State's case vs 6 US soldiers weak - VFA exec
‘Case vs. 6 US Marines getting weaker’
A ranking official of the Presidential Commission on the Visiting Forces Agreement (VFACOM) yesterday admitted that the case against the six US Marines accused of raping a Filipina in Subic last Nov. 1 is getting weaker.
VFACOM Executive Director Zosimo Paredes, who is also a lawyer, explained that the prosecution suffered a blow with the retraction of Timeteo Soriano, the driver of the van where the rape was supposed to have taken place.
“From my legal point of view the case has weakened based on the testimony of the witness (Soriano) because he was the star witness,” Paredes said.
In the meantime, Paredes said that he does not know the whereabouts of Soriano.
Paredes said that Soriano corrected his earlier affidavit that he witnessed the rape of the victim.
Soriano pointed out that he never witnessed the supposed rape and was only forced by investigators to sign the earlier affidavit.
Meanwhile, Paredes agreed to Sen. Miriam Santriago’s call to amend provisions of the VFA.
“We have to accept that there is somewhat a vagueness in the VFA which needs clarification so that it will not be misinterpreted,” Paredes said.
The official explained that there are many vague provisions in the VFA and pointed out the need for definition of terms. (Jeffrey G. Damicog, Tempo)
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3 more Subic rape witnesses emerge
By Marna H. Dagumboy, Sun Star
CAMP OLIVAS -- Three more witnesses to the alleged gang rape by six US Marines of a 22-year-old Filipino woman at the Subic Bay Freeport in Olongapo City emerged Monday and gave their testimonies to the investigating panel.
The witnesses include two security guards and a lady receptionist at the Neptune Disco Bar, who voluntarily gave a blow-by-blow account of the incident that transpired inside the establishment last November 1.
Their identities are withheld for security reasons.
One of the witnesses said that at about 11:30 p.m. last November 1, he saw a group of foreigners assisting a woman into a green van. He even heard one of the foreigners yelling, "She's with me, we gonna go now."
The group, the witness said in his sworn affidavit, rushed out of the Neptune Disco Bar.
A 25-year-old lady receptionist and a freshman computer student, meanwhile, told investigators she saw a woman going out of the bar at around 11:30 p.m., accompanied by an American.
Another security guard detailed at the Neptune Bar noticed the presence of the Americans and other guests on November 1.
The accused, later identified as Lance Corporal Daniel Smith, Lance Corporal Keith Silkwood, Chad Carpenter, Corey Burris, Albert Lara and Dominic Duplantis, all members of the 31st Marine Expeditionary Unit (31st MEU) stationed in Okinawa, Japan, will be facing preliminary investigation on Wednesday.
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DUE TO WITNESS' WITHDRAWAL OF TESTIMONY
By Michaela P. del Callar
A government official yesterday said the government's case against six US Marines being accused of rape by a Filipino woman 'has weakened' after the key witness to the incident recanted some of his statements that would directly implicate the American servicemen to the alleged crime.
'From my legal point of view the case has weakened,' Undersecretary Zosimo Paredes, Executive Director of the Presidential Commission on the Visiting Forces Agreement (VFA), said when asked by reporters how witness Timoteo Soriano's modification of his previous statements would affect the case against the US soldiers.
Soriano, the driver of the van where the alleged rape took place last Nov. 1, had modified his earlier statement that the victim was gang-raped.
He denied having said gang rape and that he never witnessed the supposed rape. He said he was forced by police investigators to sign a pre-accomplished affidavit.
Soriano has reportedly gone into hiding after allegedly receiving threats to his life.
'(He is) very vital to the case, he is the only one, the star witness,' Paredes said.
The servicemen, who are being accused of raping a 22-year-old Filipino woman in Subic Bay, Olongapo City in Zambales province last Nov. 1, are currently under the custody of the US Embassy in Manila.
They were part of some 4,000 US troops who participated in a joint military exercise with Filipino counterparts in the Central Luzon province last month.
For his part, Foreign Affairs Secretary Alberto Romulo yesterday said the government is still awaiting response from US officials on its request for the turnover of the custody of the six US servicemen.
Manila has not received a reply from Washington since the note verbale or diplomatic note asking for the custody of the accused was transmitted to the US Embassy Wednesday last week.
'The United States government has been made fully aware of the importance that the Philippine government and the Filipino people are giving this case, as well as our sentiments and position that the Philippines has primary jurisdiction and that Philippine laws shall govern (over the case),' Romulo said.
He said the government is taking 'every effort to ensure any and all accused shall be tried under Philippine laws' and that they will be answerable for their crimes under Philippine laws if found guilty.
Paredes, who has been speaking to US Embassy officials, said Manila may get a reply on the custody plea before the preliminary investigation set for tomorrow.
'Or at the latest, before the case is filed, if ever in court after the preliminary investigation,' he said.
