Legal war over custody of 4 US Marines looms
A possible legal battle looms over the custody of the four US marines accused of raping a 22-year old Filipina.
This developed after the Olongapo City Prosecutor’s Office raised a question over the US government’s rights to keep the four Marines in the US Embassy in Manila.
City Prosecutor Prudencio Jalandoni insisted that the US embassy transfer the custody of the accused servicemen to to the jurisdiction of the Philippine court despite a Malacañang’s pronouncement that the Visiting Forces Agreement (VFA) supplanted local laws.
"How can we invoke and exercise primary jurisdiction when we cannot enforce the very law in our country that are applicable to this case?" Jalandoni asked.
He announced his intentions to pursue efforts for the Philippine custody of the four Marines a day after the Olongapo City Prosecutors Office filed charges of rape against Daniel Smith, Keith Silkwood, Dominic Duplantis and Chad Carpentier.
The complaint against Albert Lara and Corey Barris, also US Marines, was dismissed after investigators said that no sufficient evidence or basis is found for them to be included in the charge sheet.
Foreign Affairs Undersecretary Zosimo Paredes II said, "when there’s a clash between a domestic procedural law and a treaty like the VFA, the treaty prevails."
Article V of the VFA provides that "the custody of any United States personnel over whom the Philippines is to exercise jurisdiction shall immediately reside with the United States military authorities, if they so request, from the commission of the offense until completion of all judicial proceedings."
Justice Secretary Raul Gonzalez said that the impression he got from a US Embassy statement was that American officials "will insist on custody during the trial."
"I suppose they will politely reject our request and if we are not satisfied, we could insist on negotiating for custody," Gonzalez said, adding that "there could be" a custody battle.
Smith’s lawyer, Benjamin Formoso, said he would fight efforts by the local court to gain custody of his client. "We will not just give in," Formoso said.
He maintained the position that the VFA and its provision on US custody apply to the case.
He said that the prosecutor’s resolution would certainly hit the economy of both Olongapo City and Subic Bay Freeport due to its anti-American message.
Katrina Legarda, the victim’s lawyer, said, "everything about custody and prosecution of the Marines is now in the hands of the (Philippine) government."
"If the Philippine government is going to give it up, what can we do?" she said.
She added, "what is important is whether or not the Philippine government has realized the idea that maybe the VFA is wrong."
Press Secretary Ignacio Bunye said that now that the case is filed with the court, "let us leave justice to take its course instead of raising speculations that would only mislead the public and affect the legal proceedings."
Bunye said, "both governments have assured that whatever the outcome, it will not, in any way, affect the close ties and friendship that binds the two countries. Philippine sovereignty and justice shall be upheld, while the rights of the accused will be fully protected."
Bunye added that both the Philippine and US governments were for the "swift resolution of this isolated case but always through the observance of due process." (Manila bulletin)
===
Arrest of 4 US servicemen pressed
Lawmakers decry US 'double standard'
By Philip C. Tubeza, Armand N. Nocum, TJ Burgonio, Inquirer
LAWMAKERS scored the special treatment accorded four US Marines charged with raping a Filipino woman who are now "detailed" at the Joint US Military Assistance Group (Jusmag), an office within the US Embassy compound in Manila. But the Department of Justice sees nothing wrong with the arrangement, though it is pressing for the court to issue the arrest warrant for the accused.
The Inquirer learned from Ed Malaya, executive director of the Department of Foreign Affairs legal division, on Thursday that the accused were on "temporary duty" at Jusmag.
Justice Secretary Raul Gonzalez said yesterday that "what's important is they [US servicemen] are available at the stage of the trial when they are needed," like their arraignment or when witnesses, especially the victim, make an "identification" of the accused.
Chief State Prosecutor Jovencito Zuño said there was nothing wrong with the four US servicemen being on duty at Jusmag.
"What's important is the moment we serve the warrants of arrest, they turn over the custody (of the accused) to the Philippine authorities. That's the crucial issue."
He said the Olongapo court should immediately issue the arrest warrants when the court convenes next week.
