US to hire more lawyers for GIs
By Pia Lee-Brago, The Philippine Star
Two Filipino lawyers will defend the six United States servicemen charged with raping a 22-year-old Filipina at the Subic Freeport last Nov. 1, but the US government intends to hire additional lawyers for each of the accused.
Undersecretary Zosimo Paredes, executive director of the Presidential Commission on the Visiting Forces Agreement (VFA), said yesterday the US Embassy hired the services of the two Filipino lawyers, but did not disclose their names.
"There are two Filipino lawyers for the six US Marines. We do not know their names, but they are planning to hire more — at least one lawyer for each of them," Paredes said.
The American servicemen were presented to Paredes yesterday for the first time during a conference at the embassy.
Paredes said the six suspects assured him they would attend the three court proceedings — the preliminary hearing for possible identification by their accuser, arraignment and the promulgation where the court will hand down its decision on the rape charges.
"But in all other court proceedings, only their lawyers will represent them," he said.
Paredes added that embassy officials also assured that the US government would not obstruct the judicial proceedings.
"They are very greatly sorry. They feel as sorry as we are. They are not at all obstructing us," he said.
Meanwhile, the US Embassy denied that the six Marines have requested they be transferred to their Okinawa home base in Japan.
"The embassy received no such request. We made no such request. We plan to have the Marines available to the investigators as the VFA requires, and that is what we will do. We have certainly not requested that the Marines depart the country," US Embassy press attaché Matthew Lussenhop said in a radio interview.
He added "the Filipino government has requested that the service members appear before Filipino investigators, and that will happen. They are still here in the country."
Paredes said the reported request for the Marines’ transfer is not true and was not made by US authorities.
Done by December
In a telephone interview with The STAR, Olongapo City prosecutor Raymund Viray said "barring complications," the case could be resolved by the second week of December.
Viray said his office has already invited the six US Marines to the preliminary investigation. He said the invitation was coursed through the Department of Foreign Affairs (DFA) as a matter of protocol.
He said the presence of the suspects in the preliminary investigations is "not mandatory and they can be represented by their legal counsel."
"It’s too early to determine the strength of the case against them until we have finished with the preliminary investigations," Viray said, noting that his office had not been given the name of the lawyers representing the suspects.
Peter Bautista of the Subic Bay Metropolitan Authority (SBMA) police intelligence department said that apart from the alleged rape victim’s testimony, his department also forwarded the testimonies of three witnesses to the Olongapo prosecutor’s office.
The testimonies are that of driver Timoteo Soriano Jr., who was driving the Starex van in which the purported rape occurred; a woman who claimed to have helped the victim after the latter was allegedly dumped by the Americans following the rape; and a member of the SBMA police. The names of the woman and the policeman were not immediately available.
Viray said that should the six US Marines be absent during the preliminary investigations, this would deprive them of the "opportunity to expound on the counter-affidavits they will submit," nor will they be "able to forward clarificatory questions to the complainants."
He also said Soriano has "not intimated" any plans to retract his earlier statement declaring himself as a witness to the rape allegedly committed by the American soldiers inside the van he was driving.
Earlier, sources said Soriano told his employers that members of the Subic Freeport police pressured him into signing his initial testimony.
The victim’s family has sought the help of Sen. Richard Gordon, a former administrator of the SBMA, who vowed to provide top-flight lawyers for the victim.
The suspects named in the summons are Staff Sgts. Keith Silkwood, Daniel Smith, Albert Lara, Corey Burris and Chad Carpenter, all members of the 31st Marine Expeditionary Unit based in Okinawa, Japan. The sixth soldier involved in the case, reportedly Dominic Duplantis, has yet to be included in the charge sheet. Timely Visit
As this developed, a senior American diplomat was expected to arrive yesterday for two days of talks with Philippine officials.
Eric John, deputy assistant secretary of state for East Asian and Pacific Affairs, was scheduled to take part in discussions at the DFA, the US embassy said in a statement, without elaborating.
Scott Bellard, the embassy’s acting deputy chief of mission, said John’s visit was scheduled a long time ago and had nothing to do with the rape case, although the matter might be raised during John’s meeting with President Arroyo at Malacañang.
