US Embassy silent on custody transfer plea
By JONATHAN VICENTE, The Manila Times Reporter
The United States Embassy has yet to answer the Philippine government’s request to take custody of the six US Marines accused of raping a Filipina in Olongapo City.
The six Marines are due to appear Wednesday at the Olongapo Prosecutor’s Office for a preliminary investigation into the charge.
The Department of Foreign Affairs made such a request, citing the extraordinary nature of the case.
DFA officials said the US Embassy refuses to turn over Dominic Duplantis, Daniel Smith, Chad Carpentier, Corey Burris, Albert Lara and Keith Silkwood to Philippine authorities until it finishes its own investigation into the case.
Foreign Affairs Secretary Alberto Romulo on Tuesday explained the need to take custody of the six Marines by saying: "Our primary interests of ensuring that justice prevails and that the rights and welfare of the victim are secured, remain. Working closely with the Department of Justice, we are taking every effort to ensure any and all accused shall be tried under Philippine laws and, if found guilty, shall be answerable for their crimes under Philippine laws."
Under the Visiting Forces Agreement, the Philippines has criminal jurisdiction over American servicemen who run afoul of its laws, but the US takes custody of them.
The Philippines, however, can request the US to relinquish custody under certain circumstances.
Romulo said the US government has been made fully aware of the importance that the Philippine government and the Filipino people are giving to the case, "as well as our sentiments and position that the Philippines has primary jurisdiction and that our laws shall govern."
He said the legal action to take custody of the Marines was underscored in several notes verbales the DFA has issued to the embassy.
"We appreciate the strong interests of Congress and the public in this case. Again, working together with the Department of Justice, we intend to address the concerns that have been raised," Romulo said.
Justice Secretary Raul M. Gonzalez said one of the six Marines, Duplantis, could get off the hook because he was not mentioned in the 22-year-old victim’s complaint or in the affidavit of the driver of the van where the alleged rape took place.
"It should be in his favor. If he is not really mentioned, he is free," Gonzalez said.
But Duplantis needs to submit a counteraffidavit indicating that he was not identified by the driver, Timoteo Soriano, and the victim, he said.
Duplantis’ name was included in the charge sheet submitted to the Olongapo Prosecutor’s Office.
Gonzalez said there is really no difference whether the Marines are detained in a Philippine jail or in the US Embassy.
"The effect is only psychological. If they are with us, we can see them every day but beyond that, what?" Gonzalez asked.
He said the important thing is that the US government assured Malacañan of full cooperation.
"But since we have filed for custody, we might as well pursue it," Gonzalez said.
At a budget hearing in the Senate, Defense Secretary Avelino Cruz disclosed plans to sign 10 more agreements on military exercises with member-countries of the Association of Southeast Asian Nations and Australia.
Senate President Franklin Drilon was concerned about exempting these countries from certain domestic laws if the VFAs are approved.
He was also surprised to know about this plan and to learn that negotiations for an agreement with Australia were going on.
"This came as a surprise to me. We were never informed of this. It came out in the media when the Australian minister mentioned this expected difficulty in the Senate. But even more surprising is the plan to enter into 10 VFAs in the Asian region. This must be scrutinized," Drilon said.
Sen. Manny Villar also expressed misgivings about these agreements, fearing a repeat of the alleged rape case in Olongapo.
"Those agreements that we enter into often leave us fooled. I suspect that this VFA with Australia will leave us shortchanged like what happened with the VFA we forged with the US."
But Cruz said the agreements will help the country effectively fight terrorism.
He also said the defense department would need the expertise and the equipment of the defense departments of other countries.
Cruz cited a provision in the Constitution which requires that a treaty be signed first before allowing foreign troops to enter the Philippines.
With Jomar Canlas and Patricia Esteves
===
Subic execs misled on VFA -- Gonzalez
Inquirer News Service
JUSTICE Secretary Raul Gonzalez said there may have been a procedural error in the turnover to United States custody of the six US soldiers accused of rape in Olongapo City but he believes it may just have been a “misinterpretation” of the Visiting Forces Agreement (VFA).
Gonzalez said it was not right for the officials of the Subic Bay Metropolitan Authority to have let the soldiers go based on a mere verbal request from the US military attaché who invoked a VFA provision stating that the US had the right to place erring servicemen under its care.
