US Embassy served summons for 6 GIs
The Department of Foreign Affairs on Tuesday formally notified the United States Embassy in Manila to require the six accused US Marines to appear in court for the preliminary hearing of charges that they raped a 22-year-old Filipina on November 1 in Subic Freeport.
Undersecretary Rafael Seguis, chairman of the Presidential Committee on the Visiting Forces Agreement, said the US Embassy promised to comply with the summons.
The embassy is keeping custody of the six Marines.
The hearing will be held on November 23.
Under the VFA, the Philippines exercises criminal jurisdiction over the American servicemen and the US maintains custody of them.
Foreign Secretary Alberto Romulo said the DFA will continue to work closely with US and Philippine authorities to ensure that justice is served.
The National Bureau of Investigation has obtained DNA samples from the victim and will compare the result with the evidence taken from the van where the girl was allegedly raped.
The victim’s lawyer, Katrina Legarda, on Tuesday formally asked the Department of Justice to transfer the venue where the rape charges will be filed.
Legarda cited instances in the past when rape and other sexual abuse cases committed by US servicemen were dismissed by courts in Olongapo City, to which the free port belongs.
She said it has been the policy of her group, the Child Justice League, to ask that such cases be handled by the justice department.
"This request is being made in view of our previous experience with the Office of the City Prosecutor of Olongapo City, which has dismissed rape and other sexual abuse cases," Legarda said.
Justice Secretary Raul M. Gonzalez, however, is against transferring the case to his department.
Jonathan Vicente and Jomar Canlas
He said that since the alleged raped happened in Subic the Olongapo prosecutor should handle the preliminary investigation.
The justice department assumes jurisdiction over the case only if there is a clear risk of a whitewash. Named in the subpoena are US Marines Keith Silkwood, Daniel Smith, Albert Lara, Dominic Duplantis, Corey Barris and Chad Carpenter.
ABS-CBN NEWS
===
Gonzalez against transfer of Subic rape case to DOJ
By JOMAR CANLAS
The Manila Times Reporter
Justice Secretary Raul M. Gonzalez on Monday opposed a move of Katrina Legarda, legal counsel of the Subic rape victim, for the transfer of the case from the Olongapo Prosecutor’s Office to the Department of Justice.
Gonzalez said he saw no reason for the transfer, because the case originated in Subic and therefore "Subic should order the preliminary investigation."
He pointed out that the case should be transferred to the justice department only when there is a clear sign that it is being whitewashed.
Legarda wanted the transfer because it was difficult for her to travel from Manila to Subic each time she had to be there.
Earlier, the DOJ said it is ready to oppose any move by the United States to let the six US Marines accused of rape go back to their base in Okinawa. The US Embassy has said it is not seeking such a transfer.
Much less, Gonzalez said, would he agree to move the trial of the case to Japan and surrendering Philippine jurisdiction over the case.
But, he added, if the Marines are given new assignments and have to be transferred to another location, then the Philippines would find that acceptable, since there is no clear provision in the VFA that the accused should be restricted to do their military work in Philippine territory.
The Marines are expected to meet face to face at the preliminary investigation set on November 23 and 29 at the Olongapo Prosecutor’s Office.
The subpoena was sent by the Department of Justice to the Department of Foreign Affairs, which will relay it to the US Embassy.
The Marines will appear before Olongapo Assistant Prosecutor Raymund Viray.
Named respondents are Keith Silkwood, Daniel Smith, Albert Lara, Dominic Duplantis, Corey Barris and Chad Carpenter
===
Pro-US group takes cudgels for soldiers
By Lino Dela Cruz
SUN STAR Iligan correspondent
A PRO-American group Tuesday said the American soldiers accused of rape should be presumed innocent but must be punished accordingly if found guilty and the lynch mob rule must not be used against them.
The pro-American group, Philippine-United States Guerillas of Democratic Society, which boasts of 100,000 members nationwide headed by lawyer Elly Pamatong, gathered here at their headquarters in Mindanao street, Baloy this city to manifest their support for the six accused US soldiers.
The more than 50 "soldiers" of Pamatong, stood at attention and followed every marching command of their leader and remained at ease as the press conference with local media started.
"They are treating the US soldiers like in a lynch mob," the group said.
Pamatong was specifically referring to the militant women's groups who have staged several rallies in Manila to condemn the US marines involved in the alleged rape of a 22-year-old Filipino and prevented them from going out of the country.