But he said no warrant had been issued even after a case was formally filed this month because the judges were on leave for the holidays.
He said the case would be raffled off among the four Olongapo judges on Jan. 3. The judge who gets the case would then proceed to issue the arrest warrants.
Like Zuño, Gonzalez said the court should immediately serve the warrants of arrest. "I think, technically, it must be served. That is the process, you have to serve the warrant to the accused," the justice secretary said.
Hitting the "double standard" of the US Embassy, House Minority Leader Francis Escudero said the accused should be detained.
"They should be [kept] in a detention facility very much like Filipinos who are accused of common crimes in the United States," Escudero said.
"Whatever 'special' status they have as US servicemen, they lost it when they committed a crime punishable by our laws," he said.
No violation
The US servicemen are "technically in the custody of the US," the justice secretary said.
"I don't see any violation for as long as the provision on waiver of custody remains," Gonzalez said.
He was referring to a provision in the Visiting Forces Agreement (VFA) that states that should the Americans "demand" custody of its men charged with an offense, the Philippine government can "waive our authority" to take custody of them for the duration of the trial.
"What's important is they are here," Gonzalez said. "Actually, even if they are not here, as long as the US keeps its word that they will cooperate and these people remain available at any stage of the proceedings, that is okay for me because what's important is they are here for the trial."
Six US servicemen originally underwent preliminary investigation before the Olongapo City prosecutor's office on allegations that they raped a 22-year-old Filipino woman inside a van at the Subic Bay Freeport, a former US naval base.
Four of them, along with the Filipino van driver Timoteo Soriano Jr., were formally charged on Tuesday, namely, Staff Sgt. Chad Carpentier and Lance Corporals Dominic Duplantis, Daniel Smith and Keith Silkwood. The complaints against the two others-Lance Corporals Corey Burris and Albert Lara-were dismissed.
Wrong
"Of course, it's wrong," said Bayan Muna Rep. Teodoro Casiño about letting the four US servicemen work at Jusmag instead of spending time in a detention cell.
"Under normal circumstances, they would be in jail. But because our government is such a puppet to the US, it allows these soldiers to trample over our laws," Casiño said.
"If the same thing happened in the US, do you think US authorities would tolerate this? Of course not," he said.
It's up to DOJ, DFA
For the government to gain custody of the accused, the DOJ should work for the issuance of warrants of arrest against them in accordance with the VFA and judicial procedures, Sen. Rodolfo Biazon said.
"It's the DOJ which should provide the requirements for the government to acquire custodial jurisdiction of the four American servicemen. Then the DOJ will ask the DFA to make the formal move," Biazon said in a phone interview.
"The ball is in the hands of the DOJ and DFA to seek custody of the four Marines."
Exercise sovereignty
The senator, who chairs the committee on national defense, is a member of the Legislative Oversight Committee on the VFA chaired by Sen. Miriam Defensor-Santiago and Rep. Antonio Cuenco.
Biazon remains optimistic that the government has a big chance of gaining custody of the four US servicemen despite expected strong opposition from the other camp.
"If we follow judicial procedures and the provisions of the Visiting Forces Agreement, we have a chance," he said, stressing that taking custody of the accused would stop them from "disappearing and evading prosecution."
Sen. Panfilo "Ping" Lacson, another member of the bicameral committee on the VFA, pressed the government to exercise its sovereignty to gain custody of the four Marines.
"We are a sovereign country and we have our own criminal justice system to adhere to. No one is above the law. No matter who gets hurt, the rule of law must be the highest interest that we must consider," he said.
Prosecutors earlier demanded custody of the Americans, but Undersecretary Zosimo Paredes, executive director of the Presidential Commission on the VFA, said the VFA allowed the US government to take custody of the accused until the case was decided.
Renegotiate VFA
Akbayan party-list Rep. Loretta Ann Rosales, Casi¤o and Davao del Sur Rep. Douglas Cagas said the lenient treatment of the accused emphasized the need for the Philippine government to insist that it take custody over them.