“That should have been done by diplomatic process and not through a verbal request, just because you’re an official of the embassy,” Gonzalez told a Club Intramuros forum on Tuesday.
But he said the turnover of the suspects appeared to have been caused by a mere misinterpretation of the VFA provision on custody of erring servicemen because the agreement does not state clearly that the request for custody be made in writing.
“I think the proper step should have been for the US Embassy to have requested for custody in writing,” he said.
Gonzalez recounted how he attempted to have the soldiers placed under Philippine custody on November 2 upon being informed of the incident by President Gloria Macapagal-Arroyo.
He said he had requested retired General Jose Calimlim, the SBMA intelligence and investigation chief, to keep the US soldiers under his watch while he sent a prosecutor to conduct an inquest.
But when the prosecutor arrived, the US military attaché had already taken custody of the soldiers, Gonzalez said. Leila B. Salaverria
===
6 US Marines’ appearance at preliminary probe uncertain
By Nikko Dizon, Armand N. Nocum
Inquirer News Service
THE United States Embassy Tuesday said it could not confirm “a hundred percent” if the six US Marines accused of raping a 22-year-old Filipino woman would be appearing at the preliminary investigation of the case on Wednesday at the Olongapo City prosecutor’s office.
“It is between the prosecutors and their (the soldiers’) lawyers if they need to be there,” said Matthew Lussenhop, the embassy spokesperson, in a phone interview.
Lussenhop said the embassy’s responsibility under the terms of the Visiting Forces Agreement was to make the soldiers available to Philippine courts.
The embassy has yet to respond to a request from the Department of Foreign Affairs for it to surrender the soldiers to Philippine authorities.
Justice Secretary Raul Gonzalez said he did not expect anything from Wednesday’s preliminary investigation as the victim’s lawyers were reported seeking a closed-door session and were even considering not to have their client make an appearance at all.
Gonzalez said in jest: “I don’t think sensitive issues will come out except the exhibit of the panties.”
===
DOJ chief hugas-kamay
(BJ/JL) Abante on-line
Gaya ng inaasahan, naghugas-kamay si Justice Sec. Raul Gonzalez sa paratang na pinoprotektahan nito ang interes ng Amerika sa intensyunal na pagpapabaya upang mawala sa kustodya ng Philippine authorities ang anim na US servicemen na inaakusahan ng panggagahasa sa isang 22-anyos na Zamboangueña sa Olongapo City noong Nobyembre 1.
Sa budget hearing kahapon ng Senate committee of the whole kung saan kinailangang dumalo si Gonzalez para ilatag ang hinihinging pondo ng kanyang tanggapan sa papasok na taong 2006, ipinaliwanag nito sa mga senador na ginawa nila ang lahat para mapasailalim sa kustodya ng Pilipinas ang anim na Kanong sundalo.
Sa katunayan umano ay agad niyang tinawagan noong Nobyembre 2, isang araw matapos ang insidente, si retired Gen. Jose Calimlim ng Subic Bay Metropolitan Authority (SBMA) upang hawakan ang mga suspek at huwag hayaang makasakay ng kanilang barko.
Ngunit noong ipinapa-inquest na umano niya ang mga dayuhang marino ay iniulat sa kanya ni Calimlim na agad na kinuha ng military attaché ng US Embassy ang anim na akusado upang mapasailalim umano sa kustodya ng Amerika.
Nilinaw rin ng kalihim na sa ngayon ay kumpirmadong limang sundalong Kano lamang ang nasa kustodya ng US authorities dahil ang pang-anim na suspek ay nananatiling John Doe (hindi pa tukoy).
Samantala, nagbanta kahapon ang militanteng grupo ng kababaihang Gabriela na lulusob sila sa preliminary investigation ng rape case sa Olongapo City upang magpakita ng solidong suporta sa kababayang biktima
===
Rape victim not attending hearing
THE anticipated face-off between six US servicemen accused of gang-rape in Subic Bay Freeport and their alleged victim will not materialize in today’s preliminary investigation at the Olongapo City prosecutor’s office.
