Subic rape witness hides
Timoteo Soriano Jr., the driver of the van where six US marines allegedly raped a Filipina, said on Saturday that he and his family have gone into hiding because of threats to implicate him in the case.
Interviewed on DZMM radio, Soriano said investigator Pyke Torres punched him twice and threatened to involve him in the case if he did not sign an affidavit accusing the Americans of raping a 22-year-old woman in the Subic Free Port.
"Naguguluhan din ang asawa ko. 'Di na pumapasok [sa eskwelahan] ang anak ko. Ang daming naghahanap na taga-media . . . hindi na ako maka-commit (My wife is also confused. My child has stopped going to school. The media are looking for me . . . I cannot make commitments anymore)," Soriano said.
He denied allegations he had been bribed to change his testimony on what happened inside the van on November 1. He insisted that he did not issue two conflicting statements on the alleged rape.
"I am removing the words rape and gang rape because I cannot prove that the woman was raped, as I did not witness the crime. I am only telling the truth," he said.
Soriano said there were only five US marines in the van and the sixth passenger was the Filipina whom the soldiers had met in a karaoke bar.
He said the woman appeared lucid when she boarded the van and sat beside the marine he identified as Daniel Smith.
He said that while he was driving, he heard the woman argue with Smith because the marine called her a sex worker.
Soriano said four of the marines and the Filipina later got off the van and the soldier Chad Carpentier stayed in the van.
He said when the marines opened the door of the van, he saw that the woman’s pants were pulled down to her knees.
"May suot siya [Filipina] na pang-itaas . . . tinaas nila [marines] ’yung pantalon niya [The Filipina had a shirt on . . . the marines pulled up her pants," he said, adding that his passengers were all drunk at that point.
Asked to describe the Filipina’s reaction when she was being led out of the van, he said, "'Di naman s'ya galit, 'di naman s'ya umiiyak (She was not mad and she wasn’t crying)."
Soriano said he was sure other people witnessed the alleged rape.
He said Carpentier asked him to drive back to the Neptune Bar after dropping off the four marines and the woman.
Justice Secretary Raul M. Gonzalez warned that Soriano faces charges of perjury if he withdraws or changes his testimony.
In his affidavit Soriano swore there was evidently rape because the Filipina was crying, shouting and struggling as "Sergeant Smith" was violating her.
The woman was found unconscious on the roadside. Medicolegal findings showed abrasions and bruises in her body.
The Olongapo City prosecutor set a preliminary hearing of the rape case on November 23 and 29.
The Department of Justice sent the summons for the investigation to the Department of Foreign Affairs, which will serve them on the US Embassy.
Named respondents were Smith, Carpentier, Keith Silkwood, Albert Lara, Dominic Duplantis and Corey Barris. They are reportedly detained at the US Embassy in Manila.
US marine Capt. Burrel Parmer, the public affairs officer of the 3rd marine expeditionary unit, said the US Navy is conducting a parallel investigation into the alleged rape. The Manila Times
===
Cop forced me to cry gang rape, says van driver
By Cynthia D. Balana, Inquirer News Service
THE DRIVER of the van in which a 22-year-old Filipino woman was allegedly raped by five American Marines at the Subic Freeport yesterday claimed he was punched twice by a police officer who wanted him to say that he had witnessed a gang rape.
Timoteo Soriano Jr., the driver of the Kia Starex van rented by the suspects, was interviewed by Vice President Noli de Castro on the latter’s dzMM radio program yesterday to clarify reports that he was taking back the statement that he had given to the police earlier.
Soriano told De Castro that he never told Fyke Torres, the police investigator who took down his statement, that he had witnessed the victim being “gang-raped” by the US Marines on Nov. 1.
“What I’m denying is the term ‘gang rape.’ I never said anything to the police about gang rape. But Fyke Torres punched me twice in the back and said he would charge me as an accomplice to rape if I denied the gang rape. What I’m saying is, I never said anything about gang rape, and I never witnessed the rape,” Soriano said in Filipino.
He said two representatives from the United States Embassy -- one of whom was an American and the other a Filipino saw Torres punch him.
Soriano stressed that only five Marines, not six as earlier reported, had ridden in his van, along with the victim.
The US Embassy, however, has taken into custody six US servicemen allegedly involved in the crime. They are Chad Carpentier, Daniel Smith, Corey Burris, Albert Lara, Keith Silkwood and Dominic Duplantis. The six participated in the recent joint military exercises with the Philippine military.