Escudero, Rosales and Bukidnon Rep. Nereus Acosta said the mere "detailing" of the four accused with Jusmag showed that the VFA should be reviewed or renegotiated "to provide parity" between the two countries.
"This should serve as a painful lesson to us so that government negotiators of similar agreements should provide for more stringent and pro-Filipino clauses that can and will protect the right to redress of our nationals should they be aggrieved," Escudero said.
Acosta said the Jusmag detail instead of detention reinforced the unequal relationship between the two countries. "This points to a clearer need to revisit the VFA agreement and recognize the fundamentally asymmetrical power relation between the US and RP."
Rosales pointed out that the United States considered the VFA a mere executive agreement since the US Senate had yet to ratify it.
"An executive agreement cannot supersede our laws. We have to assert our laws and take custody of the US [servicemen]," Rosales said.
Annex of US Embassy
The militant Bagong Alyansang Makabayan criticized the DFA for its haplessness in dealing with the US Embassy and pressing for custody of the four US servicemen.
Bayan said the DFA should not concede that the Philippines may not get custody of the accused.
"Despite all these developments, the DFA has taken a cavalier attitude toward the US servicemen. Foreign affairs officials seem to be acting as if the DFA is an annex of the US Embassy," Dr. Carol Araullo, Bayan chairperson, said.
"There should be no ifs and buts about the issue of Philippine custody. The DFA officials like Zosimo Paredes should not preempt the courts by conceding at this early juncture that the Philippines cannot gain custody of the four accused," she said. With a report from Norman Bordadora
===
Marathon trial sa Gapo rape
Ni Boyet Jadulco, Abante On-Line
Iginiit kahapon ng dalawang kongresista ang pagsasagawa ng marathon trial sa rape case na isinampa ng isang 22-anyos na Zamboangueña laban sa mga Amerikanong sundalong Marino kaugnay ng panghahalay sa kanya noong Nobyembre 1 sa Subic Free Port, Olongapo City.
Ito ay alinsunod umano sa probisyon ng Visiting Forces Agreement (VFA) na bumibigkis sa dalawang bansa.
Bukod dito, hiniling din nina Isabela Rep. Edwin Uy at Lanao del Sur Rep. Benasing Macarambon na dapat lang na isulong ng pamahalaan ang karapatan ng Pilipinas na maisailalim sa kustodya nito ang akusadong mga Kanong sundalo oras na maipalabas ang arrest warrant laban sa mga ito.
Ipinaliwanag ni Uy na alinsunod sa sandaling maibaba ang warrant laban sa mga akusado ay pagpapasyahan ng korte kung saan ikukulong ang mga ito.
Gayunpaman, aminado rin ang solon na kumplikado ang kaso dahil sa ilang probisyon ng VFA na nakakasagasa sa umiiral na batas at sa mga karapatan ng Pilipinas sa kaso.
Naniniwala rin si Uy na ang ipinakikitang determinasyon ng Olongapo City Prosecutors Office sa pag-usig sa mga akusado ay sapat nang batayan para maisulong ang isang paspasang paglilitis.
"It would be an injustice to the 22-year old Filipina victim if the case is not resolved in court just because the deadline has expired," anang mambabatas
===
Drilon: Gov’t should insist on custody of 4 US Marines
SENATE President Franklin Drilon yesterday said the government must assert its rights to have custody of the four US Marines charged with the rape of a 22-year old Filipina inside the Subic Bay Freeport last Nov. 1.
"We should continuously request through the appropriate channels custody over the four accused," Drilon said.
Charged with rape by the Olongapo City prosecutor’s office last Tuesday were Daniel Smith, Chad Carpentier, Dominic Duplantis and Keith Silkwood.
Two other US Marines, Correy Barris and Albert Lara, were cleared due to insufficiency of evidence.
Timoteo Soriano, the driver of the van where the alleged rape was committed, was indicted as accomplice.