The victim who was with two other companions, met the US soldiers who were then on rest and recreation, while at a bar in Olangapo City. She went alone when invited out by the six US servicemen.
The victim, a native of Zamboanga City was allegedly raped by the six US marines while inside a moving van at the Subic Freeport last November 1, this year.
"There could have been or there could not have been any rape at all and we must presume them innocent until proven guilty," Pamatong said.
The six accused US marines are now in custody of the US embassy.
The lawyer for the victim, Katrina Legarda filed a petition to transfer the case versus the US Marines from Olongapo City to the Department of Justice (DOJ) in Manila but was rejected by Justice Secretary Raul Gonzales.
Legislators have called for a review of the Visiting Forces Agreement (VFA) with the United States.
The agreement was made between the Philippine and the United States as a basis for the several joint military exercises between the Philippine Armed Forces and the United States troops.
Pamatong said as far as the VFA is concerned, there is no "quid pro quo" (something for something). He did not elaborate though but added that the agreement favors the US in many of its provisions.
Pamatong said that he would continue mobilizing his "troops" in Mindanao and gather more support for the American soldiers.
In Marawi City, the Muslim Youth Organization issued a statement expressing their outrage over the incident since it is a crime against women committed by US servicemen, which rekindles unpleasant memories of the former US bases in Olongapo City.
===
Rape is rape
POLICY PEEK By ERNESTO F. HERRERA - ABS CBN
The slant of some of the recent news stories and public statements concerning the alleged rape of a 22-year-old Filipina by six US Marines only demonstrates the shameful fact that rape victims often are suspects in their own cases.
The slant of some of the recent news stories and public statements concerning the alleged rape of a 22-year-old Filipina by six US Marines only demonstrates the shameful fact that rape victims often are suspects in their own cases.
It is shameful how even our own fellow Filipinos can suggest that the Filipina rape victim is somehow to blame for what happened. Surely their questions, as reflected in the news and public discourse, seem to reflect these unspoken suspicions.
What was she doing all alone with the foreigners anyway? Was she "dirty dancing" with them? How was she behaving at the time of the crime? Was she drinking or was she in fact drunk when the crime happened? What was her personal life like? Was she a loose woman, some bimbo who could easily be had by anyone, let alone a US soldier?
Of course, it is but natural for those who argue in favor of the American suspects’ innocence to attack the character of the Filipina victim, to put her testimony under a cloud of doubt, especially since the other key eyewitness, the driver of the van where the alleged rape was committed, has already recanted his testimony, which he claimed was made under duress.
But while this is to be expected of those defending the Americans, what about the rest of Filipinos? While I do not expect Filipinos -- OK Filipino males in particular -- to be overly sympathetic considering our largely patriarchal culture, it is still a bit appalling how accusatory some of the discussions have been against the Filipina rape victim. I’m sure a lot of our readers have encountered some of these discussions, whether in the kanto or in other forums both formal and informal.
And what about the response (or the lack thereof) from government? Are our public officials so comfortable within the informal compromises of the judicial system that they have lost their capacity for moral outrage? For it seems that they would rather wish this "incident" away rather than tackle the path of most resistance, the path that leads to justice and accountability.
Let’s tackle the shameful "she was asking for it" suspicions first. This, I believe, is a cultural blight that contributes to making the crime of rape and other sexual abuses everyday transgressions in our society.
Nobody asks to be raped. And even if the young woman in this rape case, just for the sake of argument, was behaving improperly, even recklessly, she still should have the right to say no to sexual intercourse. Without that consent, rape is committed. Whether or not she is a model citizen does not and should not matter. She should still have her day in court. So instead of our public officials looking to make judicial compromises, they should be looking to make a precedent by making sure the Philippines takes jurisdiction of the rape case and even custody of the accused US Marines, because the full prosecution of the case and the criminal offense warrants no less than these.
"Was she drunk?" is a relevant question, but if the Filipina was drunk such fact would be more indicting against the American suspects. As I said, the legal definition of rape turns on the notion of "consent." Therefore, sexual contact with any woman too drunk to be capable of giving permission is technically a crime of rape.
Ultimately, the Filipina victim’s alleged lack of good sense is not on trial here, we are. Rape victims in this country unfortunately have to go through an incredible amount of humiliation to see justice served. The legal system here often treats the victim as badly as the criminal. And if all the people who could do something to help this Filipina attain justice are not doing anything now, then they are no different from those who led the cheers while she was being raped.
Did she ask for it? Come on! Of course not! So let us not treat her as if she did because that just makes her feel all the more violated.