The alleged rape has whipped up emotions in the Philippines, a former American colony, with left-wing activists calling for Manila to scrap the Visiting Forces Agreement with Washington that allows American troops to train in the country.
Despite almost daily protests in front of the US embassy, both governments have expressed confidence that the case will not affect the strong political, economic and military ties between the two countries.
"It’s an unfortunate incident, but this does not negatively impact US-Filipino relations. We still have a lot of really important work to do with the government of the Philippines and the Filipino people in terms of counterterrorism, addressing global challenges like avian flu," Lussenhop said.
The accused Marines, whose identities and units were not disclosed by US officials, were ordered to submit their replies to the allegation that they raped the woman in a moving van on Nov. 23 and 29. Glaring Deficiency
Sen. Miriam Defensor-Santiago, who chairs the legislative oversight committee on the VFA, said she is waiting for confirmation on whether the US Embassy requested the transfer of the six servicemen.
She said a confirmation would prompt her to immediately convene the oversight committee to review the VFA.
"There is a glaring deficiency in the VFA as presently written because there is no provision on who shall have custody over American personnel when they are charged with a crime committed in Philippine territory and punishable by Philippine law," Santiago said.
She said the committee would study the possibility of amending or terminating the VFA.
"Under the VFA, the procedure is simple. We simply send formal written notice to the US government that we terminate the VFA and six months from notice it terminates on its own," Santiago said.
With the question of custody over the suspects still at the crux of discussions on the case, Santiago urged Foreign Affairs Secretary Alberto Romulo to issue a formal request for custody, as provided for under the VFA. She pointed out that the VFA allows the Philippine government to request custody of the accused in extraordinary cases.
"I consider this an extraordinary case because Filipino passions are running very, very high and it would be simpler if the US Marines were kept in the custody of the US authorities (in the country) and they will make an announcement that the presence of the accused will be guaranteed during the preliminary investigation when called for," she said.
Santiago said the Philippines and the US could just agree on a detention facility acceptable to both sides while the hearings take place.
She said the VFA is important to the US because the Philippines is a close ally in the war against terror. In the event that the Philippines scraps its VFA with the US, the country can enter into a similar agreement with other countries, particularly China and others considered adversaries by the US. — With Ding Cervantes, Marvin Sy, AP
===
'VFA doesn't require Marines' detention in RP'
By Volt Contreras, Inquirer News Service, Associated Press
THE US EMBASSY said yesterday there was nothing in the Visiting Forces Agreement that called on the United States to detain in the Philippines the six American servicemen accused of raping a Filipino so long as they would appear when needed in the case against them.
Embassy spokesperson Matthew Lussenhop said he shared the view expressed by Foreign Undersecretary Zosimo Paredes that the VFA did not specify that US servicemen accused of criminal offenses in the country should be kept here. Paredes said what was required was for these men be present when needed during litigation.
"There's no provision on that. Nothing in it says they remain in the country," said Lussenhop when the Inquirer sought his comment on Paredes' remarks made on Wednesday.
Lussenhop denied that a request had been made to Philippine officials to allow the six servicemen to leave the country for their home base in Okinawa, Japan.
"That's absolutely not true," he said.
On Wednesday, an official of the Subic Bay Metropolitan Authority (SBMA) confirmed that the Americans had made unofficial requests to transfer the accused servicemen to their mother unit based in Okinawa.
Lussenhop maintained that the servicemen were still in the Philippines under US custody and that "we will honor" the terms of the VFA with respect to making the accused available for judicial proceedings here.
Paredes meets accused
In a statement last night, the Department of Foreign Affairs (DFA) said Paredes earlier met with the six US Marines upon instruction of Executive Secretary Eduardo Ermita and Foreign Secretary Alberto Romulo.
"I went to the embassy and saw the six servicemen. The six are in the custody of US embassy officials and under guard," Paredes said.
"This should assure our public that said suspects are in the country," he said.
He said in a television interview that the servicemen told him they would appear in at least three legal proceedings -- the preliminary investigation, arraignment and promulgation of the decision.