Benjamin Formoso, Smith’s lawyer, on Wednesday said the accused will invoke Paragraph 6, Article V of the VFA which says "the custody of any United States personnel over whom the Philippines is to exercise jurisdiction shall immediately reside with United States military authorities, if they so request, from the commission of the offense until completion of all judicial proceedings."
Chief State Prosecutor Jovencito Zuño has said the custody issue will be a big question once the proceedings start.
He said even if the case is already in court the United States can retain custody of the respondents if they invoke the VFA provision on custodial rights.
He also said the case may even reach the Supreme Court that would result in further delay in the proceedings.
He said if the government fails to get custody of the accused, the US government must ensure their presence when ordered by the court.
Zuño sees a delay in the issuance of the warrant of arrest against the four US servicemen.
The Olongapo court is expected to raffle off the case on Jan. 3. – JP Lopez, Malaya
===
DOJ: RP to abide by VFA on custody of four US Marines
By Jose Rodel Clapano
In the wake of calls by some lawmakers for the government to seek custody of the four US Marines charged with raping a 22-year-old Filipina, Justice Secretary Raul Gonzalez said yesterday he will abide by the terms of the RP-US Visiting Forces Agreement (VFA) regarding their custody.
Calls for the government to take custody of the US Marines stemmed from reports that two of the servicemen earlier cleared of rape charges by the Department of Justice have flown back to their base in Okinawa, Japan.
"We will concentrate on the proper prosecution of the case. The question on the Marines’ detention pending the litigation of the case is a matter covered by the Philippine government’s commitment under the VFA and it cannot be overridden by the prosecutors. That is a treaty. We cannot renege and cannot impugn a treaty. If the lawmakers want, they can renegotiate the terms," Gonzalez said in a telephone interview.
He said that under the VFA, the Philippines has practically waived custody over US soldiers facing criminal cases in the country.
Gonzalez said the US Embassy has given its commitment to make the US Marines available when required by court proceedings.
Albert Lara and Corey Burris, two of the six US Marines accused of raping the 22-year-old Filipina at the Subic Freeport last Nov. 1, were reassigned to their base at Okinawa, Japan after being cleared of the charges.
Gonzalez said the Philippine government must respect the VFA, which was ratified by the Philippine Senate.
"I will just follow the treaty. That is the Philippine government’s obligation in that treaty. But If we want to be a rogue country, we might as well bomb the US," he said.
Gonzalez said the call by some lawmakers for the government to seek custody of the four remaining suspects is merely stirring up emotions among Filipinos.
"We are fanning emotions here. Let us just let the process go on. Then we can try the sincerity of the Americans. Whoever these people are and wherever they are, whether they are at a mall or somewhere else, we can always try them in absentia," he said.
‘Warrants meaningless’
Meanwhile, the Department of Foreign Affairs (DFA) said yesterday that the US government can invoke the VFA so the four US Marines will remain in the custody of the US embassy, but this would effectively make warrants of arrest issued by local courts meaningless.
DFA spokesman Gilberto Asuque said the US embassy in Manila is "expected" to work on getting custody of the Marines because they assured local officials that the accused would be present during the hearings.
"In case of different view on the warrants of arrest, it will be resolved at the diplomatic level," Asuque said.
He cited a Supreme Court (SC) decision in the case of Basco vs Judge Rapatalla, emphasizing that confining the accused in jail before conviction is meant to assure his presence at the trial.
While the high court ruled that the accused should be in jail prior to conviction, Asuque said that "in this case the US embassy has assured they will be presented during the trial so we have to take that into account but those matters will have to be left to the judge to make the decision on the manifestation of the counsels of both parties."
Asuque said the Philippines has already asked for custody of the accused because officials consider this an "extraordinary" case.
"We would like to emphasize that first the DFA has already sent a note verbale to the US embassy on the issue of custody stating that the Philippine government wishes to have custody of the accused in view of the extraordinary nature of the case. We shall follow that procedure, criminal procedure as well as criminal law applicable in this case," he said.