Was it "gang rape" is another relevant question that must be settled in court but only because the sentences differ for those who actually committed the crime and for those who did nothing while it was being committed. To me, the sideline scums who stood by are no different from the scum who did the evil deed.
Timoteo Soriano Jr., who drove for the American suspects during the night the alleged rape happened, said he was coerced to make the statement implicating the Americans because a member of the Subic Bay Metropolitan Authority-Enforcement Unit threatened to implicate him in the rape case. Well, if the rape of the Filipina was committed in his presence, he was and is already involved in the case, threats or no threats.
The bystanders, those who stood by not only to let the rape happen but prompted the rapists on as if they were at a sporting event should also be prosecuted to the fullest extent of the law. The driver may not have been one of the cheerleaders but he apparently did nothing to prevent the alleged rape. He didn’t question the American suspects in any way. He didn’t call for help. Anybody who has ever been to the Subic Freeport Zone knows how easy that would have been with so many law-enforcement officers present in the area.
Indeed when you think about it, how could the Filipino driver of the Americans really have been oblivious to what was going on? Would he have been so foolish as to let the rape happen without calling the police? I believe, if there was ever a bystander in the incident who could be held to a higher standard of accountability, it was the driver of the Americans. Too often people watch crimes and just let them happen. But if Soriano, a Filipino, did nothing while a bunch of Americans committed a crime, his offense as a bystander/accomplice would have been graver, at least from a moral standpoint, don’t you think?
Soriano isn’t "one of the guys." He’s not one of the US Marines bound by a code of silence. The fact that he recanted his previous testimony implicating the Americans does not automatically render his new testimony unreliable. But it does lead you to question why he did what he did, and which of his testimonies was indeed truthful. These are other relevant questions that must be settled, hopefully in a Philippine court of law
===
Katrina Legarda: This is more difficult than Jalosjos case
By Juliet Labog-Javellana
Inquirer News Service
SHE SENT a powerful congressman, Romeo Jalosjos, to prison on two life terms for raping an 11-year-old girl in 1996, but Katrina Legarda sees her newest case as a formidable challenge.
Unlike in the celebrated Jalosjos case where there was only one accused, the 22-year-old college graduate from Zamboanga who was allegedly raped by six US servicemen in a rented van in Subic on Nov. 1 is up against six defendants, each of whom "can have his own lawyer and can set up his own defense," Legarda told the Inquirer.
The complaint signed by the woman named five US servicemen and one John Doe. But Legarda said the woman recalled only five servicemen.
"This is not as easy as the Jalosjos case. This is much more difficult," Legarda said.
Legarda, head of the Child Justice League (CJL), has been tapped by the Department of Social Welfare and Development to represent the 22-year-old.
She will be backed by five fellow lawyers from the CJL and the Accra Law Firm, one of the leading law offices in the country.
"I'm not saying I'm pessimistic [about the Subic case], but this is going to be a long slog," said Legarda, who is providing pro bono or free legal services to the victim.
In the Jalosjos case, she said, it took all of 450 days from the arraignment to the sentencing in December 1997. And this involved daily hearings four times a week.
This is why Legarda is concerned about the one-year deadline under the RP-US Visiting Forces Agreement (VFA) to resolve the case. She said it was hardly possible for a Philippine court to hand down a verdict in one year.
Political factor
And then there is the political factor, Legarda said.
While the 11-year-old girl went up against a wealthy and well-connected Zamboanga del Norte lawmaker, the woman from Zamboanga is fighting members of the military of the world's only superpower.
"What I told the family of the girl is that whatever happens, whether there will be a conviction or acquittal, the political fallout will be great," Legarda said.
She said Philippine officials would always protect RP-US relations, preserve Subic as a tourist haven and place for R&R (rest and recreation) of American military personnel -- and "allow the Bush administration to have anything [it wants]."
"In fact, the [police] in Subic are having difficulty in filing cases in the prosecution office [in Olongapo] because it tends to dismiss cases [against Americans]," Legarda said.
In a statement yesterday, Senate Majority Leader Francis Pangilinan expressed concern over the Subic case, saying 3,000 rape cases against Americans had been dismissed in the Olongapo City court.
This is why Legarda has requested the transfer of the hearings of the case from Olongapo to the Department of Justice (DoJ) office in Manila.
"We are all here in Manila, including the accused, so why should we have the case heard in Olongapo?" she said.
Formal request
Legarda formally asked Justice Secretary Raul Gonzalez yesterday to transfer the case to the DoJ main office. But Gonzalez said on Monday that he was not inclined to do so.