In a criminal complaint filed in the Olongapo City Prosecutor's Office, the 22-year-old Filipino, who requested that her name be withheld, said she was gang-raped inside a Kia Starex van by six Americans at the Subic Bay Freeport on Nov. 1. The Americans were from the aircraft carrier USS Essex, which participated in the recent RP-US counterterrorism exercises and departed last Thursday.
The six Marines were served subpoenas on Tuesday to appear before the Olongapo City prosecutor's office on Nov. 23 and 29.
Also yesterday, the embassy said that Eric G. John, deputy assistant secretary of state for East Asian and Pacific Affairs, flew to Manila a day after the mother of the rape victim made an impassioned plea to President Gloria Macapagal-Arroyo to "please help my daughter get justice."
He is to meet with Ms Arroyo and Romulo. Arrangements for a call on Defense Secretary Avelino Cruz were also being made.
John is scheduled to give a news conference on Friday at the end of a two-day stop in the course of his first tour of the region since he was appointed in July.
Victim recovering
SBMA officials said the woman, a daughter of a former naval officer and a college graduate from Zamboanga City, had gone to Subic to accompany a stepsister who was meeting her boyfriend. While bar-hopping, she was taken by the Americans to a van, raped and later dumped, intoxicated and almost naked, at the waterfront.
Margarita Sampang, chief of the Department of Social Welfare and Development in Central Luzon, said the woman was "responding positively" to counseling sessions by crisis management specialists.
"Her responses are OK. She's out of the state of shock. She's still sad but is emotionally preparing herself," said Sampang.
A family source said the woman met with her lawyer yesterday, indicating her determination to pursue the case.
'We're mad'
Senator Miriam Defensor-Santiago yesterday warned the United States it could further inflame Filipino emotions and force the Philippines to terminate the VFA if the six servicemen were allowed to leave the country.
"Yes, we're mad. We're about to hit the roof," said Santiago, chair of the Senate foreign relations committee and the legislative oversight committee on the VFA.
Santiago said she saw no reason for taking the accused to Okinawa only to bring them back to the country for the trial.
"This places many sub-rosa questions in the mind of the ordinary Filipino public and the last thing you want to do is to inflame the passions that are already running high even higher, that will be achieved if the Marines are transferred during this period," Santiago said.
She admitted, however, that Scott Bellard, deputy chief of mission, had only told her that the US side would ensure that the accused would be produced during the preliminary investigation when their presence was needed.
Cracks in US statement
"I am a lawyer, I very easily read between the lines. There are cracks in the statement. It seemed to me that he was opening a window towards the possibility that they (accused) will be outside of the Philippines except when their presence is demanded," Santiago said.
Senator Rodolfo Biazon, chair of the Senate committee on national defense and security, issued a similar warning.
"It is very clear that the Philippines should maintain primary jurisdiction over this case. If this is not followed, the Senate may recommend the abrogation of the treaty," Biazon said.
Senator Joker Arroyo said nothing would prevent the United States from shipping the servicemen out of the country but said doing this would amount to bad faith.
"They should keep them in the Philippines as much as possible (even) just for show. If you remove them, it sends a message that they are not sincere," Arroyo said.
Bayan Muna party-list Representative Satur Ocampo said Ms Arroyo should formally request the US Embassy to turn over custody of the American soldiers "and certify the importance of the rape case."
"Mrs. Arroyo should tell the US government that the US soldiers should be placed under Philippine custody as required by our rules of court and that rape, being a heinous crime in the Philippines, would have to be dealt with with the full force of the law," said Ocampo. With reports from Philip C. Tubeza, Juliet Labog-Javellana, Nikko Dizon, Tonette Orejas, PDI Central Luzon Desk and Associated Press
===
Condom, panty idi-DNA test
Ang Pilipino STAR Ngayon
Isinailalim na kahapon sa deoxyribonucleic acid (DNA) test ng mga forensic expert ang panty ng 22-anyos na biktima ng rape at ang condom na ginamit ng mga akusadong US servicemen sa naganap na krimen noong Nobyembre 1 sa Subic Bay Freeport Zone.