The case will be raffled off on Tuesday following the recommendation of the Olongapo City prosecutor’s office to formally file charges against them before the court. — With Pia Lee-Brago, PhilStar
This developed after the Olongapo City Prosecutor’s Office raised a question over the US government’s rights to keep the four Marines in the US Embassy in Manila.
City Prosecutor Prudencio Jalandoni insisted that the US embassy transfer the custody of the accused servicemen to to the jurisdiction of the Philippine court despite a Malacañang’s pronouncement that the Visiting Forces Agreement (VFA) supplanted local laws.
"How can we invoke and exercise primary jurisdiction when we cannot enforce the very law in our country that are applicable to this case?" Jalandoni asked.
He announced his intentions to pursue efforts for the Philippine custody of the four Marines a day after the Olongapo City Prosecutors Office filed charges of rape against Daniel Smith, Keith Silkwood, Dominic Duplantis and Chad Carpentier.
The complaint against Albert Lara and Corey Barris, also US Marines, was dismissed after investigators said that no sufficient evidence or basis is found for them to be included in the charge sheet.
Foreign Affairs Undersecretary Zosimo Paredes II said, "when there’s a clash between a domestic procedural law and a treaty like the VFA, the treaty prevails."
Article V of the VFA provides that "the custody of any United States personnel over whom the Philippines is to exercise jurisdiction shall immediately reside with the United States military authorities, if they so request, from the commission of the offense until completion of all judicial proceedings."
Justice Secretary Raul Gonzalez said that the impression he got from a US Embassy statement was that American officials "will insist on custody during the trial."
"I suppose they will politely reject our request and if we are not satisfied, we could insist on negotiating for custody," Gonzalez said, adding that "there could be" a custody battle.
Smith’s lawyer, Benjamin Formoso, said he would fight efforts by the local court to gain custody of his client. "We will not just give in," Formoso said.
He maintained the position that the VFA and its provision on US custody apply to the case.
He said that the prosecutor’s resolution would certainly hit the economy of both Olongapo City and Subic Bay Freeport due to its anti-American message.
Katrina Legarda, the victim’s lawyer, said, "everything about custody and prosecution of the Marines is now in the hands of the (Philippine) government."
"If the Philippine government is going to give it up, what can we do?" she said.
She added, "what is important is whether or not the Philippine government has realized the idea that maybe the VFA is wrong."
Press Secretary Ignacio Bunye said that now that the case is filed with the court, "let us leave justice to take its course instead of raising speculations that would only mislead the public and affect the legal proceedings."
Bunye said, "both governments have assured that whatever the outcome, it will not, in any way, affect the close ties and friendship that binds the two countries. Philippine sovereignty and justice shall be upheld, while the rights of the accused will be fully protected."
Bunye added that both the Philippine and US governments were for the "swift resolution of this isolated case but always through the observance of due process." (Manila bulletin)
===
Arrest of 4 US servicemen pressed
Lawmakers decry US 'double standard'
By Philip C. Tubeza, Armand N. Nocum, TJ Burgonio, Inquirer
LAWMAKERS scored the special treatment accorded four US Marines charged with raping a Filipino woman who are now "detailed" at the Joint US Military Assistance Group (Jusmag), an office within the US Embassy compound in Manila. But the Department of Justice sees nothing wrong with the arrangement, though it is pressing for the court to issue the arrest warrant for the accused.
The Inquirer learned from Ed Malaya, executive director of the Department of Foreign Affairs legal division, on Thursday that the accused were on "temporary duty" at Jusmag.
Justice Secretary Raul Gonzalez said yesterday that "what's important is they [US servicemen] are available at the stage of the trial when they are needed," like their arraignment or when witnesses, especially the victim, make an "identification" of the accused.
Chief State Prosecutor Jovencito Zuño said there was nothing wrong with the four US servicemen being on duty at Jusmag.
"What's important is the moment we serve the warrants of arrest, they turn over the custody (of the accused) to the Philippine authorities. That's the crucial issue."
He said the Olongapo court should immediately issue the arrest warrants when the court convenes next week.
But he said no warrant had been issued even after a case was formally filed this month because the judges were on leave for the holidays.