Drinking, hugging
According to Soriano’s account, he saw the victim with Smith at the Neptune Bar in Subic and that the two were “drinking and hugging.”
The two, along with a number of other guests at the bar, were doing “dirty dancing” on the dance floor, he said.
The victim, Smith and four other US servicemen came out of the bar, walked to his van, and asked him to drive them, Soriano said.
Asked if the victim was drunk, Soriano said in Filipino: “She was walking straight when she left the bar.”
When he asked the group where they wanted to go, one of the Americans told him, “Just drive.”
On the road, Soriano said he heard the girl and Smith arguing. He said Smith called her a “bitch” and the girl retorted that she was not one. There was silence afterward.
View blocked
Soriano said he could not see what was happening as it was dark inside the van. When he did try to steal a glance through the rearview mirror, the backs of the four other Americans who were seated behind him blocked his view, he said.
“As they were getting off, one of the soldiers said, ‘I’m done.’ The four Americans got off first. Then I saw the girl’s trousers were down but she was still wearing her shirt. The Americans helped her draw up her pants and then they all left the van,” he said in Filipino.
Asked by De Castro if the girl was crying, Soriano said she was not. He said he and Carpentier then returned to Neptune Bar.
Soriano said his family had gone into hiding as they were being hounded by the media.
He also stressed that there had been no offer to him of any kind from the US Embassy in exchange for his retraction.
“I am not recanting what I said. What I am denying is the term gang rape because I never said that and I never saw it happen,” he said.
Too trusting
In Zamboanga City, people who knew the 22-year-old victim and her family said she was too “trusting” and that may have led to the rape.
A former male classmate and a girlfriend, who asked not to be named, said the victim was timid and shy though quick to make friends.
They said the victim’s family ran an eatery in the Southern Command military headquarters in Zamboanga City.
The mother is a civilian employee at Southcom while the stepfather is a retired naval officer.
“No doubt she was befriended by many Americans and probably she trusted them so much, that’s why she was abused,” the former classmate said.
“She used to associate with some US personnel here and she must have presumed that she’ll be safe with the rest,” the girlfriend said.
Strong person
The former classmate said the victim “never starts a conversation.”
“But once she gets to know you, she’ll take you as a friend and become too trusting,” he said.
The girlfriend described the alleged victim as a “strong person.”
“She has a big, authoritative voice. Once she speaks, everyone listens,” she said.
She said her friend was not “fast,” and never wore revealing getups.
“She’s the typical shirt-and-jeans person,” the friend said. With a report from Julie S. Alipala, PDI Mindanao Bureau
===
Bunye: Palace will not let US marines leave RP
By WILLIAM B. DEPASUPIL, The Manila Times Reporter
The Philippine government will oppose plans to bring out of the country the six US marines charged with raping a 22-year-old Filipina in Subic Free Port on November 1, Press Secretary Ignacio Bunye said on Saturday.
Bunye was clarifying news reports that Malacañan has given its approval to transfer the marines from the US Embassy to the US military base in Okinawa, Japan.
Under the Visiting Forces Agreement the US takes custody of the American marines who run afoul of Philippine laws, while the Philippines maintains criminal jurisdiction over them.
In its banner story Saturday, The Times quoted what Bunye said at a press briefing on Friday—that the Palace will not stop the US government from transferring the six marines out of the country.
Bunye said at that briefing that US authorities can fly the marines to Okinawa in Japan where their unit is stationed as long as they assured the Commission on the Visiting Forces Agreement that the six will come back to attend court proceedings in the Philippines.
On Saturday, however, Bunye said, "The reports that the Palace has cleared the transfer of the accused US marines to Okinawa are erroneous, and I ask that they be corrected in the interest of fairness."
"The government’s stand is consistent and has not changed—we will pursue justice for the victim to the fullest extent under our sovereign prerogatives," he said.
The accused marines had reportedly asked to be transferred to Okinawa.
The same report said US authorities assured the government that the six would be made available during the trial if their request for transfer is approved.
Bunye also pointed out that the alleged rape case would be tried in the Olongapo City Regional Trial Court. "The transfer of the trial [from Olongapo] is out of the question," he said.
Bunye said the US marines could not hide behind the VFA if they are found guilty.
"It’s a wrong interpretation of the VFA," he said, clarifying insinuations that under the agreement, American marines cannot be held liable for crimes committed in the country.
Justice Secretary Raul M. Gonzalez said Friday the President ordered him to oppose any effort to transfer the six marines before the trial is over.