"No, she will not appear. We will have her swear in before another prosecutor," said Minerva Ambrosio, the victim’s co-counsel.
She said the victim was "too traumatized and is not yet ready to face the six accused."
Ambrosio said she and other lawyers are working out ways where the victim would subscribe her affidavit before another prosecutor so she would not have to face the suspects today and on Nov. 29.
In her affidavit, the victim identified Keith Silkwood, Albert Lara, Corey Burris, Chad Carpentier, Daniel Smith and Dominic Duplantis as the ones who attacked her inside a Starex van near the Olongapo pier on Nov. 1.
Justice Secretary Raul Gonzalez said he hopes that the victim will face the accused.
"I hope the girl will really appear because that might be used by the defense to delay the proceedings and they are the ones asking for a speedy trial. Why will she not appear? I could not understand. If you are a victim and if you are outraged by what happened to you, you should appear," he said.
He said even if the victim has sworn in before another prosecutor, she would still have to face the prosecutor handling the case eventually.
Gonzalez said he received reports that the victim’s lawyers brought her to the DOJ office before noon, hoping that she could swear in before a prosecutor.
"I was not sure but I heard the complainant was downstairs. I rejected their request that I administer the swearing in because I don’t want to be accused of being biased," he said.
Ambrosio confirmed that their request was turned down by Gonzalez. She said the rejection was another evidence of the DOJ’s bias against the victim.
Earlier, Gonzalez denied lawyer Katrina Legarda’s plea to move the hearing from Olongapo City to the DOJ office in Manila.
"She (victim) was not at the DOJ, she should have been if Gonzalez granted our request. We wanted her to subscribe to her affidavit at the DOJ so she may not appear at the hearing but apparently, he was not inclined to approve it because of what happened between him and Legarda," Ambrosio said.
Ambrosio also downplayed Gonzalez’ claim that the victim’s non-appearance will affect the case.
She said what usually happens during preliminary investigation is a mere exchange of affidavits, documents and evidence.
What is more important, she said, is to keep the victim from being further traumatized. "Not all victims react that way. We must understand the situation of the victim."
She said the victim may likewise request the investigating prosecutor for a closed-door meeting. – Evangeline de Vera, Malaya
The United States Embassy has yet to answer the Philippine government’s request to take custody of the six US Marines accused of raping a Filipina in Olongapo City.
The six Marines are due to appear Wednesday at the Olongapo Prosecutor’s Office for a preliminary investigation into the charge.
The Department of Foreign Affairs made such a request, citing the extraordinary nature of the case.
DFA officials said the US Embassy refuses to turn over Dominic Duplantis, Daniel Smith, Chad Carpentier, Corey Burris, Albert Lara and Keith Silkwood to Philippine authorities until it finishes its own investigation into the case.
Foreign Affairs Secretary Alberto Romulo on Tuesday explained the need to take custody of the six Marines by saying: "Our primary interests of ensuring that justice prevails and that the rights and welfare of the victim are secured, remain. Working closely with the Department of Justice, we are taking every effort to ensure any and all accused shall be tried under Philippine laws and, if found guilty, shall be answerable for their crimes under Philippine laws."
Under the Visiting Forces Agreement, the Philippines has criminal jurisdiction over American servicemen who run afoul of its laws, but the US takes custody of them.
The Philippines, however, can request the US to relinquish custody under certain circumstances.
Romulo said the US government has been made fully aware of the importance that the Philippine government and the Filipino people are giving to the case, "as well as our sentiments and position that the Philippines has primary jurisdiction and that our laws shall govern."
He said the legal action to take custody of the Marines was underscored in several notes verbales the DFA has issued to the embassy.
"We appreciate the strong interests of Congress and the public in this case. Again, working together with the Department of Justice, we intend to address the concerns that have been raised," Romulo said.
Justice Secretary Raul M. Gonzalez said one of the six Marines, Duplantis, could get off the hook because he was not mentioned in the 22-year-old victim’s complaint or in the affidavit of the driver of the van where the alleged rape took place.
"It should be in his favor. If he is not really mentioned, he is free," Gonzalez said.
But Duplantis needs to submit a counteraffidavit indicating that he was not identified by the driver, Timoteo Soriano, and the victim, he said.