"We will check the evidence for whatever bodily fluids, may it be semen or perspiration," pahayag ni P/Chief Supt. Ernesto Belen, hepe ng PNP Crime Lab sa Camp Crame.
Sinabi ni Belen, ang sample ng fluid na nakuha sa pinangyarihan ng krimen ay isinailalim na sa DNA test at ang resulta ay kanilang isusumite sa mga prosekutor ng gobyerno na humahawak ng kaso.
"They [prosecutors] can then ask for DNA samples from the victims and the accused for matching," ayon pa sa opisyal.
Kabilang sa mga akusadong US Marines na may ranggong staff Sgt. ay nakilalang sina Keith Silkwood, Daniel Smith, Albert Lara, Corey Burris, Chad Carpenter, habang si Dominic Duplantis ay hindi idinamay ng biktima sa kaso dahil hindi umano ito kabilang sa humalay sa kaniya.
Samantala, pinabulaanan naman kahapon ng US Embassy na may kahilingan na ang anim na akusado na makabalik na sa kanilang home base sa Okinawa, Japan habang isinasagawa ang paglilitis. Sinabi ni US Press Attache Mathew Lussenhop na mananatili ang mga akusado sa bansa hanggang dinidinig ang kasong rape.
"The VFA clearly provides that we make them available whenever the Philippines aurthorities require them", pahayag pa ni Lussenhop.
Kinontra naman ng Department of Justice na mailipat sa Okinawa, Japan ang venue ng paglilitis laban sa mga akusadong Kano
Batay sa ulat, ang 22-anyos na biktima ay nagbakasyon lamang sa Subic Bay Freeport mula sa Zamboanga City kasama ang ilang pinsang babae hanggang sa sumambulat ang kontrobersyal na insidente na kinasangkutan ng mga akusadong Kano noong Nobyembre 1.
Ang mga akusadong US Marines ay sinampahan na ng kasong kriminal sa korte at pinadalhan na ng subpoena noong Miyerkules para dumalo sa pagdinig sa Nobyembre 23, 2005. (Joy Cantos At Ellen Fernando, Dagdag ulat ni Grace dela Cruz)
Two Filipino lawyers will defend the six United States servicemen charged with raping a 22-year-old Filipina at the Subic Freeport last Nov. 1, but the US government intends to hire additional lawyers for each of the accused.
Undersecretary Zosimo Paredes, executive director of the Presidential Commission on the Visiting Forces Agreement (VFA), said yesterday the US Embassy hired the services of the two Filipino lawyers, but did not disclose their names.
"There are two Filipino lawyers for the six US Marines. We do not know their names, but they are planning to hire more — at least one lawyer for each of them," Paredes said.
The American servicemen were presented to Paredes yesterday for the first time during a conference at the embassy.
Paredes said the six suspects assured him they would attend the three court proceedings — the preliminary hearing for possible identification by their accuser, arraignment and the promulgation where the court will hand down its decision on the rape charges.
"But in all other court proceedings, only their lawyers will represent them," he said.
Paredes added that embassy officials also assured that the US government would not obstruct the judicial proceedings.
"They are very greatly sorry. They feel as sorry as we are. They are not at all obstructing us," he said.
Meanwhile, the US Embassy denied that the six Marines have requested they be transferred to their Okinawa home base in Japan.
"The embassy received no such request. We made no such request. We plan to have the Marines available to the investigators as the VFA requires, and that is what we will do. We have certainly not requested that the Marines depart the country," US Embassy press attaché Matthew Lussenhop said in a radio interview.
He added "the Filipino government has requested that the service members appear before Filipino investigators, and that will happen. They are still here in the country."
Paredes said the reported request for the Marines’ transfer is not true and was not made by US authorities.
Done by December
In a telephone interview with The STAR, Olongapo City prosecutor Raymund Viray said "barring complications," the case could be resolved by the second week of December.
Viray said his office has already invited the six US Marines to the preliminary investigation. He said the invitation was coursed through the Department of Foreign Affairs (DFA) as a matter of protocol.
He said the presence of the suspects in the preliminary investigations is "not mandatory and they can be represented by their legal counsel."