"This request is being made in view of our previous experience with the Office of the City Prosecutor of Olongapo which culminated in the dismissal of rape and other sexual abuse cases," Legarda said in a letter-request.
She added: "To obviate this unfortunate turn of events, it has been our policy and practice to have the preliminary investigation of such cases conducted in the [DoJ]."
Legarda said she hoped Gonzalez would approve the request before the start of the preliminary investigation in Olongapo on Nov. 23.
She also pointed out that the Olongapo prosecutor could have conducted an inquest to immediately find out if there was probable cause against the suspects, but that the latter instead set the case for preliminary investigation.
"So this is going to be delayed, and [the process] would take longer," said CJL executive director Cristina Sevilla, who delivered the letter-request.
But earlier, Olongapo Prosecutor Prudencio Jalandoni said an inquest could not be conducted because when he and his staff arrived at the Subic Bay Freeport, the US Embassy had already taken custody of the servicemen.
Ignorance
Legarda told the Inquirer that Philippine officials did not seem to know what rights the woman had and what help she could get under the terms of the VFA.
She said it was not even clear when the one-year deadline would begin.
Legarda also said some officials in Subic were protective of the Americans and were helping pressure the woman to drop the case.
"I heard -- and this is probably gossip -- that when [the woman] went to complain, someone [at the Subic Bay Metropolitan Authority] said she should just settle the case," Legarda said.
But Legarda made it clear that it was not SBMA administrator Arman Arreza who had made such overtures.
"When [the woman] heard there were witnesses coming forward to help her, she rejected [the offer to settle]," Legarda said.
She said that as in other rape cases, she would not blame the woman if the latter decided to settle.
"But as of now, the [woman's] family is determined to fight," Legarda said.
She said the woman and her family were grateful for the support of many witnesses and sectors.
"I think she might [pursue the case], except that this is not an easy case," Legarda said.
On the basis of evidence
Asked if she felt that her client's case was strong, Legarda said: "All cases can [be lost or won] only on the basis of evidence. I don't want to say I will win or lose in this case."
She said one good aspect was that there were many witnesses who had come forward and who could still be tapped, unlike in the Jalosjos case where there was no witness.
The difficulty in the Subic case also comes from the fact that Legarda came in 10 days late, after the woman had submitted her sworn statement.
"In the Jalosjos case, we had the girl from Day One," Legarda said, adding:
"I'm OK with [the woman's] sworn statement, but she needs witnesses. There are certain things she did that needs corroboration."
Legarda said she had asked the women's and children's desk of the Subic police to do follow-up investigations and get the statements of at least nine more witnesses.
DNA samples
Legarda said she would also ask for DNA samples from the five identified servicemen for comparison with the sample from a used condom recovered from the scene.
She also said she was not certain whether she would get the help of the Department of Foreign Affairs (DFA) in securing the DNA samples.
She noted that despite her request, she had yet to get photocopies of the identification cards and passports of the servicemen.
"The US will have to cooperate," Legarda said.
As in her other cases, Legarda is determined to apply all her legal skills to help the woman from Zamboanga.
She will be assisted by other female CJL lawyers: Minerva "June" Ambrosio, Cristina Sevilla, Diana Lee, Sheila Bazar and Amy Arellano.
But it won't be an all-woman legal team.
"What's good now is that the IBP (Integrated Bar of the Philippines) has instructed Rogelio Vinluan of Accra Law to assist us. He is one of the best litigators in the country," Legarda said.
She said she was also hoping for one good-luck sign -- that Chief State Prosecutor Jovencito Zuño would be assigned special prosecutor for the Subic case.
Zuño was the state prosecutor for the Jalosjos case.
Not inclined to transfer case
On Monday, Gonzalez said he was not inclined to transfer the case to Manila unless the prosecutor handling the case in Olongapo showed any bias.
"There seems to be no reason [to transfer the case]. The prosecutor in Olongapo, so far, has shown that he is up to the job. So it would be unfair to just relieve him and transfer the case here," he said.
"As a general principle, it has got to be in Subic because that is where the supposed incident took place. That is jurisdictional according to the Rules of Court. Right now, I don't see why we should transfer. But we are not saying that it cannot be transferred," he said.
Gonzalez said he would remove City Prosecutor Jalandoni from the case only under "certain extraordinary situations," like "a show of bias one way or the other," or "some other reasons."
