Arrest warrants out; RP custody of 4 US Marines still in limbo
AN Olongapo judge yesterday issued arrest warrants for four US Marines charged with raping a 22-year-old Filipina but said diplomacy should settle a debate over custody of the accused.
Executive Judge Renato Dilag of the regional trial court in Olongapo City issued the arrest warrants to agents from the NBI for transmittal to the foreign affairs department, which will serve them to the US embassy where the accused are detained.
In issuing the warrants, Dilag said sovereignty and national pride are part of the case.
But he said given the legal process in light of the (Visiting Forces Agreement) treaty, "we can first try to exhaust diplomatic means to get the custody of the four servicemen."
Dilag’s statement appeared to be softer than his assertion on January 3 that he would "invoke our sovereignty and must take custody over the accused within the Philippine court."
The four soldiers charged with rape in late December are Daniel Smith, Chad Carpentier, Keith Silkwood and Dominic Duplantis.
They were among six members of the 31st Marine Expeditionary Unit initially accused of raping the woman in a van at a former US navy base in Subic Bay on Nov. 1.
Two other US Marines were cleared for lack of evidence.
Dilag did not issue a warrant for Timoteo Soriano, the driver of the van where the alleged rape took place, saying he was "never accused of having committed any offense."
The DFA said the transfer of custody is not imminent in spite of the arrest warrant.
In an interview with ANC, DFA spokesman Gilberto Asuque said the actual serving of the arrest warrant will have to take into consideration obligations of the Philippines under the VFA.
He said there will be diplomatic negotiations for the enforcement of the arrest warrants, adding that the Subic rape case "is no ordinary case."
"I take note that in the resolution issued by Judge Dilag on the arrest warrants he (mentioned) the strong force of the law. I may have to paraphrase him that the strong force of the law would not have to be availed of at the moment pending the result of the diplomatic negotiations."
Asuque said even if the arrest warrants are served, the transfer of custody is not a simple procedure.
He added the issue on immediate custody will pass through diplomatic channels.
"As from the beginning, on all legal and judicial matters concerning the Subic case including the issue of the warrant of arrest, the DFA shall be guided by the legal advice of the DOJ," Asuque said in a statement.
"We continue to pursue this matter through diplomatic channels and any differences shall be solved through dialogue and diplomacy," Asuque added.
The US embassy said Washington has already received the Philippine government’s request for custody of the accused and is taking it into full account as called for in the VFA.
Embassy spokesman Matthew Lussenhop said Thursday that it was possible Washington will turn down the request because under the VFA, custody of the accused resides with the US government until the end of the judicial proceedings.
The PNP is ready to assist authorities in serving the warrants.
PNP spokesman Chief Supt. Leopoldo Bataoil said once they have a copy of the arrest warrants, they will forward it to the Criminal Investigation and Detection Group.
Bataoil said proper coordination will be made with the DFA, NBI and DOJ. – Marilou Jumilla - Malaya, Raymond Africa and Reuters
Executive Judge Renato Dilag of the regional trial court in Olongapo City issued the arrest warrants to agents from the NBI for transmittal to the foreign affairs department, which will serve them to the US embassy where the accused are detained.
In issuing the warrants, Dilag said sovereignty and national pride are part of the case.
But he said given the legal process in light of the (Visiting Forces Agreement) treaty, "we can first try to exhaust diplomatic means to get the custody of the four servicemen."
Dilag’s statement appeared to be softer than his assertion on January 3 that he would "invoke our sovereignty and must take custody over the accused within the Philippine court."
The four soldiers charged with rape in late December are Daniel Smith, Chad Carpentier, Keith Silkwood and Dominic Duplantis.
They were among six members of the 31st Marine Expeditionary Unit initially accused of raping the woman in a van at a former US navy base in Subic Bay on Nov. 1.
Two other US Marines were cleared for lack of evidence.
Dilag did not issue a warrant for Timoteo Soriano, the driver of the van where the alleged rape took place, saying he was "never accused of having committed any offense."
The DFA said the transfer of custody is not imminent in spite of the arrest warrant.
In an interview with ANC, DFA spokesman Gilberto Asuque said the actual serving of the arrest warrant will have to take into consideration obligations of the Philippines under the VFA.
He said there will be diplomatic negotiations for the enforcement of the arrest warrants, adding that the Subic rape case "is no ordinary case."
"I take note that in the resolution issued by Judge Dilag on the arrest warrants he (mentioned) the strong force of the law. I may have to paraphrase him that the strong force of the law would not have to be availed of at the moment pending the result of the diplomatic negotiations."
Asuque said even if the arrest warrants are served, the transfer of custody is not a simple procedure.
He added the issue on immediate custody will pass through diplomatic channels.
"As from the beginning, on all legal and judicial matters concerning the Subic case including the issue of the warrant of arrest, the DFA shall be guided by the legal advice of the DOJ," Asuque said in a statement.
"We continue to pursue this matter through diplomatic channels and any differences shall be solved through dialogue and diplomacy," Asuque added.
The US embassy said Washington has already received the Philippine government’s request for custody of the accused and is taking it into full account as called for in the VFA.
Embassy spokesman Matthew Lussenhop said Thursday that it was possible Washington will turn down the request because under the VFA, custody of the accused resides with the US government until the end of the judicial proceedings.
The PNP is ready to assist authorities in serving the warrants.
PNP spokesman Chief Supt. Leopoldo Bataoil said once they have a copy of the arrest warrants, they will forward it to the Criminal Investigation and Detection Group.
Bataoil said proper coordination will be made with the DFA, NBI and DOJ. – Marilou Jumilla - Malaya, Raymond Africa and Reuters
posted by OlongapoCity Zambales at
2:23 PM
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