He said the case would be raffled off among the four Olongapo judges on Jan. 3. The judge who gets the case would then proceed to issue the arrest warrants.
Like Zuño, Gonzalez said the court should immediately serve the warrants of arrest. "I think, technically, it must be served. That is the process, you have to serve the warrant to the accused," the justice secretary said.
Hitting the "double standard" of the US Embassy, House Minority Leader Francis Escudero said the accused should be detained.
"They should be [kept] in a detention facility very much like Filipinos who are accused of common crimes in the United States," Escudero said.
"Whatever 'special' status they have as US servicemen, they lost it when they committed a crime punishable by our laws," he said.
No violation
The US servicemen are "technically in the custody of the US," the justice secretary said.
"I don't see any violation for as long as the provision on waiver of custody remains," Gonzalez said.
He was referring to a provision in the Visiting Forces Agreement (VFA) that states that should the Americans "demand" custody of its men charged with an offense, the Philippine government can "waive our authority" to take custody of them for the duration of the trial.
"What's important is they are here," Gonzalez said. "Actually, even if they are not here, as long as the US keeps its word that they will cooperate and these people remain available at any stage of the proceedings, that is okay for me because what's important is they are here for the trial."
Six US servicemen originally underwent preliminary investigation before the Olongapo City prosecutor's office on allegations that they raped a 22-year-old Filipino woman inside a van at the Subic Bay Freeport, a former US naval base.
Four of them, along with the Filipino van driver Timoteo Soriano Jr., were formally charged on Tuesday, namely, Staff Sgt. Chad Carpentier and Lance Corporals Dominic Duplantis, Daniel Smith and Keith Silkwood. The complaints against the two others-Lance Corporals Corey Burris and Albert Lara-were dismissed.
Wrong
"Of course, it's wrong," said Bayan Muna Rep. Teodoro Casiño about letting the four US servicemen work at Jusmag instead of spending time in a detention cell.
"Under normal circumstances, they would be in jail. But because our government is such a puppet to the US, it allows these soldiers to trample over our laws," Casiño said.
"If the same thing happened in the US, do you think US authorities would tolerate this? Of course not," he said.
It's up to DOJ, DFA
For the government to gain custody of the accused, the DOJ should work for the issuance of warrants of arrest against them in accordance with the VFA and judicial procedures, Sen. Rodolfo Biazon said.
"It's the DOJ which should provide the requirements for the government to acquire custodial jurisdiction of the four American servicemen. Then the DOJ will ask the DFA to make the formal move," Biazon said in a phone interview.
"The ball is in the hands of the DOJ and DFA to seek custody of the four Marines."
Exercise sovereignty
The senator, who chairs the committee on national defense, is a member of the Legislative Oversight Committee on the VFA chaired by Sen. Miriam Defensor-Santiago and Rep. Antonio Cuenco.
Biazon remains optimistic that the government has a big chance of gaining custody of the four US servicemen despite expected strong opposition from the other camp.
"If we follow judicial procedures and the provisions of the Visiting Forces Agreement, we have a chance," he said, stressing that taking custody of the accused would stop them from "disappearing and evading prosecution."
Sen. Panfilo "Ping" Lacson, another member of the bicameral committee on the VFA, pressed the government to exercise its sovereignty to gain custody of the four Marines.
"We are a sovereign country and we have our own criminal justice system to adhere to. No one is above the law. No matter who gets hurt, the rule of law must be the highest interest that we must consider," he said.
Prosecutors earlier demanded custody of the Americans, but Undersecretary Zosimo Paredes, executive director of the Presidential Commission on the VFA, said the VFA allowed the US government to take custody of the accused until the case was decided.
Renegotiate VFA
Akbayan party-list Rep. Loretta Ann Rosales, Casi¤o and Davao del Sur Rep. Douglas Cagas said the lenient treatment of the accused emphasized the need for the Philippine government to insist that it take custody over them.