He said transferring the case to Manila at this time "would seem to indicate that we have lost confidence in him or whatever... " With a report from Philip C. Tubeza
Undersecretary Rafael Seguis, chairman of the Presidential Committee on the Visiting Forces Agreement, said the US Embassy promised to comply with the summons.
The embassy is keeping custody of the six Marines.
The hearing will be held on November 23.
Under the VFA, the Philippines exercises criminal jurisdiction over the American servicemen and the US maintains custody of them.
Foreign Secretary Alberto Romulo said the DFA will continue to work closely with US and Philippine authorities to ensure that justice is served.
The National Bureau of Investigation has obtained DNA samples from the victim and will compare the result with the evidence taken from the van where the girl was allegedly raped.
The victim’s lawyer, Katrina Legarda, on Tuesday formally asked the Department of Justice to transfer the venue where the rape charges will be filed.
Legarda cited instances in the past when rape and other sexual abuse cases committed by US servicemen were dismissed by courts in Olongapo City, to which the free port belongs.
She said it has been the policy of her group, the Child Justice League, to ask that such cases be handled by the justice department.
"This request is being made in view of our previous experience with the Office of the City Prosecutor of Olongapo City, which has dismissed rape and other sexual abuse cases," Legarda said.
Justice Secretary Raul M. Gonzalez, however, is against transferring the case to his department.
Jonathan Vicente and Jomar Canlas
He said that since the alleged raped happened in Subic the Olongapo prosecutor should handle the preliminary investigation.
The justice department assumes jurisdiction over the case only if there is a clear risk of a whitewash. Named in the subpoena are US Marines Keith Silkwood, Daniel Smith, Albert Lara, Dominic Duplantis, Corey Barris and Chad Carpenter.
ABS-CBN NEWS
===
Gonzalez against transfer of Subic rape case to DOJ
By JOMAR CANLAS
The Manila Times Reporter
Justice Secretary Raul M. Gonzalez on Monday opposed a move of Katrina Legarda, legal counsel of the Subic rape victim, for the transfer of the case from the Olongapo Prosecutor’s Office to the Department of Justice.
Gonzalez said he saw no reason for the transfer, because the case originated in Subic and therefore "Subic should order the preliminary investigation."
He pointed out that the case should be transferred to the justice department only when there is a clear sign that it is being whitewashed.
Legarda wanted the transfer because it was difficult for her to travel from Manila to Subic each time she had to be there.
Earlier, the DOJ said it is ready to oppose any move by the United States to let the six US Marines accused of rape go back to their base in Okinawa. The US Embassy has said it is not seeking such a transfer.
Much less, Gonzalez said, would he agree to move the trial of the case to Japan and surrendering Philippine jurisdiction over the case.
But, he added, if the Marines are given new assignments and have to be transferred to another location, then the Philippines would find that acceptable, since there is no clear provision in the VFA that the accused should be restricted to do their military work in Philippine territory.
The Marines are expected to meet face to face at the preliminary investigation set on November 23 and 29 at the Olongapo Prosecutor’s Office.
The subpoena was sent by the Department of Justice to the Department of Foreign Affairs, which will relay it to the US Embassy.
The Marines will appear before Olongapo Assistant Prosecutor Raymund Viray.
Named respondents are Keith Silkwood, Daniel Smith, Albert Lara, Dominic Duplantis, Corey Barris and Chad Carpenter
===
Pro-US group takes cudgels for soldiers
By Lino Dela Cruz
SUN STAR Iligan correspondent
A PRO-American group Tuesday said the American soldiers accused of rape should be presumed innocent but must be punished accordingly if found guilty and the lynch mob rule must not be used against them.
The pro-American group, Philippine-United States Guerillas of Democratic Society, which boasts of 100,000 members nationwide headed by lawyer Elly Pamatong, gathered here at their headquarters in Mindanao street, Baloy this city to manifest their support for the six accused US soldiers.
The more than 50 "soldiers" of Pamatong, stood at attention and followed every marching command of their leader and remained at ease as the press conference with local media started.
"They are treating the US soldiers like in a lynch mob," the group said.
Pamatong was specifically referring to the militant women's groups who have staged several rallies in Manila to condemn the US marines involved in the alleged rape of a 22-year-old Filipino and prevented them from going out of the country.
The victim who was with two other companions, met the US soldiers who were then on rest and recreation, while at a bar in Olangapo City. She went alone when invited out by the six US servicemen.
The victim, a native of Zamboanga City was allegedly raped by the six US marines while inside a moving van at the Subic Freeport last November 1, this year.