Gonzalez said the President ordered the prosecutors handling the rape case "to protect the dignity of the country."
The US government, through its Manila Embassy Chargé d’Affaires, Paul Jones, has said it is willing to cooperate in the case and has no intentions of transferring the six to Okinawa.
The VFA between the Philippines and the US provides the legal framework for the treatment of American marines who are in the country to hold military exercises with Filipino troops.
===
Erap: Rape case not a reason to scrap the VFA
By BRENDA PIQUERO TUAZON
Former President Joseph Estrada yesterday said the alleged crime of six United States marines is not the sin of the entire American nation, and therefore should not be made the yardstick for scrapping the Visiting Forces Agreement (VFA).
The detained opposition leader said the alleged crime of rape imputed against the American servicemen should not be taken as an indictment of the entire American government and its more than 350 million citizens.
"Let not the crime of a few bring dishonor to the majority of American servicemen who are here to help us improve our defense effort," said Estrada.
Instead, he asked for a less inflammatory way of rapidly moving towards a resolution of the alleged rape of a 22-year-old Filipino woman by six marines while off-duty following joint exercises with Filipino soldiers.
Estrada aired confidence that the handling of the case will be in accordance with the provisions of the VFA, stressing that he firmly believes that both countries would treat the matter according to the rules laid out under the accord.
"The VFA is the implementing mechanism of the 1951 Mutual Defense Treaty, and is the bedrock to secure the integrity of our territorial boundaries and integrity. Let not the alleged crime of a few be allowed to disturb the enduring relations between our two countries," Estrada said.
It was Estrada who pushed for the ratification of the VFA by the Philippine Senate in 1999 against intense opposition from left-wing and militant groups to strengthen the security partnership of both countries under the 1951 Mutual Defense Treaty.
In pushing for the VFA ratification, Estrada bolstered his stand on the importance of the military accord for sustained regional peace and stability needed to nourish the emerging economic growth areas in the Asia-Pacific rim.
"The accord does not only speak of the majesty of RP-US historical bond and military alliance under the 1951 Mutual Defense Treaty, but the crucial role it plays in the security of the Philippines’ territorial boundaries with the rest of Southeast Asia and East Asian nations," said Estrada.
He explained that the region still continues to face uncertainties in the aftermath of the Cold War, hence "the need to sustain the economic progress gained by our brothers in the Asian-Pacific rim."
"The Philippines, as a responsible member of the family of nations has a responsibility to help maintain peace and security in the region," Estrada said while citing the need to continue respecting the RP-US military alliance.
Under the 1951 defense treaty, both countries are obliged to help each other in case of an armed attack, and, according to Estrada, military assistance by the US should be welcomed to prop up the weak military posture of the Philippines.
The VFA was aimed to provide only for joint RPUS military training exercises and future visits by US military planes and warships without any guarantee of any permanent stay of American forces in the country, he said.
Estrada cited the Philippine government’s need to enter into, and respect the military agreement with the US under the 1951 defense treaty "to safeguard the security of our territorial rights and interests in coping with external threats considering the obsolete military hardware of the Armed Forces of the Philippines (AFP)."
He said that until such time that the Philippines develops a credible military strength, the country needed to rely on the US for external defense in coping with any foreign threat.
In seeking Senate ratification of the VFA in 1999, Estrada resisted pressures from church leaders and militant groups blocking the military agreement, saying that as President, he was sworn to defend the territorial terrain and integrity of the country and the Filipino people.
Bunye: Transfer of rape case trial is ‘out of the question’
By GENALYN D. KABILING
Malacañang yesterday ruled out the transfer of the rape trial against six American servicemen outside the country.
Press Secretary Ignacio Bunye said the government will insist on taking jurisdiction over the group of US Marines charged with raping a young Filipina in Subic Freeport on Nov. 1.
"The stand of the government is consistent and has not changed — we will pursue justice for the victim to the fullest extent under our sovereign prerogatives," he said in a statement. "The transfer of trial is out of the question."
Bunye disputed some reports that the President will agree to the transfer of the accused US Marines to Okinawa, Japan where their unit is stationed.
"I ask that they be corrected in the interest of fairness," he said.
The six Americans who allegedly committed the crime while off duty after participating in joint military exercises in the former US naval base are now in the custody of the US embassy.
Under the Visiting Forces Agreement (VFA), the Philippines has criminal jurisdiction over the erring Marines while the US maintains custody.
Malacañang has already rejected calls to abolish the agreement allowing the joint RP-US military exercises despite the rape case.