A preliminary investigation on the complaint filed by the Filipino victim has been set for tomorrow and on the 26th in Olongapo City.
The accused have been identified as Daniel Smith, Albert Lara, Keith Silkwood, Corey Barris, Chad Carpenter and Dominic Duplantis.
Meanwhile, cause-oriented groups are set to hold a vigil-rally today and tomorrow in Olongapo during the preliminary hearing of the rape case at the Olongapo City Prosecutors Office.
Bagong Alyansang Makabayan (Bayan) secretary general Renato Reyes said his group, together with the women's rights group Gabriela and other cause-oriented organizations, will be conducting a vigil and a rally today and tomorrow to voice out support for the victim in the rape case.
'We will go to Olongapo to show our support for the victim and her family and to show the government that the people are closely watching the developments of the case. Public opinion is very important at this point because it is the only deterrent we have against possible maneuvers by the US government (in the case),' Reyes said.
The activist leader also criticized President Arroyo for failing to raise the Subic rape issue involving US troops during her meeting with US President George W. Bush at the Asia Pacific Economic Conference summit in Busan, South Korea on Saturday.
'Mrs. Arroyo talks tough on terror but is soft when it comes to upholding national interest. It is a shame that she did not even mention the rape issue to the US President. It could have been an occasion to impress upon the US government that the rape issue is important to the Philippines,' Reyes said.
News reports said Mrs. Arroyo and Bush strictly discussed trade and economic issues during the Busan event.
The militant group had also earlier accused the DFA of virtually providing an 'escape route' for the six American suspects after Paredes reportedly conceded that the Philippine government cannot compel the US to keep the suspects in the country.
'Paredes should be sacked for selling out our national interest in the issue of the rape case against the US troops. He is acting as if he were the counsel of the six Marines...He has served them an escape plan on a silver platter,' Bayan chairman Carol Araullo had said.
Bayan and its allied groups have called for the junking of the VFA which is seen by some sectors as granting virtual immunity for US troops who commit criminal offenses in the Philippines.
Forged in 1999, the VFA governs the actions of visiting US forces when attending joint military exercises with their Filipino counterparts in the Philippines.
The Public Interest Law Center had recently asserted that the VFA is useless in protecting the rights of Filipinos victims of US soldiers' abuses. With Mel Cabigting
They are expected to submit their respective counter-affidavits on the same day. (Sun.Star Pampanga/Sunnex)
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74 kasong rape vs US servicemen napawalang-sala sa Gapo
Ang Pilipino STAR Ngayon 11/22/2005
OLONGAPO CITY – May kabuuang 106 na kaso ng panghahalay laban sa Pinay ang naitala sa Olongapo City Prosecutors Office simula noong 1986 hanggang 1992 kung saan pawang mga US military servicemen ang naging sangkot.
Ito ang napag-alaman base sa report na nakalap ng PSN na naitala ng record section ng prosecutors office ng Olongapo City kung saan lahat nang naisampang kasong rape laban sa mga Amerikanong sundalo noong panahon ng dating Subic Bay Naval Base ay pawang na-dismissed at walang naparusahan o na-convict man lamang ni isa sa mga akusadong Kano.
Sa 90-kaso ng rape na naisampa sa prosecutors office para sa preliminary investigation, ay aabot lamang sa 16 kaso lamang ang pormal na naiakyat sa mababang korte.
Karamihan sa Pinay na biktima ng rape ay mga tindera at kahera lamang sa mga club at commissary sa loob ng Subic Naval Base na pinaniniwalaang inimbita lamang lumabas ng mga suspek na Kano para mamasyal, subalit nauuwi sa panghahalay.
Isa sa biktimang itinago sa pangalang Alexandra na kahera sa isang commissary sa Subic Bay Freeport na hinalay ng isang US Airforce personnel matapos siyang imbitahan na mamasyal at magbar-hopping sa Magsaysay drive sa nasabing lungsod.
Gaya rin ni Alexandra ay inireklamo n’ya ng kasong rape sa prosecutors office ang suspek na Kano noong 1987, subalit bago pa makarating sa korte ay agad na na- dismiss ang nasabing kaso.
Subalit ipinaliwanag nito na naidaan sa pag-aayos ng magkabilang panig sa pamamagitan ng paglalaan ng pera bilang pambayad sa nangyaring insidente ng panghahalay na hindi naitanggi ni Alexandra dahil sa pangangailangan din ng pera.
Nabatid din na kayat walang naparusahang mga suspek sa kaso ng panghahalay ay dahil sa agad na inaagapan ng mga ito ang pagbibigay ng madaliang settlement, kung kaya’t umuurong na ang mga biktima kaso.