"There could have been or there could not have been any rape at all and we must presume them innocent until proven guilty," Pamatong said.
The six accused US marines are now in custody of the US embassy.
The lawyer for the victim, Katrina Legarda filed a petition to transfer the case versus the US Marines from Olongapo City to the Department of Justice (DOJ) in Manila but was rejected by Justice Secretary Raul Gonzales.
Legislators have called for a review of the Visiting Forces Agreement (VFA) with the United States.
The agreement was made between the Philippine and the United States as a basis for the several joint military exercises between the Philippine Armed Forces and the United States troops.
Pamatong said as far as the VFA is concerned, there is no "quid pro quo" (something for something). He did not elaborate though but added that the agreement favors the US in many of its provisions.
Pamatong said that he would continue mobilizing his "troops" in Mindanao and gather more support for the American soldiers.
In Marawi City, the Muslim Youth Organization issued a statement expressing their outrage over the incident since it is a crime against women committed by US servicemen, which rekindles unpleasant memories of the former US bases in Olongapo City.
===
Rape is rape
POLICY PEEK By ERNESTO F. HERRERA - ABS CBN
The slant of some of the recent news stories and public statements concerning the alleged rape of a 22-year-old Filipina by six US Marines only demonstrates the shameful fact that rape victims often are suspects in their own cases.
The slant of some of the recent news stories and public statements concerning the alleged rape of a 22-year-old Filipina by six US Marines only demonstrates the shameful fact that rape victims often are suspects in their own cases.
It is shameful how even our own fellow Filipinos can suggest that the Filipina rape victim is somehow to blame for what happened. Surely their questions, as reflected in the news and public discourse, seem to reflect these unspoken suspicions.
What was she doing all alone with the foreigners anyway? Was she "dirty dancing" with them? How was she behaving at the time of the crime? Was she drinking or was she in fact drunk when the crime happened? What was her personal life like? Was she a loose woman, some bimbo who could easily be had by anyone, let alone a US soldier?
Of course, it is but natural for those who argue in favor of the American suspects’ innocence to attack the character of the Filipina victim, to put her testimony under a cloud of doubt, especially since the other key eyewitness, the driver of the van where the alleged rape was committed, has already recanted his testimony, which he claimed was made under duress.
But while this is to be expected of those defending the Americans, what about the rest of Filipinos? While I do not expect Filipinos -- OK Filipino males in particular -- to be overly sympathetic considering our largely patriarchal culture, it is still a bit appalling how accusatory some of the discussions have been against the Filipina rape victim. I’m sure a lot of our readers have encountered some of these discussions, whether in the kanto or in other forums both formal and informal.
And what about the response (or the lack thereof) from government? Are our public officials so comfortable within the informal compromises of the judicial system that they have lost their capacity for moral outrage? For it seems that they would rather wish this "incident" away rather than tackle the path of most resistance, the path that leads to justice and accountability.
Let’s tackle the shameful "she was asking for it" suspicions first. This, I believe, is a cultural blight that contributes to making the crime of rape and other sexual abuses everyday transgressions in our society.
Nobody asks to be raped. And even if the young woman in this rape case, just for the sake of argument, was behaving improperly, even recklessly, she still should have the right to say no to sexual intercourse. Without that consent, rape is committed. Whether or not she is a model citizen does not and should not matter. She should still have her day in court. So instead of our public officials looking to make judicial compromises, they should be looking to make a precedent by making sure the Philippines takes jurisdiction of the rape case and even custody of the accused US Marines, because the full prosecution of the case and the criminal offense warrants no less than these.
"Was she drunk?" is a relevant question, but if the Filipina was drunk such fact would be more indicting against the American suspects. As I said, the legal definition of rape turns on the notion of "consent." Therefore, sexual contact with any woman too drunk to be capable of giving permission is technically a crime of rape.
Ultimately, the Filipina victim’s alleged lack of good sense is not on trial here, we are. Rape victims in this country unfortunately have to go through an incredible amount of humiliation to see justice served. The legal system here often treats the victim as badly as the criminal. And if all the people who could do something to help this Filipina attain justice are not doing anything now, then they are no different from those who led the cheers while she was being raped.
Did she ask for it? Come on! Of course not! So let us not treat her as if she did because that just makes her feel all the more violated.
Was it "gang rape" is another relevant question that must be settled in court but only because the sentences differ for those who actually committed the crime and for those who did nothing while it was being committed. To me, the sideline scums who stood by are no different from the scum who did the evil deed.