As this developed, President Arroyo’s allies in the House of Representatives urged her yesterday to appoint a spokesman on the rape case against six American servicemen so as to avoid confusing statements made by Philippine government officials.
Lakas Reps. Joel Mayo Almario of Davao Oriental and Marcelino Libanan of Eastern Samar said they were bothered that the contradictory statements of government officials over the rape case could trigger diplomatic problems between the Philippines and the United States.
They also warned that the conflicting statements could jeopardize the case against the six US Marines who allegedly raped a 22-year-old Filipina in Subic last Nov. 1.
The two lawmakers noted that while Subic Bay Metropolitan Authority (SBMA) deputy administrator Jose Calimlim said that the US Embassy in Manila is considering transferring the rape suspects in its custody to Okinawa, Japan, Justice Secretary Raul Gonzalez said there was no request made for a transfer.
Considering that the rape case is a legal and diplomatic matter, Almario and Libanan suggested that the President designate a spokesman on the case preferably from the Department of Justice or Department of Foreign Affairs.
Almario said that whoever is chosen as spokesman, he or she alone must talk about the rape case on behalf of the government.
"There should be a well-coordinated effort to ventilate the government position on issues concerning the rape case," Almario said. (with a report by Edmer F. Panesa)
Joker: US must keep 6 Marines on Philippine soil
Sen. Joker Arroyo yesterday said the US government must keep the six US Marines on Philippine soil for "to spare the Philippines from embarrassment that it is utterly helpless in protecting our own womenhood from sexual terrorists and to spare the US from mounting calls for a review or a renegotiation of the VFA."
Arroyo said that as matters stand, the US position is not at all reassuring.
"All it has done so far is to limit itself to saying that they will produce the six US Marines whenever they are needed for trial. But they are now needed because the prosecutors have been waiting to conduct the formal investigation of the case but cannot proceed because of the absence of the sextet who may even be shipped to Okinawa."
He added: "The issue is one of moral leadership. The US, having anointed herself as the policeman of the world, is given to complaining about human rights violation of other countries, recently for instance, lecturing us about human trafficking in the Philippines. But when Americans get involved in human rights violations, like sexual terrorism, the US becomes very protective of its own and selective in the application of standards of justice and fairness."
===
Appoint spokesperson on Subic rape case, Palace urged
By Philip C. Tubeza, Inquirer News Service
ADMINISTRATION lawmakers on Saturday urged Malacañang to appoint a spokesperson on the rape case against six US Marines to avoid confusing statements from government officials.
Representatives Joel Mayo Almario (Lakas, Davao Oriental) and Marcelino Libanan (Lakas, Eastern Samar) said Malacañang could appoint someone from the Department of Justice or the Department of Foreign Affairs since the case is a legal and a diplomatic issue.
They warned that recent contradictory statements of government officials over the rape case might trigger diplomatic problems between the Philippines and the United States and could jeopardize the case against the US Marines.
Almario said that the spokesperson “alone must talk about the ins and outs of the rape case” on behalf of the government.
Libanan said the appointment of a spokesperson would ensure “a proper and clear ventilation” of government position on the rape case.
===
6 Kano lilitisin sa Olongapo
Ang Pilipino STAR Ngayon 11/13/2005
Sa Olongapo City at hindi sa Okinawa idaraos ang paglilitis sa anim na US Marines na akusado sa panggagahasa sa isang Pinay.
Ito ang paglilinaw ng Malacañang sa naglabasang mga ulat na binigyan ng pahintulot ni Pangulong Arroyo ang request ng Amerika na ilipat ang anim na sundalong Kano sa Okinawa, Japan.
"The transfer of trial is out of the question," ani Press Secretary Ignacio Bunye.
Ayon kay Bunye, hindi nagbabago ang paninindigan ng pamahalaan na isusulong ang paghahanap ng hustisya sa biktima sa sarili nating teritoryo.
Bilang reaksiyon, sinabi naman ni administration Sen. Joker Arroyo na dapat lamang panatilihin sa Pilipinas ang anim na sundalo dahil lalabas na hindi kayang protektahan ng pamahalaan ang ating kababaihan mula sa mga sexual terrorists.
Ani Sen. Arroyo, sa oras na makalabas ng bansa ang mga akusado, malamang hindi na umusad ang kaso laban sa mga ito.