Duplantis’ name was included in the charge sheet submitted to the Olongapo Prosecutor’s Office.
Gonzalez said there is really no difference whether the Marines are detained in a Philippine jail or in the US Embassy.
"The effect is only psychological. If they are with us, we can see them every day but beyond that, what?" Gonzalez asked.
He said the important thing is that the US government assured Malacañan of full cooperation.
"But since we have filed for custody, we might as well pursue it," Gonzalez said.
At a budget hearing in the Senate, Defense Secretary Avelino Cruz disclosed plans to sign 10 more agreements on military exercises with member-countries of the Association of Southeast Asian Nations and Australia.
Senate President Franklin Drilon was concerned about exempting these countries from certain domestic laws if the VFAs are approved.
He was also surprised to know about this plan and to learn that negotiations for an agreement with Australia were going on.
"This came as a surprise to me. We were never informed of this. It came out in the media when the Australian minister mentioned this expected difficulty in the Senate. But even more surprising is the plan to enter into 10 VFAs in the Asian region. This must be scrutinized," Drilon said.
Sen. Manny Villar also expressed misgivings about these agreements, fearing a repeat of the alleged rape case in Olongapo.
"Those agreements that we enter into often leave us fooled. I suspect that this VFA with Australia will leave us shortchanged like what happened with the VFA we forged with the US."
But Cruz said the agreements will help the country effectively fight terrorism.
He also said the defense department would need the expertise and the equipment of the defense departments of other countries.
Cruz cited a provision in the Constitution which requires that a treaty be signed first before allowing foreign troops to enter the Philippines.
With Jomar Canlas and Patricia Esteves
===
Subic execs misled on VFA -- Gonzalez
Inquirer News Service
JUSTICE Secretary Raul Gonzalez said there may have been a procedural error in the turnover to United States custody of the six US soldiers accused of rape in Olongapo City but he believes it may just have been a “misinterpretation” of the Visiting Forces Agreement (VFA).
Gonzalez said it was not right for the officials of the Subic Bay Metropolitan Authority to have let the soldiers go based on a mere verbal request from the US military attaché who invoked a VFA provision stating that the US had the right to place erring servicemen under its care.
“That should have been done by diplomatic process and not through a verbal request, just because you’re an official of the embassy,” Gonzalez told a Club Intramuros forum on Tuesday.
But he said the turnover of the suspects appeared to have been caused by a mere misinterpretation of the VFA provision on custody of erring servicemen because the agreement does not state clearly that the request for custody be made in writing.
“I think the proper step should have been for the US Embassy to have requested for custody in writing,” he said.
Gonzalez recounted how he attempted to have the soldiers placed under Philippine custody on November 2 upon being informed of the incident by President Gloria Macapagal-Arroyo.
He said he had requested retired General Jose Calimlim, the SBMA intelligence and investigation chief, to keep the US soldiers under his watch while he sent a prosecutor to conduct an inquest.
But when the prosecutor arrived, the US military attaché had already taken custody of the soldiers, Gonzalez said. Leila B. Salaverria
===
6 US Marines’ appearance at preliminary probe uncertain
By Nikko Dizon, Armand N. Nocum
Inquirer News Service
THE United States Embassy Tuesday said it could not confirm “a hundred percent” if the six US Marines accused of raping a 22-year-old Filipino woman would be appearing at the preliminary investigation of the case on Wednesday at the Olongapo City prosecutor’s office.
“It is between the prosecutors and their (the soldiers’) lawyers if they need to be there,” said Matthew Lussenhop, the embassy spokesperson, in a phone interview.
Lussenhop said the embassy’s responsibility under the terms of the Visiting Forces Agreement was to make the soldiers available to Philippine courts.
The embassy has yet to respond to a request from the Department of Foreign Affairs for it to surrender the soldiers to Philippine authorities.
Justice Secretary Raul Gonzalez said he did not expect anything from Wednesday’s preliminary investigation as the victim’s lawyers were reported seeking a closed-door session and were even considering not to have their client make an appearance at all.
Gonzalez said in jest: “I don’t think sensitive issues will come out except the exhibit of the panties.”
