingerly, as if stepping on egg shells...as if we are a mini-colony."
She also said that Undersecretary Zosimo Paredes, executive director of the Presidential Commission on the VFA, seemed to be "suffering from doctrinal confusion." She added however that she was not asking that he be replaced, "only educated."
Meanwhile, Paredes denied saying that the VFA did not have a provision for custody.
At the same time, Seguis clarified that the one-year period mentioned in Article V, Paragraph 6 of the VFA, requiring US authorities to make the accused available for judicial proceedings had not started yet.
He said this would happen only "when the court acquires jurisdiction over the persons of the accused...the period pertaining to the investigative and preliminary investigation phases are not included."
At the start of the hearing, Seguis requested for an executive session, even invoking the national security provision of Executive Order 464.
But Senator Juan Ponce-Enrile said, "What issue of national security is there in a rape case?"
Enrile demanded that the DFA officials showed "more backbone in its capacity to relate with US officials."
To the question of Congressman Rufino Biazon on whether the incident would affect other scheduled joint military exercises, Defense Undersecretary Rodel Cruz said it would not.
Acting Foreign Affairs Secretary Rafael Seguis revealed this on Thursday before a hearing of the Legislative Oversight Committee on the Visiting Forces Agreement (LOVFA) at the Senate.
Seguis made the disclosure after he was pressed to reveal the action taken by the government as far as custody of the six accused was concerned.
Seguis said the note verbale that was sent to the US embassy also contained a reminder to American officials that they should have formally requested the Philippine government for custody of the suspects soon after the incident, and that they should have submitted this to the DFA.
Asked by Senator Miriam Defensor-Santiago, chairman of the LOVFA, how the six marines ended up being in the custody of the US, Justice Secretary Raul Gonzalez said that it was retired general Jose Calimlim
who granted the "informal" request by the US military attache.
Gonzalez said his original instructions on November 2 were for the authorities to hold the accused Americans until an inquest had been done.
At the same time, Seguis said it forwarded the request of Katrina Legarda, private counsel of the victim, for authenticated copies of the personal identity cards and similar records of the suspects.
But the request did not contain any deadline for compliance by the US officials, Seguis admitted.
Santiago suggested that the Americans be given three days to comply with the Philippine government's requests.
Outside the hearing, Santiago said she found the DFA's handling of the case "too timid, acting gingerly, as if stepping on egg shells...as if we are a mini-colony."
She also said that Undersecretary Zosimo Paredes, executive director of the Presidential Commission on the VFA, seemed to be "suffering from doctrinal confusion." She added however that she was not asking that he be replaced, "only educated."
Meanwhile, Paredes denied saying that the VFA did not have a provision for custody.
At the same time, Seguis clarified that the one-year period mentioned in Article V, Paragraph 6 of the VFA, requiring US authorities to make the accused available for judicial proceedings had not started yet.
He said this would happen only "when the court acquires jurisdiction over the persons of the accused...the period pertaining to the investigative and preliminary investigation phases are not included."
At the start of the hearing, Seguis requested for an executive session, even invoking the national security provision of Executive Order 464.
But Senator Juan Ponce-Enrile said, "What issue of national security is there in a rape case?"
Enrile demanded that the DFA officials showed "more backbone in its capacity to relate with US officials."
To the question of Congressman Rufino Biazon on whether the incident would affect other scheduled joint military exercises, Defense Undersecretary Rodel Cruz said it would not.
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