Escudero, Rosales and Bukidnon Rep. Nereus Acosta said the mere "detailing" of the four accused with Jusmag showed that the VFA should be reviewed or renegotiated "to provide parity" between the two countries.
"This should serve as a painful lesson to us so that government negotiators of similar agreements should provide for more stringent and pro-Filipino clauses that can and will protect the right to redress of our nationals should they be aggrieved," Escudero said.
Acosta said the Jusmag detail instead of detention reinforced the unequal relationship between the two countries. "This points to a clearer need to revisit the VFA agreement and recognize the fundamentally asymmetrical power relation between the US and RP."
Rosales pointed out that the United States considered the VFA a mere executive agreement since the US Senate had yet to ratify it.
"An executive agreement cannot supersede our laws. We have to assert our laws and take custody of the US [servicemen]," Rosales said.
Annex of US Embassy
The militant Bagong Alyansang Makabayan criticized the DFA for its haplessness in dealing with the US Embassy and pressing for custody of the four US servicemen.
Bayan said the DFA should not concede that the Philippines may not get custody of the accused.
"Despite all these developments, the DFA has taken a cavalier attitude toward the US servicemen. Foreign affairs officials seem to be acting as if the DFA is an annex of the US Embassy," Dr. Carol Araullo, Bayan chairperson, said.
"There should be no ifs and buts about the issue of Philippine custody. The DFA officials like Zosimo Paredes should not preempt the courts by conceding at this early juncture that the Philippines cannot gain custody of the four accused," she said. With a report from Norman Bordadora
===
Marathon trial sa Gapo rape
Ni Boyet Jadulco, Abante On-Line
Iginiit kahapon ng dalawang kongresista ang pagsasagawa ng marathon trial sa rape case na isinampa ng isang 22-anyos na Zamboangueña laban sa mga Amerikanong sundalong Marino kaugnay ng panghahalay sa kanya noong Nobyembre 1 sa Subic Free Port, Olongapo City.
Ito ay alinsunod umano sa probisyon ng Visiting Forces Agreement (VFA) na bumibigkis sa dalawang bansa.
Bukod dito, hiniling din nina Isabela Rep. Edwin Uy at Lanao del Sur Rep. Benasing Macarambon na dapat lang na isulong ng pamahalaan ang karapatan ng Pilipinas na maisailalim sa kustodya nito ang akusadong mga Kanong sundalo oras na maipalabas ang arrest warrant laban sa mga ito.
Ipinaliwanag ni Uy na alinsunod sa sandaling maibaba ang warrant laban sa mga akusado ay pagpapasyahan ng korte kung saan ikukulong ang mga ito.
Gayunpaman, aminado rin ang solon na kumplikado ang kaso dahil sa ilang probisyon ng VFA na nakakasagasa sa umiiral na batas at sa mga karapatan ng Pilipinas sa kaso.
Naniniwala rin si Uy na ang ipinakikitang determinasyon ng Olongapo City Prosecutors Office sa pag-usig sa mga akusado ay sapat nang batayan para maisulong ang isang paspasang paglilitis.
"It would be an injustice to the 22-year old Filipina victim if the case is not resolved in court just because the deadline has expired," anang mambabatas
===
Drilon: Gov’t should insist on custody of 4 US Marines
SENATE President Franklin Drilon yesterday said the government must assert its rights to have custody of the four US Marines charged with the rape of a 22-year old Filipina inside the Subic Bay Freeport last Nov. 1.
"We should continuously request through the appropriate channels custody over the four accused," Drilon said.
Charged with rape by the Olongapo City prosecutor’s office last Tuesday were Daniel Smith, Chad Carpentier, Dominic Duplantis and Keith Silkwood.
Two other US Marines, Correy Barris and Albert Lara, were cleared due to insufficiency of evidence.
Timoteo Soriano, the driver of the van where the alleged rape was committed, was indicted as accomplice.
Benjamin Formoso, Smith’s lawyer, on Wednesday said the accused will invoke Paragraph 6, Article V of the VFA which says "the custody of any United States personnel over whom the Philippines is to exercise jurisdiction shall immediately reside with United States military authorities, if they so request, from the commission of the offense until completion of all judicial proceedings."