"It’s too early to determine the strength of the case against them until we have finished with the preliminary investigations," Viray said, noting that his office had not been given the name of the lawyers representing the suspects.
Peter Bautista of the Subic Bay Metropolitan Authority (SBMA) police intelligence department said that apart from the alleged rape victim’s testimony, his department also forwarded the testimonies of three witnesses to the Olongapo prosecutor’s office.
The testimonies are that of driver Timoteo Soriano Jr., who was driving the Starex van in which the purported rape occurred; a woman who claimed to have helped the victim after the latter was allegedly dumped by the Americans following the rape; and a member of the SBMA police. The names of the woman and the policeman were not immediately available.
Viray said that should the six US Marines be absent during the preliminary investigations, this would deprive them of the "opportunity to expound on the counter-affidavits they will submit," nor will they be "able to forward clarificatory questions to the complainants."
He also said Soriano has "not intimated" any plans to retract his earlier statement declaring himself as a witness to the rape allegedly committed by the American soldiers inside the van he was driving.
Earlier, sources said Soriano told his employers that members of the Subic Freeport police pressured him into signing his initial testimony.
The victim’s family has sought the help of Sen. Richard Gordon, a former administrator of the SBMA, who vowed to provide top-flight lawyers for the victim.
The suspects named in the summons are Staff Sgts. Keith Silkwood, Daniel Smith, Albert Lara, Corey Burris and Chad Carpenter, all members of the 31st Marine Expeditionary Unit based in Okinawa, Japan. The sixth soldier involved in the case, reportedly Dominic Duplantis, has yet to be included in the charge sheet. Timely Visit
As this developed, a senior American diplomat was expected to arrive yesterday for two days of talks with Philippine officials.
Eric John, deputy assistant secretary of state for East Asian and Pacific Affairs, was scheduled to take part in discussions at the DFA, the US embassy said in a statement, without elaborating.
Scott Bellard, the embassy’s acting deputy chief of mission, said John’s visit was scheduled a long time ago and had nothing to do with the rape case, although the matter might be raised during John’s meeting with President Arroyo at Malacañang.
The alleged rape has whipped up emotions in the Philippines, a former American colony, with left-wing activists calling for Manila to scrap the Visiting Forces Agreement with Washington that allows American troops to train in the country.
Despite almost daily protests in front of the US embassy, both governments have expressed confidence that the case will not affect the strong political, economic and military ties between the two countries.
"It’s an unfortunate incident, but this does not negatively impact US-Filipino relations. We still have a lot of really important work to do with the government of the Philippines and the Filipino people in terms of counterterrorism, addressing global challenges like avian flu," Lussenhop said.
The accused Marines, whose identities and units were not disclosed by US officials, were ordered to submit their replies to the allegation that they raped the woman in a moving van on Nov. 23 and 29. Glaring Deficiency
Sen. Miriam Defensor-Santiago, who chairs the legislative oversight committee on the VFA, said she is waiting for confirmation on whether the US Embassy requested the transfer of the six servicemen.
She said a confirmation would prompt her to immediately convene the oversight committee to review the VFA.
"There is a glaring deficiency in the VFA as presently written because there is no provision on who shall have custody over American personnel when they are charged with a crime committed in Philippine territory and punishable by Philippine law," Santiago said.
She said the committee would study the possibility of amending or terminating the VFA.
"Under the VFA, the procedure is simple. We simply send formal written notice to the US government that we terminate the VFA and six months from notice it terminates on its own," Santiago said.
With the question of custody over the suspects still at the crux of discussions on the case, Santiago urged Foreign Affairs Secretary Alberto Romulo to issue a formal request for custody, as provided for under the VFA. She pointed out that the VFA allows the Philippine government to request custody of the accused in extraordinary cases.
"I consider this an extraordinary case because Filipino passions are running very, very high and it would be simpler if the US Marines were kept in the custody of the US authorities (in the country) and they will make an announcement that the presence of the accused will be guaranteed during the preliminary investigation when called for," she said.
Santiago said the Philippines and the US could just agree on a detention facility acceptable to both sides while the hearings take place.