Timoteo Soriano Jr., who drove for the American suspects during the night the alleged rape happened, said he was coerced to make the statement implicating the Americans because a member of the Subic Bay Metropolitan Authority-Enforcement Unit threatened to implicate him in the rape case. Well, if the rape of the Filipina was committed in his presence, he was and is already involved in the case, threats or no threats.
The bystanders, those who stood by not only to let the rape happen but prompted the rapists on as if they were at a sporting event should also be prosecuted to the fullest extent of the law. The driver may not have been one of the cheerleaders but he apparently did nothing to prevent the alleged rape. He didn’t question the American suspects in any way. He didn’t call for help. Anybody who has ever been to the Subic Freeport Zone knows how easy that would have been with so many law-enforcement officers present in the area.
Indeed when you think about it, how could the Filipino driver of the Americans really have been oblivious to what was going on? Would he have been so foolish as to let the rape happen without calling the police? I believe, if there was ever a bystander in the incident who could be held to a higher standard of accountability, it was the driver of the Americans. Too often people watch crimes and just let them happen. But if Soriano, a Filipino, did nothing while a bunch of Americans committed a crime, his offense as a bystander/accomplice would have been graver, at least from a moral standpoint, don’t you think?
Soriano isn’t "one of the guys." He’s not one of the US Marines bound by a code of silence. The fact that he recanted his previous testimony implicating the Americans does not automatically render his new testimony unreliable. But it does lead you to question why he did what he did, and which of his testimonies was indeed truthful. These are other relevant questions that must be settled, hopefully in a Philippine court of law
===
Katrina Legarda: This is more difficult than Jalosjos case
By Juliet Labog-Javellana
Inquirer News Service
SHE SENT a powerful congressman, Romeo Jalosjos, to prison on two life terms for raping an 11-year-old girl in 1996, but Katrina Legarda sees her newest case as a formidable challenge.
Unlike in the celebrated Jalosjos case where there was only one accused, the 22-year-old college graduate from Zamboanga who was allegedly raped by six US servicemen in a rented van in Subic on Nov. 1 is up against six defendants, each of whom "can have his own lawyer and can set up his own defense," Legarda told the Inquirer.
The complaint signed by the woman named five US servicemen and one John Doe. But Legarda said the woman recalled only five servicemen.
"This is not as easy as the Jalosjos case. This is much more difficult," Legarda said.
Legarda, head of the Child Justice League (CJL), has been tapped by the Department of Social Welfare and Development to represent the 22-year-old.
She will be backed by five fellow lawyers from the CJL and the Accra Law Firm, one of the leading law offices in the country.
"I'm not saying I'm pessimistic [about the Subic case], but this is going to be a long slog," said Legarda, who is providing pro bono or free legal services to the victim.
In the Jalosjos case, she said, it took all of 450 days from the arraignment to the sentencing in December 1997. And this involved daily hearings four times a week.
This is why Legarda is concerned about the one-year deadline under the RP-US Visiting Forces Agreement (VFA) to resolve the case. She said it was hardly possible for a Philippine court to hand down a verdict in one year.
Political factor
And then there is the political factor, Legarda said.
While the 11-year-old girl went up against a wealthy and well-connected Zamboanga del Norte lawmaker, the woman from Zamboanga is fighting members of the military of the world's only superpower.
"What I told the family of the girl is that whatever happens, whether there will be a conviction or acquittal, the political fallout will be great," Legarda said.
She said Philippine officials would always protect RP-US relations, preserve Subic as a tourist haven and place for R&R (rest and recreation) of American military personnel -- and "allow the Bush administration to have anything [it wants]."
"In fact, the [police] in Subic are having difficulty in filing cases in the prosecution office [in Olongapo] because it tends to dismiss cases [against Americans]," Legarda said.
In a statement yesterday, Senate Majority Leader Francis Pangilinan expressed concern over the Subic case, saying 3,000 rape cases against Americans had been dismissed in the Olongapo City court.
This is why Legarda has requested the transfer of the hearings of the case from Olongapo to the Department of Justice (DoJ) office in Manila.
"We are all here in Manila, including the accused, so why should we have the case heard in Olongapo?" she said.
Formal request
Legarda formally asked Justice Secretary Raul Gonzalez yesterday to transfer the case to the DoJ main office. But Gonzalez said on Monday that he was not inclined to do so.
"This request is being made in view of our previous experience with the Office of the City Prosecutor of Olongapo which culminated in the dismissal of rape and other sexual abuse cases," Legarda said in a letter-request.