Samantala, preparado na ang mga kawani ng Olongapo City Prosecutors Office para sa unang pagdinig sa kasong panggagahasa ng anim na US Marines laban sa isang 22-anyos na Pinay sa itinakdang preliminary investigation bukas (Nobyembre 23, 2005).
Nabatid na noong nakalipas na Biyernes, Nobyembre 18, 2005, ay pormal na nagsampa sa prosecutors office ng motion for cancellation on preliminary hearing ang Sisip-Salazar-Hernandez-Gatmaitan law office, tumatayong taga-depensa nina Corey Burris at Albert Lara, subalit mabilis na tinanggihan ang nasabing mosyon ni City Asst. Prosecutor Raymund C. Viray.
Kabilang sa magtatanggol sa mga akusadong sina Daniel Smith ay ang Formosa-Navarro-Formosa law office, Rodrigo-Berendiel-Gono law firm para naman kay Brian Carpentier at ang Coloso-Chica and Associates law office para naman kina Keith Silkwood at Dominic Duplantis. (Jeff Tombado)
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Lucid Interval : Silence in Subic
By Rowena Guanzon, INQ7.net
NOT A WHISPER of protest can be heard from the people or the elected officials of Olongapo city, where a 22-year-old woman said US servicemen raped her in the Subic Bay Freeport Zone on Nov. 1. Along with Clark Field in Pampanga province, Olongapo was host to the US military bases for 40 years until the Philippine Senate voted against renewing a treaty that allowed American military bases in the country.
Most people in Olongapo had enjoyed many years of commercial benefit from American servicemen in the past, and that has numbed their senses. The city's economy was boosted by the dollars the Americans spent for rest and recreation in bars, clubs and hotels. Anything and everything that the servicemen wanted was for sale, including women’s bodies. Although the US military base has been closed and its facilities dismantled since 1991, Olongapo’s businesses still benefit today from the visiting US servicemen who are in the country for military exercises.
If the officials of Olongapo are slow to react to the rape of a Filipina, it is because of their collective belief that howling a protest is not good for Philippine-US diplomatic relations, which they think they have a duty to protect as host. Another reason is that the woman is not from Olongapo. Still another reason is, in a city where a number of women are sexually prostituted, a charge of rape is viewed with disbelief. If the woman had worked in the bar, everyone, especially her employer, would now be convincing her to withdraw her complaint.
In contrast, the people and the governor of Okinawa were outraged when three American servicemen kidnapped and raped a 12-year-old schoolgirl in 1995. People carried placards that said, “American animals get out of Okinawa!” The governor was outspoken against the US military base, which occupied one-fifth of his province.
All three US servicemen were convicted and served seven years in Okinawa prison. They were Navy Seaman Marcus Gill of Woodville, Texas, Marine Pfc. Rodrico Harp of Griffin, Georgia, and Marine Pfc. Kendrick Ledet of Waycross, Georgia.
The three were immediately arrested before the US authorities arrived, and the governor of Okinawa refused to give them custody. The people of Okinawa followed the case to the end, and many felt that the sentence of seven years was too light.
As if that was not lesson enough for American servicemen, in 2001 Marine Sergeant Woodlands was convicted of raping a 24-year-old Okinawa woman on the hood of a car in a parking building. Woodlands’ defense was that the sexual contact was consensual, but the woman testified that Woodlands grabbed her from behind, and that she banged the hood of the car with both her fists, so how could the accused have not understood her resistance? While on trial, Woodlands was detained in Okinawa.
In both cases in Okinawa, the US did not request for custody of the accused. So why is the US treating our country differently?
Why isn’t the US handing over the Marines and any evidence that they can acquire to the Philippine government as provided for in the Philippine-US Visiting Forces Agreement (VFA)? The undersecretaries of the Department of Foreign Affairs, when asked by Senator Miriam Defensor Santiago, admitted that the US government did not make a formal request of waiver of custody, which is required under the VFA.
Since the Philippine authorities did not make an immediate arrest, and the accused are in US custody, it is now our government that must make a request for a “handover.”
There are many questions unanswered that have bearing not only on the case but also on the implementation and review of the VFA by our officials.
When the Marines were presented to former general Jose Calimlim, vice president of the Subic Bay Metropolitan Authority, did he inform them that a rape complaint had been filed against them and therefore they were under arrest?
Even if the US immediately took custody of the accused, why did not the Philippine government try to make an arrest by going to their commander or the US embassy?
The VFA states that the US can have immediate custody of their men ‘if they so request,” but the Philippines can make known its refusal or position in “extraordinary cases.” The US has no obligation to agree, but how the case will play out depends on how much the US values its relations with the Philippines. If the Americans think our government is a pushover, they will refuse to hand over their men. That is, unless a nationwide protest haunts them and the case becomes an international issue in the US press.