Chief State Prosecutor Jovencito Zuño has said the custody issue will be a big question once the proceedings start.
He said even if the case is already in court the United States can retain custody of the respondents if they invoke the VFA provision on custodial rights.
He also said the case may even reach the Supreme Court that would result in further delay in the proceedings.
He said if the government fails to get custody of the accused, the US government must ensure their presence when ordered by the court.
Zuño sees a delay in the issuance of the warrant of arrest against the four US servicemen.
The Olongapo court is expected to raffle off the case on Jan. 3. – JP Lopez, Malaya
===
DOJ: RP to abide by VFA on custody of four US Marines
By Jose Rodel Clapano
In the wake of calls by some lawmakers for the government to seek custody of the four US Marines charged with raping a 22-year-old Filipina, Justice Secretary Raul Gonzalez said yesterday he will abide by the terms of the RP-US Visiting Forces Agreement (VFA) regarding their custody.
Calls for the government to take custody of the US Marines stemmed from reports that two of the servicemen earlier cleared of rape charges by the Department of Justice have flown back to their base in Okinawa, Japan.
"We will concentrate on the proper prosecution of the case. The question on the Marines’ detention pending the litigation of the case is a matter covered by the Philippine government’s commitment under the VFA and it cannot be overridden by the prosecutors. That is a treaty. We cannot renege and cannot impugn a treaty. If the lawmakers want, they can renegotiate the terms," Gonzalez said in a telephone interview.
He said that under the VFA, the Philippines has practically waived custody over US soldiers facing criminal cases in the country.
Gonzalez said the US Embassy has given its commitment to make the US Marines available when required by court proceedings.
Albert Lara and Corey Burris, two of the six US Marines accused of raping the 22-year-old Filipina at the Subic Freeport last Nov. 1, were reassigned to their base at Okinawa, Japan after being cleared of the charges.
Gonzalez said the Philippine government must respect the VFA, which was ratified by the Philippine Senate.
"I will just follow the treaty. That is the Philippine government’s obligation in that treaty. But If we want to be a rogue country, we might as well bomb the US," he said.
Gonzalez said the call by some lawmakers for the government to seek custody of the four remaining suspects is merely stirring up emotions among Filipinos.
"We are fanning emotions here. Let us just let the process go on. Then we can try the sincerity of the Americans. Whoever these people are and wherever they are, whether they are at a mall or somewhere else, we can always try them in absentia," he said.
‘Warrants meaningless’
Meanwhile, the Department of Foreign Affairs (DFA) said yesterday that the US government can invoke the VFA so the four US Marines will remain in the custody of the US embassy, but this would effectively make warrants of arrest issued by local courts meaningless.
DFA spokesman Gilberto Asuque said the US embassy in Manila is "expected" to work on getting custody of the Marines because they assured local officials that the accused would be present during the hearings.
"In case of different view on the warrants of arrest, it will be resolved at the diplomatic level," Asuque said.
He cited a Supreme Court (SC) decision in the case of Basco vs Judge Rapatalla, emphasizing that confining the accused in jail before conviction is meant to assure his presence at the trial.
While the high court ruled that the accused should be in jail prior to conviction, Asuque said that "in this case the US embassy has assured they will be presented during the trial so we have to take that into account but those matters will have to be left to the judge to make the decision on the manifestation of the counsels of both parties."
Asuque said the Philippines has already asked for custody of the accused because officials consider this an "extraordinary" case.
"We would like to emphasize that first the DFA has already sent a note verbale to the US embassy on the issue of custody stating that the Philippine government wishes to have custody of the accused in view of the extraordinary nature of the case. We shall follow that procedure, criminal procedure as well as criminal law applicable in this case," he said.
The case will be raffled off on Tuesday following the recommendation of the Olongapo City prosecutor’s office to formally file charges against them before the court. — With Pia Lee-Brago, PhilStar
posted by OlongapoCity Zambales at
6:16 PM
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