Kung itatakas naman ng US gov’t ang kanilang mga kababayan ay tiyak na iinit ang usapin sa pagbasura ng Visiting Forces Agreement (VFA), wika ni Arroyo. (Lilia Tolentino/Rudy Andal)
Interviewed on DZMM radio, Soriano said investigator Pyke Torres punched him twice and threatened to involve him in the case if he did not sign an affidavit accusing the Americans of raping a 22-year-old woman in the Subic Free Port.
"Naguguluhan din ang asawa ko. 'Di na pumapasok [sa eskwelahan] ang anak ko. Ang daming naghahanap na taga-media . . . hindi na ako maka-commit (My wife is also confused. My child has stopped going to school. The media are looking for me . . . I cannot make commitments anymore)," Soriano said.
He denied allegations he had been bribed to change his testimony on what happened inside the van on November 1. He insisted that he did not issue two conflicting statements on the alleged rape.
"I am removing the words rape and gang rape because I cannot prove that the woman was raped, as I did not witness the crime. I am only telling the truth," he said.
Soriano said there were only five US marines in the van and the sixth passenger was the Filipina whom the soldiers had met in a karaoke bar.
He said the woman appeared lucid when she boarded the van and sat beside the marine he identified as Daniel Smith.
He said that while he was driving, he heard the woman argue with Smith because the marine called her a sex worker.
Soriano said four of the marines and the Filipina later got off the van and the soldier Chad Carpentier stayed in the van.
He said when the marines opened the door of the van, he saw that the woman’s pants were pulled down to her knees.
"May suot siya [Filipina] na pang-itaas . . . tinaas nila [marines] ’yung pantalon niya [The Filipina had a shirt on . . . the marines pulled up her pants," he said, adding that his passengers were all drunk at that point.
Asked to describe the Filipina’s reaction when she was being led out of the van, he said, "'Di naman s'ya galit, 'di naman s'ya umiiyak (She was not mad and she wasn’t crying)."
Soriano said he was sure other people witnessed the alleged rape.
He said Carpentier asked him to drive back to the Neptune Bar after dropping off the four marines and the woman.
Justice Secretary Raul M. Gonzalez warned that Soriano faces charges of perjury if he withdraws or changes his testimony.
In his affidavit Soriano swore there was evidently rape because the Filipina was crying, shouting and struggling as "Sergeant Smith" was violating her.
The woman was found unconscious on the roadside. Medicolegal findings showed abrasions and bruises in her body.
The Olongapo City prosecutor set a preliminary hearing of the rape case on November 23 and 29.
The Department of Justice sent the summons for the investigation to the Department of Foreign Affairs, which will serve them on the US Embassy.
Named respondents were Smith, Carpentier, Keith Silkwood, Albert Lara, Dominic Duplantis and Corey Barris. They are reportedly detained at the US Embassy in Manila.
US marine Capt. Burrel Parmer, the public affairs officer of the 3rd marine expeditionary unit, said the US Navy is conducting a parallel investigation into the alleged rape. The Manila Times
===
Cop forced me to cry gang rape, says van driver
By Cynthia D. Balana, Inquirer News Service
THE DRIVER of the van in which a 22-year-old Filipino woman was allegedly raped by five American Marines at the Subic Freeport yesterday claimed he was punched twice by a police officer who wanted him to say that he had witnessed a gang rape.
Timoteo Soriano Jr., the driver of the Kia Starex van rented by the suspects, was interviewed by Vice President Noli de Castro on the latter’s dzMM radio program yesterday to clarify reports that he was taking back the statement that he had given to the police earlier.
Soriano told De Castro that he never told Fyke Torres, the police investigator who took down his statement, that he had witnessed the victim being “gang-raped” by the US Marines on Nov. 1.
“What I’m denying is the term ‘gang rape.’ I never said anything to the police about gang rape. But Fyke Torres punched me twice in the back and said he would charge me as an accomplice to rape if I denied the gang rape. What I’m saying is, I never said anything about gang rape, and I never witnessed the rape,” Soriano said in Filipino.
He said two representatives from the United States Embassy -- one of whom was an American and the other a Filipino saw Torres punch him.
Soriano stressed that only five Marines, not six as earlier reported, had ridden in his van, along with the victim.
The US Embassy, however, has taken into custody six US servicemen allegedly involved in the crime. They are Chad Carpentier, Daniel Smith, Corey Burris, Albert Lara, Keith Silkwood and Dominic Duplantis. The six participated in the recent joint military exercises with the Philippine military.
Drinking, hugging
According to Soriano’s account, he saw the victim with Smith at the Neptune Bar in Subic and that the two were “drinking and hugging.”