Under our law, a no-warrant arrest could have been done within a reasonable time after the woman filed the complaint. If the US Marines could have been arrested, they would have stayed in the Olongapo jail until their government made a formal request for custody. Then the people would have been satisfied that our officials are protecting our sovereignty and the dignity of Filipinos.
But as you can see, our officials were stymied by the might of a superpower and an ally against terrorism. The “little brown brother” psyche is very hard to shake off, indeed.
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RP asks for custody of six US Marines
THE Philippines has asked the United States for custody of six US Marines accused of raping a Filipino girl, Foreign Secretary Alberto Romulo said Monday.
The US Embassy has been notified that the Philippines has “primary jurisdiction” of the suspects who are now in the custody of the mission, Romulo said.
“The department has also formally asked the US Embassy to turn over the custody of the six accused to Philippine authorities,” Romulo said.
US authorities have invoked a “visiting forces agreement” treaty with the Philippines in keeping the accused. The pact protects US Marines in joint exercises here from prosecution for any crimes committed while on official duty.
The six had joined joint maneuvers in the former American naval base of Subic north of Manila when a 22-year-old girl accused them of raping her inside a van. The suspects are to appear before state prosecutors on Wednesday, and if a probable cause is established they will be formally charged and arrested.
Romulo said authorities were working overtime to “ensure any and all accused shall be tried under Philippine laws.
“The United States government has been made fully aware of the importance that the Philippine government and the Filipino people are giving to this case, as well as our sentiments and position that the Philippines has primary jurisdiction,” Romulo said.
The case has drawn widespread media attention in the former American colony and triggered anti-US street protests in Manila and in Subic.
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Gonzalez: Too late to take custody
Malaya on-line
JUSTICE Secretary Raul Gonzalez yesterday expressed doubt the government could take custody of the six US Marines suspected of raping a 22-year-old Filipina, saying it had already waived this right under the Visiting Forces Agreement.
"(We have already waived our right over the US Marines) when the US military attaché went there (at the SBMA) and asked custody… That’s understood that we have waived our custodial right over them," he said in an interview.
Gonzalez, in justifying the waiving of custodial right, said the government does not have to ask for their custody since it would be a waste of money.
"Why will you need custody for? Papakainin mo pa yan," he said, adding that a provision in the VFA stipulates that the government has to provide the suspects a place of detention acceptable to the Americans.
"Eh kung sabihin nila sa air-conditioned rooms ilagay? Gastos lang," he added. "Siyempre, if we’re the one (having) custody, we should pay (for everything), including their laundry."
He said the government could not force the United States to hand over the accused "unless we declare war on the Americans."
He reiterated that the government has already sent a formal note to the US for the turnover of the US Marines.
He said renegotiation on the custodial right takes 180 days based on the VFA provision.
Gonzales said only five suspects were identified in the charge sheet and that the sixth remains unidentified. Earlier reports said a Dominic Duplantis was not in the hired van and was not even identified by the victim.
Preliminary investigation is scheduled tomorrow.
Gonzalez said the presence of the suspects will be required when they submit their counter-affidavits. "They must be present, they cannot swear in absentia," he said.
DFA Undersecretary Zosimo Paredes, executive director of the Presidential Commission on the Visiting Forces Agreement, said in an interview the decision of Timoteo Soriano, the driver of the van where the crime was allegedly committed on Nov. 1, to retract his affidavit that the victim was gang-raped has adversely affected the case.
"His (Soriano) testimony is very vital. He is the only the star witness," Paredes said.
In his retraction, Soriano denied having said anything about gang rape and that he did not see what was going on at the back of the van.
He said he was only forced by investigators to sign his earlier affidavit.
Paredes said he does not know the whereabouts of Soriano who is reportedly in hiding due to threats to his life.
"I don’t know where he is. The SBMA (Subic Bay Metropolitan Authority) should know," he added.
Paredes also said the government cannot force the US to relinquish custody of the accused servicemen.
"Under the provisions, the way it’s worded, Philippine authorities can make a position regarding custody and the US authorities will take it into full account. That could mean anything. It can mean rejection," he said.
"So definitely we cannot force them. That’s why the VFA is replete with vague provisions, so many undefined, like what’s the definition of extraordinary case? What is meant by taking into full account?" he added.
Paredes said he believes government should have fought for custody from the start.
Paredes said he expects a response from the US embassy on the government’s request for transfer of custody before the preliminary investigation begins on Nov. 23.
"Personally, my gut feel, we will get the reply before the 23rd, or at the latest before the case is filed, if ever, in court after the preliminary investigation," he said.
Foreign Affairs Secretary Alberto Romulo said the primary interest of the government is to ensure that justice prevails and that the rights and welfare of the victim are secured.