===
DOJ chief hugas-kamay
(BJ/JL) Abante on-line
Gaya ng inaasahan, naghugas-kamay si Justice Sec. Raul Gonzalez sa paratang na pinoprotektahan nito ang interes ng Amerika sa intensyunal na pagpapabaya upang mawala sa kustodya ng Philippine authorities ang anim na US servicemen na inaakusahan ng panggagahasa sa isang 22-anyos na Zamboangueña sa Olongapo City noong Nobyembre 1.
Sa budget hearing kahapon ng Senate committee of the whole kung saan kinailangang dumalo si Gonzalez para ilatag ang hinihinging pondo ng kanyang tanggapan sa papasok na taong 2006, ipinaliwanag nito sa mga senador na ginawa nila ang lahat para mapasailalim sa kustodya ng Pilipinas ang anim na Kanong sundalo.
Sa katunayan umano ay agad niyang tinawagan noong Nobyembre 2, isang araw matapos ang insidente, si retired Gen. Jose Calimlim ng Subic Bay Metropolitan Authority (SBMA) upang hawakan ang mga suspek at huwag hayaang makasakay ng kanilang barko.
Ngunit noong ipinapa-inquest na umano niya ang mga dayuhang marino ay iniulat sa kanya ni Calimlim na agad na kinuha ng military attaché ng US Embassy ang anim na akusado upang mapasailalim umano sa kustodya ng Amerika.
Nilinaw rin ng kalihim na sa ngayon ay kumpirmadong limang sundalong Kano lamang ang nasa kustodya ng US authorities dahil ang pang-anim na suspek ay nananatiling John Doe (hindi pa tukoy).
Samantala, nagbanta kahapon ang militanteng grupo ng kababaihang Gabriela na lulusob sila sa preliminary investigation ng rape case sa Olongapo City upang magpakita ng solidong suporta sa kababayang biktima
===
Rape victim not attending hearing
THE anticipated face-off between six US servicemen accused of gang-rape in Subic Bay Freeport and their alleged victim will not materialize in today’s preliminary investigation at the Olongapo City prosecutor’s office.
"No, she will not appear. We will have her swear in before another prosecutor," said Minerva Ambrosio, the victim’s co-counsel.
She said the victim was "too traumatized and is not yet ready to face the six accused."
Ambrosio said she and other lawyers are working out ways where the victim would subscribe her affidavit before another prosecutor so she would not have to face the suspects today and on Nov. 29.
In her affidavit, the victim identified Keith Silkwood, Albert Lara, Corey Burris, Chad Carpentier, Daniel Smith and Dominic Duplantis as the ones who attacked her inside a Starex van near the Olongapo pier on Nov. 1.
Justice Secretary Raul Gonzalez said he hopes that the victim will face the accused.
"I hope the girl will really appear because that might be used by the defense to delay the proceedings and they are the ones asking for a speedy trial. Why will she not appear? I could not understand. If you are a victim and if you are outraged by what happened to you, you should appear," he said.
He said even if the victim has sworn in before another prosecutor, she would still have to face the prosecutor handling the case eventually.
Gonzalez said he received reports that the victim’s lawyers brought her to the DOJ office before noon, hoping that she could swear in before a prosecutor.
"I was not sure but I heard the complainant was downstairs. I rejected their request that I administer the swearing in because I don’t want to be accused of being biased," he said.
Ambrosio confirmed that their request was turned down by Gonzalez. She said the rejection was another evidence of the DOJ’s bias against the victim.
Earlier, Gonzalez denied lawyer Katrina Legarda’s plea to move the hearing from Olongapo City to the DOJ office in Manila.
"She (victim) was not at the DOJ, she should have been if Gonzalez granted our request. We wanted her to subscribe to her affidavit at the DOJ so she may not appear at the hearing but apparently, he was not inclined to approve it because of what happened between him and Legarda," Ambrosio said.
Ambrosio also downplayed Gonzalez’ claim that the victim’s non-appearance will affect the case.
She said what usually happens during preliminary investigation is a mere exchange of affidavits, documents and evidence.
What is more important, she said, is to keep the victim from being further traumatized. "Not all victims react that way. We must understand the situation of the victim."
She said the victim may likewise request the investigating prosecutor for a closed-door meeting. – Evangeline de Vera, Malaya
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