She said the VFA is important to the US because the Philippines is a close ally in the war against terror. In the event that the Philippines scraps its VFA with the US, the country can enter into a similar agreement with other countries, particularly China and others considered adversaries by the US. — With Ding Cervantes, Marvin Sy, AP
===
'VFA doesn't require Marines' detention in RP'
By Volt Contreras, Inquirer News Service, Associated Press
THE US EMBASSY said yesterday there was nothing in the Visiting Forces Agreement that called on the United States to detain in the Philippines the six American servicemen accused of raping a Filipino so long as they would appear when needed in the case against them.
Embassy spokesperson Matthew Lussenhop said he shared the view expressed by Foreign Undersecretary Zosimo Paredes that the VFA did not specify that US servicemen accused of criminal offenses in the country should be kept here. Paredes said what was required was for these men be present when needed during litigation.
"There's no provision on that. Nothing in it says they remain in the country," said Lussenhop when the Inquirer sought his comment on Paredes' remarks made on Wednesday.
Lussenhop denied that a request had been made to Philippine officials to allow the six servicemen to leave the country for their home base in Okinawa, Japan.
"That's absolutely not true," he said.
On Wednesday, an official of the Subic Bay Metropolitan Authority (SBMA) confirmed that the Americans had made unofficial requests to transfer the accused servicemen to their mother unit based in Okinawa.
Lussenhop maintained that the servicemen were still in the Philippines under US custody and that "we will honor" the terms of the VFA with respect to making the accused available for judicial proceedings here.
Paredes meets accused
In a statement last night, the Department of Foreign Affairs (DFA) said Paredes earlier met with the six US Marines upon instruction of Executive Secretary Eduardo Ermita and Foreign Secretary Alberto Romulo.
"I went to the embassy and saw the six servicemen. The six are in the custody of US embassy officials and under guard," Paredes said.
"This should assure our public that said suspects are in the country," he said.
He said in a television interview that the servicemen told him they would appear in at least three legal proceedings -- the preliminary investigation, arraignment and promulgation of the decision.
In a criminal complaint filed in the Olongapo City Prosecutor's Office, the 22-year-old Filipino, who requested that her name be withheld, said she was gang-raped inside a Kia Starex van by six Americans at the Subic Bay Freeport on Nov. 1. The Americans were from the aircraft carrier USS Essex, which participated in the recent RP-US counterterrorism exercises and departed last Thursday.
The six Marines were served subpoenas on Tuesday to appear before the Olongapo City prosecutor's office on Nov. 23 and 29.
Also yesterday, the embassy said that Eric G. John, deputy assistant secretary of state for East Asian and Pacific Affairs, flew to Manila a day after the mother of the rape victim made an impassioned plea to President Gloria Macapagal-Arroyo to "please help my daughter get justice."
He is to meet with Ms Arroyo and Romulo. Arrangements for a call on Defense Secretary Avelino Cruz were also being made.
John is scheduled to give a news conference on Friday at the end of a two-day stop in the course of his first tour of the region since he was appointed in July.
Victim recovering
SBMA officials said the woman, a daughter of a former naval officer and a college graduate from Zamboanga City, had gone to Subic to accompany a stepsister who was meeting her boyfriend. While bar-hopping, she was taken by the Americans to a van, raped and later dumped, intoxicated and almost naked, at the waterfront.
Margarita Sampang, chief of the Department of Social Welfare and Development in Central Luzon, said the woman was "responding positively" to counseling sessions by crisis management specialists.
"Her responses are OK. She's out of the state of shock. She's still sad but is emotionally preparing herself," said Sampang.
A family source said the woman met with her lawyer yesterday, indicating her determination to pursue the case.
'We're mad'
Senator Miriam Defensor-Santiago yesterday warned the United States it could further inflame Filipino emotions and force the Philippines to terminate the VFA if the six servicemen were allowed to leave the country.
"Yes, we're mad. We're about to hit the roof," said Santiago, chair of the Senate foreign relations committee and the legislative oversight committee on the VFA.
Santiago said she saw no reason for taking the accused to Okinawa only to bring them back to the country for the trial.