"Working closely with the Department of Justice, we are taking every effort to ensure any and all accused shall be tied under Philippine laws and, if found guilty, will be answerable for their crimes under Philippine laws," he said in a press briefing. – JP Lopez and Marilou Jumilla
A ranking official of the Presidential Commission on the Visiting Forces Agreement (VFACOM) yesterday admitted that the case against the six US Marines accused of raping a Filipina in Subic last Nov. 1 is getting weaker.
VFACOM Executive Director Zosimo Paredes, who is also a lawyer, explained that the prosecution suffered a blow with the retraction of Timeteo Soriano, the driver of the van where the rape was supposed to have taken place.
“From my legal point of view the case has weakened based on the testimony of the witness (Soriano) because he was the star witness,” Paredes said.
In the meantime, Paredes said that he does not know the whereabouts of Soriano.
Paredes said that Soriano corrected his earlier affidavit that he witnessed the rape of the victim.
Soriano pointed out that he never witnessed the supposed rape and was only forced by investigators to sign the earlier affidavit.
Meanwhile, Paredes agreed to Sen. Miriam Santriago’s call to amend provisions of the VFA.
“We have to accept that there is somewhat a vagueness in the VFA which needs clarification so that it will not be misinterpreted,” Paredes said.
The official explained that there are many vague provisions in the VFA and pointed out the need for definition of terms. (Jeffrey G. Damicog, Tempo)
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3 more Subic rape witnesses emerge
By Marna H. Dagumboy, Sun Star
CAMP OLIVAS -- Three more witnesses to the alleged gang rape by six US Marines of a 22-year-old Filipino woman at the Subic Bay Freeport in Olongapo City emerged Monday and gave their testimonies to the investigating panel.
The witnesses include two security guards and a lady receptionist at the Neptune Disco Bar, who voluntarily gave a blow-by-blow account of the incident that transpired inside the establishment last November 1.
Their identities are withheld for security reasons.
One of the witnesses said that at about 11:30 p.m. last November 1, he saw a group of foreigners assisting a woman into a green van. He even heard one of the foreigners yelling, "She's with me, we gonna go now."
The group, the witness said in his sworn affidavit, rushed out of the Neptune Disco Bar.
A 25-year-old lady receptionist and a freshman computer student, meanwhile, told investigators she saw a woman going out of the bar at around 11:30 p.m., accompanied by an American.
Another security guard detailed at the Neptune Bar noticed the presence of the Americans and other guests on November 1.
The accused, later identified as Lance Corporal Daniel Smith, Lance Corporal Keith Silkwood, Chad Carpenter, Corey Burris, Albert Lara and Dominic Duplantis, all members of the 31st Marine Expeditionary Unit (31st MEU) stationed in Okinawa, Japan, will be facing preliminary investigation on Wednesday.
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DUE TO WITNESS' WITHDRAWAL OF TESTIMONY
By Michaela P. del Callar
A government official yesterday said the government's case against six US Marines being accused of rape by a Filipino woman 'has weakened' after the key witness to the incident recanted some of his statements that would directly implicate the American servicemen to the alleged crime.
'From my legal point of view the case has weakened,' Undersecretary Zosimo Paredes, Executive Director of the Presidential Commission on the Visiting Forces Agreement (VFA), said when asked by reporters how witness Timoteo Soriano's modification of his previous statements would affect the case against the US soldiers.
Soriano, the driver of the van where the alleged rape took place last Nov. 1, had modified his earlier statement that the victim was gang-raped.
He denied having said gang rape and that he never witnessed the supposed rape. He said he was forced by police investigators to sign a pre-accomplished affidavit.
Soriano has reportedly gone into hiding after allegedly receiving threats to his life.
'(He is) very vital to the case, he is the only one, the star witness,' Paredes said.
The servicemen, who are being accused of raping a 22-year-old Filipino woman in Subic Bay, Olongapo City in Zambales province last Nov. 1, are currently under the custody of the US Embassy in Manila.
They were part of some 4,000 US troops who participated in a joint military exercise with Filipino counterparts in the Central Luzon province last month.
For his part, Foreign Affairs Secretary Alberto Romulo yesterday said the government is still awaiting response from US officials on its request for the turnover of the custody of the six US servicemen.
Manila has not received a reply from Washington since the note verbale or diplomatic note asking for the custody of the accused was transmitted to the US Embassy Wednesday last week.
'The United States government has been made fully aware of the importance that the Philippine government and the Filipino people are giving this case, as well as our sentiments and position that the Philippines has primary jurisdiction and that Philippine laws shall govern (over the case),' Romulo said.
He said the government is taking 'every effort to ensure any and all accused shall be tried under Philippine laws' and that they will be answerable for their crimes under Philippine laws if found guilty.
Paredes, who has been speaking to US Embassy officials, said Manila may get a reply on the custody plea before the preliminary investigation set for tomorrow.
'Or at the latest, before the case is filed, if ever in court after the preliminary investigation,' he said.