The two, along with a number of other guests at the bar, were doing “dirty dancing” on the dance floor, he said.
The victim, Smith and four other US servicemen came out of the bar, walked to his van, and asked him to drive them, Soriano said.
Asked if the victim was drunk, Soriano said in Filipino: “She was walking straight when she left the bar.”
When he asked the group where they wanted to go, one of the Americans told him, “Just drive.”
On the road, Soriano said he heard the girl and Smith arguing. He said Smith called her a “bitch” and the girl retorted that she was not one. There was silence afterward.
View blocked
Soriano said he could not see what was happening as it was dark inside the van. When he did try to steal a glance through the rearview mirror, the backs of the four other Americans who were seated behind him blocked his view, he said.
“As they were getting off, one of the soldiers said, ‘I’m done.’ The four Americans got off first. Then I saw the girl’s trousers were down but she was still wearing her shirt. The Americans helped her draw up her pants and then they all left the van,” he said in Filipino.
Asked by De Castro if the girl was crying, Soriano said she was not. He said he and Carpentier then returned to Neptune Bar.
Soriano said his family had gone into hiding as they were being hounded by the media.
He also stressed that there had been no offer to him of any kind from the US Embassy in exchange for his retraction.
“I am not recanting what I said. What I am denying is the term gang rape because I never said that and I never saw it happen,” he said.
Too trusting
In Zamboanga City, people who knew the 22-year-old victim and her family said she was too “trusting” and that may have led to the rape.
A former male classmate and a girlfriend, who asked not to be named, said the victim was timid and shy though quick to make friends.
They said the victim’s family ran an eatery in the Southern Command military headquarters in Zamboanga City.
The mother is a civilian employee at Southcom while the stepfather is a retired naval officer.
“No doubt she was befriended by many Americans and probably she trusted them so much, that’s why she was abused,” the former classmate said.
“She used to associate with some US personnel here and she must have presumed that she’ll be safe with the rest,” the girlfriend said.
Strong person
The former classmate said the victim “never starts a conversation.”
“But once she gets to know you, she’ll take you as a friend and become too trusting,” he said.
The girlfriend described the alleged victim as a “strong person.”
“She has a big, authoritative voice. Once she speaks, everyone listens,” she said.
She said her friend was not “fast,” and never wore revealing getups.
“She’s the typical shirt-and-jeans person,” the friend said. With a report from Julie S. Alipala, PDI Mindanao Bureau
===
Bunye: Palace will not let US marines leave RP
By WILLIAM B. DEPASUPIL, The Manila Times Reporter
The Philippine government will oppose plans to bring out of the country the six US marines charged with raping a 22-year-old Filipina in Subic Free Port on November 1, Press Secretary Ignacio Bunye said on Saturday.
Bunye was clarifying news reports that Malacañan has given its approval to transfer the marines from the US Embassy to the US military base in Okinawa, Japan.
Under the Visiting Forces Agreement the US takes custody of the American marines who run afoul of Philippine laws, while the Philippines maintains criminal jurisdiction over them.
In its banner story Saturday, The Times quoted what Bunye said at a press briefing on Friday—that the Palace will not stop the US government from transferring the six marines out of the country.
Bunye said at that briefing that US authorities can fly the marines to Okinawa in Japan where their unit is stationed as long as they assured the Commission on the Visiting Forces Agreement that the six will come back to attend court proceedings in the Philippines.
On Saturday, however, Bunye said, "The reports that the Palace has cleared the transfer of the accused US marines to Okinawa are erroneous, and I ask that they be corrected in the interest of fairness."
"The government’s stand is consistent and has not changed—we will pursue justice for the victim to the fullest extent under our sovereign prerogatives," he said.
The accused marines had reportedly asked to be transferred to Okinawa.
The same report said US authorities assured the government that the six would be made available during the trial if their request for transfer is approved.
Bunye also pointed out that the alleged rape case would be tried in the Olongapo City Regional Trial Court. "The transfer of the trial [from Olongapo] is out of the question," he said.
Bunye said the US marines could not hide behind the VFA if they are found guilty.
"It’s a wrong interpretation of the VFA," he said, clarifying insinuations that under the agreement, American marines cannot be held liable for crimes committed in the country.
Justice Secretary Raul M. Gonzalez said Friday the President ordered him to oppose any effort to transfer the six marines before the trial is over.
Gonzalez said the President ordered the prosecutors handling the rape case "to protect the dignity of the country."