"This places many sub-rosa questions in the mind of the ordinary Filipino public and the last thing you want to do is to inflame the passions that are already running high even higher, that will be achieved if the Marines are transferred during this period," Santiago said.
She admitted, however, that Scott Bellard, deputy chief of mission, had only told her that the US side would ensure that the accused would be produced during the preliminary investigation when their presence was needed.
Cracks in US statement
"I am a lawyer, I very easily read between the lines. There are cracks in the statement. It seemed to me that he was opening a window towards the possibility that they (accused) will be outside of the Philippines except when their presence is demanded," Santiago said.
Senator Rodolfo Biazon, chair of the Senate committee on national defense and security, issued a similar warning.
"It is very clear that the Philippines should maintain primary jurisdiction over this case. If this is not followed, the Senate may recommend the abrogation of the treaty," Biazon said.
Senator Joker Arroyo said nothing would prevent the United States from shipping the servicemen out of the country but said doing this would amount to bad faith.
"They should keep them in the Philippines as much as possible (even) just for show. If you remove them, it sends a message that they are not sincere," Arroyo said.
Bayan Muna party-list Representative Satur Ocampo said Ms Arroyo should formally request the US Embassy to turn over custody of the American soldiers "and certify the importance of the rape case."
"Mrs. Arroyo should tell the US government that the US soldiers should be placed under Philippine custody as required by our rules of court and that rape, being a heinous crime in the Philippines, would have to be dealt with with the full force of the law," said Ocampo. With reports from Philip C. Tubeza, Juliet Labog-Javellana, Nikko Dizon, Tonette Orejas, PDI Central Luzon Desk and Associated Press
===
Condom, panty idi-DNA test
Ang Pilipino STAR Ngayon
Isinailalim na kahapon sa deoxyribonucleic acid (DNA) test ng mga forensic expert ang panty ng 22-anyos na biktima ng rape at ang condom na ginamit ng mga akusadong US servicemen sa naganap na krimen noong Nobyembre 1 sa Subic Bay Freeport Zone.
"We will check the evidence for whatever bodily fluids, may it be semen or perspiration," pahayag ni P/Chief Supt. Ernesto Belen, hepe ng PNP Crime Lab sa Camp Crame.
Sinabi ni Belen, ang sample ng fluid na nakuha sa pinangyarihan ng krimen ay isinailalim na sa DNA test at ang resulta ay kanilang isusumite sa mga prosekutor ng gobyerno na humahawak ng kaso.
"They [prosecutors] can then ask for DNA samples from the victims and the accused for matching," ayon pa sa opisyal.
Kabilang sa mga akusadong US Marines na may ranggong staff Sgt. ay nakilalang sina Keith Silkwood, Daniel Smith, Albert Lara, Corey Burris, Chad Carpenter, habang si Dominic Duplantis ay hindi idinamay ng biktima sa kaso dahil hindi umano ito kabilang sa humalay sa kaniya.
Samantala, pinabulaanan naman kahapon ng US Embassy na may kahilingan na ang anim na akusado na makabalik na sa kanilang home base sa Okinawa, Japan habang isinasagawa ang paglilitis. Sinabi ni US Press Attache Mathew Lussenhop na mananatili ang mga akusado sa bansa hanggang dinidinig ang kasong rape.
"The VFA clearly provides that we make them available whenever the Philippines aurthorities require them", pahayag pa ni Lussenhop.
Kinontra naman ng Department of Justice na mailipat sa Okinawa, Japan ang venue ng paglilitis laban sa mga akusadong Kano
Batay sa ulat, ang 22-anyos na biktima ay nagbakasyon lamang sa Subic Bay Freeport mula sa Zamboanga City kasama ang ilang pinsang babae hanggang sa sumambulat ang kontrobersyal na insidente na kinasangkutan ng mga akusadong Kano noong Nobyembre 1.
Ang mga akusadong US Marines ay sinampahan na ng kasong kriminal sa korte at pinadalhan na ng subpoena noong Miyerkules para dumalo sa pagdinig sa Nobyembre 23, 2005. (Joy Cantos At Ellen Fernando, Dagdag ulat ni Grace dela Cruz)
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