A preliminary investigation on the complaint filed by the Filipino victim has been set for tomorrow and on the 26th in Olongapo City.
The accused have been identified as Daniel Smith, Albert Lara, Keith Silkwood, Corey Barris, Chad Carpenter and Dominic Duplantis.
Meanwhile, cause-oriented groups are set to hold a vigil-rally today and tomorrow in Olongapo during the preliminary hearing of the rape case at the Olongapo City Prosecutors Office.
Bagong Alyansang Makabayan (Bayan) secretary general Renato Reyes said his group, together with the women's rights group Gabriela and other cause-oriented organizations, will be conducting a vigil and a rally today and tomorrow to voice out support for the victim in the rape case.
'We will go to Olongapo to show our support for the victim and her family and to show the government that the people are closely watching the developments of the case. Public opinion is very important at this point because it is the only deterrent we have against possible maneuvers by the US government (in the case),' Reyes said.
The activist leader also criticized President Arroyo for failing to raise the Subic rape issue involving US troops during her meeting with US President George W. Bush at the Asia Pacific Economic Conference summit in Busan, South Korea on Saturday.
'Mrs. Arroyo talks tough on terror but is soft when it comes to upholding national interest. It is a shame that she did not even mention the rape issue to the US President. It could have been an occasion to impress upon the US government that the rape issue is important to the Philippines,' Reyes said.
News reports said Mrs. Arroyo and Bush strictly discussed trade and economic issues during the Busan event.
The militant group had also earlier accused the DFA of virtually providing an 'escape route' for the six American suspects after Paredes reportedly conceded that the Philippine government cannot compel the US to keep the suspects in the country.
'Paredes should be sacked for selling out our national interest in the issue of the rape case against the US troops. He is acting as if he were the counsel of the six Marines...He has served them an escape plan on a silver platter,' Bayan chairman Carol Araullo had said.
Bayan and its allied groups have called for the junking of the VFA which is seen by some sectors as granting virtual immunity for US troops who commit criminal offenses in the Philippines.
Forged in 1999, the VFA governs the actions of visiting US forces when attending joint military exercises with their Filipino counterparts in the Philippines.
The Public Interest Law Center had recently asserted that the VFA is useless in protecting the rights of Filipinos victims of US soldiers' abuses. With Mel Cabigting
They are expected to submit their respective counter-affidavits on the same day. (Sun.Star Pampanga/Sunnex)
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74 kasong rape vs US servicemen napawalang-sala sa Gapo
Ang Pilipino STAR Ngayon 11/22/2005
OLONGAPO CITY – May kabuuang 106 na kaso ng panghahalay laban sa Pinay ang naitala sa Olongapo City Prosecutors Office simula noong 1986 hanggang 1992 kung saan pawang mga US military servicemen ang naging sangkot.
Ito ang napag-alaman base sa report na nakalap ng PSN na naitala ng record section ng prosecutors office ng Olongapo City kung saan lahat nang naisampang kasong rape laban sa mga Amerikanong sundalo noong panahon ng dating Subic Bay Naval Base ay pawang na-dismissed at walang naparusahan o na-convict man lamang ni isa sa mga akusadong Kano.
Sa 90-kaso ng rape na naisampa sa prosecutors office para sa preliminary investigation, ay aabot lamang sa 16 kaso lamang ang pormal na naiakyat sa mababang korte.
Karamihan sa Pinay na biktima ng rape ay mga tindera at kahera lamang sa mga club at commissary sa loob ng Subic Naval Base na pinaniniwalaang inimbita lamang lumabas ng mga suspek na Kano para mamasyal, subalit nauuwi sa panghahalay.
Isa sa biktimang itinago sa pangalang Alexandra na kahera sa isang commissary sa Subic Bay Freeport na hinalay ng isang US Airforce personnel matapos siyang imbitahan na mamasyal at magbar-hopping sa Magsaysay drive sa nasabing lungsod.
Gaya rin ni Alexandra ay inireklamo n’ya ng kasong rape sa prosecutors office ang suspek na Kano noong 1987, subalit bago pa makarating sa korte ay agad na na- dismiss ang nasabing kaso.
Subalit ipinaliwanag nito na naidaan sa pag-aayos ng magkabilang panig sa pamamagitan ng paglalaan ng pera bilang pambayad sa nangyaring insidente ng panghahalay na hindi naitanggi ni Alexandra dahil sa pangangailangan din ng pera.
Nabatid din na kayat walang naparusahang mga suspek sa kaso ng panghahalay ay dahil sa agad na inaagapan ng mga ito ang pagbibigay ng madaliang settlement, kung kaya’t umuurong na ang mga biktima kaso.
Samantala, preparado na ang mga kawani ng Olongapo City Prosecutors Office para sa unang pagdinig sa kasong panggagahasa ng anim na US Marines laban sa isang 22-anyos na Pinay sa itinakdang preliminary investigation bukas (Nobyembre 23, 2005).