The US government, through its Manila Embassy Chargé d’Affaires, Paul Jones, has said it is willing to cooperate in the case and has no intentions of transferring the six to Okinawa.
The VFA between the Philippines and the US provides the legal framework for the treatment of American marines who are in the country to hold military exercises with Filipino troops.
===
Erap: Rape case not a reason to scrap the VFA
By BRENDA PIQUERO TUAZON
Former President Joseph Estrada yesterday said the alleged crime of six United States marines is not the sin of the entire American nation, and therefore should not be made the yardstick for scrapping the Visiting Forces Agreement (VFA).
The detained opposition leader said the alleged crime of rape imputed against the American servicemen should not be taken as an indictment of the entire American government and its more than 350 million citizens.
"Let not the crime of a few bring dishonor to the majority of American servicemen who are here to help us improve our defense effort," said Estrada.
Instead, he asked for a less inflammatory way of rapidly moving towards a resolution of the alleged rape of a 22-year-old Filipino woman by six marines while off-duty following joint exercises with Filipino soldiers.
Estrada aired confidence that the handling of the case will be in accordance with the provisions of the VFA, stressing that he firmly believes that both countries would treat the matter according to the rules laid out under the accord.
"The VFA is the implementing mechanism of the 1951 Mutual Defense Treaty, and is the bedrock to secure the integrity of our territorial boundaries and integrity. Let not the alleged crime of a few be allowed to disturb the enduring relations between our two countries," Estrada said.
It was Estrada who pushed for the ratification of the VFA by the Philippine Senate in 1999 against intense opposition from left-wing and militant groups to strengthen the security partnership of both countries under the 1951 Mutual Defense Treaty.
In pushing for the VFA ratification, Estrada bolstered his stand on the importance of the military accord for sustained regional peace and stability needed to nourish the emerging economic growth areas in the Asia-Pacific rim.
"The accord does not only speak of the majesty of RP-US historical bond and military alliance under the 1951 Mutual Defense Treaty, but the crucial role it plays in the security of the Philippines’ territorial boundaries with the rest of Southeast Asia and East Asian nations," said Estrada.
He explained that the region still continues to face uncertainties in the aftermath of the Cold War, hence "the need to sustain the economic progress gained by our brothers in the Asian-Pacific rim."
"The Philippines, as a responsible member of the family of nations has a responsibility to help maintain peace and security in the region," Estrada said while citing the need to continue respecting the RP-US military alliance.
Under the 1951 defense treaty, both countries are obliged to help each other in case of an armed attack, and, according to Estrada, military assistance by the US should be welcomed to prop up the weak military posture of the Philippines.
The VFA was aimed to provide only for joint RPUS military training exercises and future visits by US military planes and warships without any guarantee of any permanent stay of American forces in the country, he said.
Estrada cited the Philippine government’s need to enter into, and respect the military agreement with the US under the 1951 defense treaty "to safeguard the security of our territorial rights and interests in coping with external threats considering the obsolete military hardware of the Armed Forces of the Philippines (AFP)."
He said that until such time that the Philippines develops a credible military strength, the country needed to rely on the US for external defense in coping with any foreign threat.
In seeking Senate ratification of the VFA in 1999, Estrada resisted pressures from church leaders and militant groups blocking the military agreement, saying that as President, he was sworn to defend the territorial terrain and integrity of the country and the Filipino people.
Bunye: Transfer of rape case trial is ‘out of the question’
By GENALYN D. KABILING
Malacañang yesterday ruled out the transfer of the rape trial against six American servicemen outside the country.
Press Secretary Ignacio Bunye said the government will insist on taking jurisdiction over the group of US Marines charged with raping a young Filipina in Subic Freeport on Nov. 1.
"The stand of the government is consistent and has not changed — we will pursue justice for the victim to the fullest extent under our sovereign prerogatives," he said in a statement. "The transfer of trial is out of the question."
Bunye disputed some reports that the President will agree to the transfer of the accused US Marines to Okinawa, Japan where their unit is stationed.
"I ask that they be corrected in the interest of fairness," he said.
The six Americans who allegedly committed the crime while off duty after participating in joint military exercises in the former US naval base are now in the custody of the US embassy.
Under the Visiting Forces Agreement (VFA), the Philippines has criminal jurisdiction over the erring Marines while the US maintains custody.
Malacañang has already rejected calls to abolish the agreement allowing the joint RP-US military exercises despite the rape case.