She added: "To obviate this unfortunate turn of events, it has been our policy and practice to have the preliminary investigation of such cases conducted in the [DoJ]."
Legarda said she hoped Gonzalez would approve the request before the start of the preliminary investigation in Olongapo on Nov. 23.
She also pointed out that the Olongapo prosecutor could have conducted an inquest to immediately find out if there was probable cause against the suspects, but that the latter instead set the case for preliminary investigation.
"So this is going to be delayed, and [the process] would take longer," said CJL executive director Cristina Sevilla, who delivered the letter-request.
But earlier, Olongapo Prosecutor Prudencio Jalandoni said an inquest could not be conducted because when he and his staff arrived at the Subic Bay Freeport, the US Embassy had already taken custody of the servicemen.
Ignorance
Legarda told the Inquirer that Philippine officials did not seem to know what rights the woman had and what help she could get under the terms of the VFA.
She said it was not even clear when the one-year deadline would begin.
Legarda also said some officials in Subic were protective of the Americans and were helping pressure the woman to drop the case.
"I heard -- and this is probably gossip -- that when [the woman] went to complain, someone [at the Subic Bay Metropolitan Authority] said she should just settle the case," Legarda said.
But Legarda made it clear that it was not SBMA administrator Arman Arreza who had made such overtures.
"When [the woman] heard there were witnesses coming forward to help her, she rejected [the offer to settle]," Legarda said.
She said that as in other rape cases, she would not blame the woman if the latter decided to settle.
"But as of now, the [woman's] family is determined to fight," Legarda said.
She said the woman and her family were grateful for the support of many witnesses and sectors.
"I think she might [pursue the case], except that this is not an easy case," Legarda said.
On the basis of evidence
Asked if she felt that her client's case was strong, Legarda said: "All cases can [be lost or won] only on the basis of evidence. I don't want to say I will win or lose in this case."
She said one good aspect was that there were many witnesses who had come forward and who could still be tapped, unlike in the Jalosjos case where there was no witness.
The difficulty in the Subic case also comes from the fact that Legarda came in 10 days late, after the woman had submitted her sworn statement.
"In the Jalosjos case, we had the girl from Day One," Legarda said, adding:
"I'm OK with [the woman's] sworn statement, but she needs witnesses. There are certain things she did that needs corroboration."
Legarda said she had asked the women's and children's desk of the Subic police to do follow-up investigations and get the statements of at least nine more witnesses.
DNA samples
Legarda said she would also ask for DNA samples from the five identified servicemen for comparison with the sample from a used condom recovered from the scene.
She also said she was not certain whether she would get the help of the Department of Foreign Affairs (DFA) in securing the DNA samples.
She noted that despite her request, she had yet to get photocopies of the identification cards and passports of the servicemen.
"The US will have to cooperate," Legarda said.
As in her other cases, Legarda is determined to apply all her legal skills to help the woman from Zamboanga.
She will be assisted by other female CJL lawyers: Minerva "June" Ambrosio, Cristina Sevilla, Diana Lee, Sheila Bazar and Amy Arellano.
But it won't be an all-woman legal team.
"What's good now is that the IBP (Integrated Bar of the Philippines) has instructed Rogelio Vinluan of Accra Law to assist us. He is one of the best litigators in the country," Legarda said.
She said she was also hoping for one good-luck sign -- that Chief State Prosecutor Jovencito Zuño would be assigned special prosecutor for the Subic case.
Zuño was the state prosecutor for the Jalosjos case.
Not inclined to transfer case
On Monday, Gonzalez said he was not inclined to transfer the case to Manila unless the prosecutor handling the case in Olongapo showed any bias.
"There seems to be no reason [to transfer the case]. The prosecutor in Olongapo, so far, has shown that he is up to the job. So it would be unfair to just relieve him and transfer the case here," he said.
"As a general principle, it has got to be in Subic because that is where the supposed incident took place. That is jurisdictional according to the Rules of Court. Right now, I don't see why we should transfer. But we are not saying that it cannot be transferred," he said.
Gonzalez said he would remove City Prosecutor Jalandoni from the case only under "certain extraordinary situations," like "a show of bias one way or the other," or "some other reasons."
He said transferring the case to Manila at this time "would seem to indicate that we have lost confidence in him or whatever... " With a report from Philip C. Tubeza
posted by Anonymous at
7:26 AM
0 Comments:
Post a Comment
<< Home