Nabatid na noong nakalipas na Biyernes, Nobyembre 18, 2005, ay pormal na nagsampa sa prosecutors office ng motion for cancellation on preliminary hearing ang Sisip-Salazar-Hernandez-Gatmaitan law office, tumatayong taga-depensa nina Corey Burris at Albert Lara, subalit mabilis na tinanggihan ang nasabing mosyon ni City Asst. Prosecutor Raymund C. Viray.
Kabilang sa magtatanggol sa mga akusadong sina Daniel Smith ay ang Formosa-Navarro-Formosa law office, Rodrigo-Berendiel-Gono law firm para naman kay Brian Carpentier at ang Coloso-Chica and Associates law office para naman kina Keith Silkwood at Dominic Duplantis. (Jeff Tombado)
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Lucid Interval : Silence in Subic
By Rowena Guanzon, INQ7.net
NOT A WHISPER of protest can be heard from the people or the elected officials of Olongapo city, where a 22-year-old woman said US servicemen raped her in the Subic Bay Freeport Zone on Nov. 1. Along with Clark Field in Pampanga province, Olongapo was host to the US military bases for 40 years until the Philippine Senate voted against renewing a treaty that allowed American military bases in the country.
Most people in Olongapo had enjoyed many years of commercial benefit from American servicemen in the past, and that has numbed their senses. The city's economy was boosted by the dollars the Americans spent for rest and recreation in bars, clubs and hotels. Anything and everything that the servicemen wanted was for sale, including women’s bodies. Although the US military base has been closed and its facilities dismantled since 1991, Olongapo’s businesses still benefit today from the visiting US servicemen who are in the country for military exercises.
If the officials of Olongapo are slow to react to the rape of a Filipina, it is because of their collective belief that howling a protest is not good for Philippine-US diplomatic relations, which they think they have a duty to protect as host. Another reason is that the woman is not from Olongapo. Still another reason is, in a city where a number of women are sexually prostituted, a charge of rape is viewed with disbelief. If the woman had worked in the bar, everyone, especially her employer, would now be convincing her to withdraw her complaint.
In contrast, the people and the governor of Okinawa were outraged when three American servicemen kidnapped and raped a 12-year-old schoolgirl in 1995. People carried placards that said, “American animals get out of Okinawa!” The governor was outspoken against the US military base, which occupied one-fifth of his province.
All three US servicemen were convicted and served seven years in Okinawa prison. They were Navy Seaman Marcus Gill of Woodville, Texas, Marine Pfc. Rodrico Harp of Griffin, Georgia, and Marine Pfc. Kendrick Ledet of Waycross, Georgia.
The three were immediately arrested before the US authorities arrived, and the governor of Okinawa refused to give them custody. The people of Okinawa followed the case to the end, and many felt that the sentence of seven years was too light.
As if that was not lesson enough for American servicemen, in 2001 Marine Sergeant Woodlands was convicted of raping a 24-year-old Okinawa woman on the hood of a car in a parking building. Woodlands’ defense was that the sexual contact was consensual, but the woman testified that Woodlands grabbed her from behind, and that she banged the hood of the car with both her fists, so how could the accused have not understood her resistance? While on trial, Woodlands was detained in Okinawa.
In both cases in Okinawa, the US did not request for custody of the accused. So why is the US treating our country differently?
Why isn’t the US handing over the Marines and any evidence that they can acquire to the Philippine government as provided for in the Philippine-US Visiting Forces Agreement (VFA)? The undersecretaries of the Department of Foreign Affairs, when asked by Senator Miriam Defensor Santiago, admitted that the US government did not make a formal request of waiver of custody, which is required under the VFA.
Since the Philippine authorities did not make an immediate arrest, and the accused are in US custody, it is now our government that must make a request for a “handover.”
There are many questions unanswered that have bearing not only on the case but also on the implementation and review of the VFA by our officials.
When the Marines were presented to former general Jose Calimlim, vice president of the Subic Bay Metropolitan Authority, did he inform them that a rape complaint had been filed against them and therefore they were under arrest?
Even if the US immediately took custody of the accused, why did not the Philippine government try to make an arrest by going to their commander or the US embassy?
The VFA states that the US can have immediate custody of their men ‘if they so request,” but the Philippines can make known its refusal or position in “extraordinary cases.” The US has no obligation to agree, but how the case will play out depends on how much the US values its relations with the Philippines. If the Americans think our government is a pushover, they will refuse to hand over their men. That is, unless a nationwide protest haunts them and the case becomes an international issue in the US press.
Under our law, a no-warrant arrest could have been done within a reasonable time after the woman filed the complaint. If the US Marines could have been arrested, they would have stayed in the Olongapo jail until their government made a formal request for custody. Then the people would have been satisfied that our officials are protecting our sovereignty and the dignity of Filipinos.