As this developed, President Arroyo’s allies in the House of Representatives urged her yesterday to appoint a spokesman on the rape case against six American servicemen so as to avoid confusing statements made by Philippine government officials.
Lakas Reps. Joel Mayo Almario of Davao Oriental and Marcelino Libanan of Eastern Samar said they were bothered that the contradictory statements of government officials over the rape case could trigger diplomatic problems between the Philippines and the United States.
They also warned that the conflicting statements could jeopardize the case against the six US Marines who allegedly raped a 22-year-old Filipina in Subic last Nov. 1.
The two lawmakers noted that while Subic Bay Metropolitan Authority (SBMA) deputy administrator Jose Calimlim said that the US Embassy in Manila is considering transferring the rape suspects in its custody to Okinawa, Japan, Justice Secretary Raul Gonzalez said there was no request made for a transfer.
Considering that the rape case is a legal and diplomatic matter, Almario and Libanan suggested that the President designate a spokesman on the case preferably from the Department of Justice or Department of Foreign Affairs.
Almario said that whoever is chosen as spokesman, he or she alone must talk about the rape case on behalf of the government.
"There should be a well-coordinated effort to ventilate the government position on issues concerning the rape case," Almario said. (with a report by Edmer F. Panesa)
Joker: US must keep 6 Marines on Philippine soil
Sen. Joker Arroyo yesterday said the US government must keep the six US Marines on Philippine soil for "to spare the Philippines from embarrassment that it is utterly helpless in protecting our own womenhood from sexual terrorists and to spare the US from mounting calls for a review or a renegotiation of the VFA."
Arroyo said that as matters stand, the US position is not at all reassuring.
"All it has done so far is to limit itself to saying that they will produce the six US Marines whenever they are needed for trial. But they are now needed because the prosecutors have been waiting to conduct the formal investigation of the case but cannot proceed because of the absence of the sextet who may even be shipped to Okinawa."
He added: "The issue is one of moral leadership. The US, having anointed herself as the policeman of the world, is given to complaining about human rights violation of other countries, recently for instance, lecturing us about human trafficking in the Philippines. But when Americans get involved in human rights violations, like sexual terrorism, the US becomes very protective of its own and selective in the application of standards of justice and fairness."
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Appoint spokesperson on Subic rape case, Palace urged
By Philip C. Tubeza, Inquirer News Service
ADMINISTRATION lawmakers on Saturday urged Malacañang to appoint a spokesperson on the rape case against six US Marines to avoid confusing statements from government officials.
Representatives Joel Mayo Almario (Lakas, Davao Oriental) and Marcelino Libanan (Lakas, Eastern Samar) said Malacañang could appoint someone from the Department of Justice or the Department of Foreign Affairs since the case is a legal and a diplomatic issue.
They warned that recent contradictory statements of government officials over the rape case might trigger diplomatic problems between the Philippines and the United States and could jeopardize the case against the US Marines.
Almario said that the spokesperson “alone must talk about the ins and outs of the rape case” on behalf of the government.
Libanan said the appointment of a spokesperson would ensure “a proper and clear ventilation” of government position on the rape case.
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6 Kano lilitisin sa Olongapo
Ang Pilipino STAR Ngayon 11/13/2005
Sa Olongapo City at hindi sa Okinawa idaraos ang paglilitis sa anim na US Marines na akusado sa panggagahasa sa isang Pinay.
Ito ang paglilinaw ng Malacañang sa naglabasang mga ulat na binigyan ng pahintulot ni Pangulong Arroyo ang request ng Amerika na ilipat ang anim na sundalong Kano sa Okinawa, Japan.
"The transfer of trial is out of the question," ani Press Secretary Ignacio Bunye.
Ayon kay Bunye, hindi nagbabago ang paninindigan ng pamahalaan na isusulong ang paghahanap ng hustisya sa biktima sa sarili nating teritoryo.
Bilang reaksiyon, sinabi naman ni administration Sen. Joker Arroyo na dapat lamang panatilihin sa Pilipinas ang anim na sundalo dahil lalabas na hindi kayang protektahan ng pamahalaan ang ating kababaihan mula sa mga sexual terrorists.
Ani Sen. Arroyo, sa oras na makalabas ng bansa ang mga akusado, malamang hindi na umusad ang kaso laban sa mga ito.
Kung itatakas naman ng US gov’t ang kanilang mga kababayan ay tiyak na iinit ang usapin sa pagbasura ng Visiting Forces Agreement (VFA), wika ni Arroyo. (Lilia Tolentino/Rudy Andal)
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