But as you can see, our officials were stymied by the might of a superpower and an ally against terrorism. The “little brown brother” psyche is very hard to shake off, indeed.
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RP asks for custody of six US Marines
THE Philippines has asked the United States for custody of six US Marines accused of raping a Filipino girl, Foreign Secretary Alberto Romulo said Monday.
The US Embassy has been notified that the Philippines has “primary jurisdiction” of the suspects who are now in the custody of the mission, Romulo said.
“The department has also formally asked the US Embassy to turn over the custody of the six accused to Philippine authorities,” Romulo said.
US authorities have invoked a “visiting forces agreement” treaty with the Philippines in keeping the accused. The pact protects US Marines in joint exercises here from prosecution for any crimes committed while on official duty.
The six had joined joint maneuvers in the former American naval base of Subic north of Manila when a 22-year-old girl accused them of raping her inside a van. The suspects are to appear before state prosecutors on Wednesday, and if a probable cause is established they will be formally charged and arrested.
Romulo said authorities were working overtime to “ensure any and all accused shall be tried under Philippine laws.
“The United States government has been made fully aware of the importance that the Philippine government and the Filipino people are giving to this case, as well as our sentiments and position that the Philippines has primary jurisdiction,” Romulo said.
The case has drawn widespread media attention in the former American colony and triggered anti-US street protests in Manila and in Subic.
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Gonzalez: Too late to take custody
Malaya on-line
JUSTICE Secretary Raul Gonzalez yesterday expressed doubt the government could take custody of the six US Marines suspected of raping a 22-year-old Filipina, saying it had already waived this right under the Visiting Forces Agreement.
"(We have already waived our right over the US Marines) when the US military attaché went there (at the SBMA) and asked custody… That’s understood that we have waived our custodial right over them," he said in an interview.
Gonzalez, in justifying the waiving of custodial right, said the government does not have to ask for their custody since it would be a waste of money.
"Why will you need custody for? Papakainin mo pa yan," he said, adding that a provision in the VFA stipulates that the government has to provide the suspects a place of detention acceptable to the Americans.
"Eh kung sabihin nila sa air-conditioned rooms ilagay? Gastos lang," he added. "Siyempre, if we’re the one (having) custody, we should pay (for everything), including their laundry."
He said the government could not force the United States to hand over the accused "unless we declare war on the Americans."
He reiterated that the government has already sent a formal note to the US for the turnover of the US Marines.
He said renegotiation on the custodial right takes 180 days based on the VFA provision.
Gonzales said only five suspects were identified in the charge sheet and that the sixth remains unidentified. Earlier reports said a Dominic Duplantis was not in the hired van and was not even identified by the victim.
Preliminary investigation is scheduled tomorrow.
Gonzalez said the presence of the suspects will be required when they submit their counter-affidavits. "They must be present, they cannot swear in absentia," he said.
DFA Undersecretary Zosimo Paredes, executive director of the Presidential Commission on the Visiting Forces Agreement, said in an interview the decision of Timoteo Soriano, the driver of the van where the crime was allegedly committed on Nov. 1, to retract his affidavit that the victim was gang-raped has adversely affected the case.
"His (Soriano) testimony is very vital. He is the only the star witness," Paredes said.
In his retraction, Soriano denied having said anything about gang rape and that he did not see what was going on at the back of the van.
He said he was only forced by investigators to sign his earlier affidavit.
Paredes said he does not know the whereabouts of Soriano who is reportedly in hiding due to threats to his life.
"I don’t know where he is. The SBMA (Subic Bay Metropolitan Authority) should know," he added.
Paredes also said the government cannot force the US to relinquish custody of the accused servicemen.
"Under the provisions, the way it’s worded, Philippine authorities can make a position regarding custody and the US authorities will take it into full account. That could mean anything. It can mean rejection," he said.
"So definitely we cannot force them. That’s why the VFA is replete with vague provisions, so many undefined, like what’s the definition of extraordinary case? What is meant by taking into full account?" he added.
Paredes said he believes government should have fought for custody from the start.
Paredes said he expects a response from the US embassy on the government’s request for transfer of custody before the preliminary investigation begins on Nov. 23.
"Personally, my gut feel, we will get the reply before the 23rd, or at the latest before the case is filed, if ever, in court after the preliminary investigation," he said.
Foreign Affairs Secretary Alberto Romulo said the primary interest of the government is to ensure that justice prevails and that the rights and welfare of the victim are secured.
"Working closely with the Department of Justice, we are taking every effort to ensure any and all accused shall be tied under Philippine laws and, if found guilty, will be answerable for their crimes under Philippine laws," he said in a press briefing. – JP Lopez and Marilou Jumilla
posted by OlongapoCity Zambales at
7:21 AM
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