Olongapo SubicBay BatangGapo Newscenter

Saturday, January 07, 2006

Gapo rape judge sinuportahan

Ni Nonnie Ferriol, Abante

Solidong sinuportahan kahapon ng militanteng grupong kababaihan na Gabriela si Judge Renato Dilag ng Olongapo City RTC sa pahayag nitong dapat na mangibabaw ang proseso ng hustisya kaysa mga probisyon ng Visiting Forces Agreement (VFA) na nagmimistulang ‘kalasag’ ng apat na US Marines sa reklamo ng 22-anyos na Zamboangueñang rape victim.

Inaasahan ng Gabriela ang matinding pressure na kakaharapin ni Dilag sa mga susunod na araw, partikular mula mismo kay Justice Sec. Raul Gonzalez na taga-endorso ng VFA provisions sa kaso, ngunit umaasa ang grupo na magiging matatag sa kanyang paninindigan ang hukom.

Handa umano ang Gabriela na tutukan ang kaso at ibigay ang kinakailangang suporta sa hukom na dumidinig sa kontrobersyal na kaso.

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US Marines' arrest faces more delay

OLONGAPO CITY ` No warrant of arrest for the four US Marines and a Filipino driver charged in the rape case involving a 21-year-old Filipina could be forthcoming yet.

The accused were ordered yesterday by Judge Renato Dilag to reply to the opposition of the city prosecutor to their motion to dismiss the rape complaint.

The counsels for the accused have until January 11 to submit their reply.

Earlier, the lawyers of accused American servicemen Chad Brian Carpentier, Daniel Smith, Keith Silkwood, and Dominic Duplantis and counsel for Timoteo Soriano, the Filipino driver of the van where the alleged rape took place, asked the court to dismiss the complaint filed by the City Prosecutor for lack of merit.

City Prosecutor Prudencio Jalandoni however countered that he found probable cause to indict the accused despite their absence during the preliminary investigation and the prosecutors' consequent failure to question them in person.

NO ARREST WARRANT YET, but the propaganda against the rape suspects continues to mount.

Jalandoni emphasized that the indictment of the accused was based on the evidence presented which was made up of sworn statements of the complainant and her witnesses as well as the counter affidavits of the respondents and their witnesses.

In his opposition to the individual motion to quash by suspect Smith, Jalandoni argued that the preliminary investigation did not have to establish the guilt of the accused beyond reasonable doubt unlike in a trial court.

Johnny Reblando, People's Journal

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Give US more time on custody issue--Romulo

By Veronica Uy, INQ7.net

FOREIGN Affairs Secretary Alberto Romulo on Friday said the United States must be given “more time” on the Philippine request for custody of the four American soldiers accused of raping a 22-year-old Filipina in Subic.

In an ambush interview with reporters after the official launch of the Philippine-Japan Friendship Year 2006, Romulo said gaining physical custody “is not done in a time frame of one day or one week.”

“Let's give them time. Let the diplomatic channels take its course,” he said, even as he admitted the US has yet to respond to the November 16 custody request of the Department of Foreign Affairs.

The four US Marines have remained in the US Embassy custody.

“We have to look at it in a bigger time frame. Remember, this is a bilateral, not a unilateral, agreement. Both sides should agree,” he said.

The US invoked the Visiting Forces Agreement (VFA) -- a treaty that gives a certain degree of immunity to American soldiers taking part in joint maneuvers in the Philippines -- in keeping custody of the Marines.

The rape allegedly took place on November 1 shortly after the Marines joined large-scale joint exercises with their Filipino counterparts in Subic, a former American naval base northwest of Manila.

Asked if he would support moves to review and renegotiate the VFA, Romulo said, “Everyone complies with the treaty. I don't think [renegotiating] should not be considered at this time. But of course, it is subject to other branches of government.”

He said that the relations between United States and the Philippines “continue to be firm, stable, and friendly.”

“It's not a perfect world. Just like in a family,” said Romulo. “There are always occurrences that should not break up the family.”

Justice Secretary Raul Gonzalez on Wednesday threatened to raise the custody issue before the International Court of Justice and recall the Philippine ambassador in Washington DC if the US government will still refuse to hand over the accused Marines to the Philippine government.

On Monday, Malacañang vowed to uphold the country's sovereignty in the case even as it downplayed the possible souring of bilateral ties with Washington, saying the case “should not be a test of our time-honored friendship with the United States."


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Diplomatic impact of rape case discussed

President Arroyo met on Friday with Foreign Affairs Secretary Alberto Romulo and Executive Secretary Eduardo Ermita to discuss the diplomatic implications of the rape case against four US marines to synchronize the government’s position on the issue regarding their custody.

The meeting in Malacañan’s premier guesthouse was originally open to the media for coverage, since the discussion was supposed to center on the President’s final instructions to Romulo before he leaves for the US Saturday to meet with US State Secretary Condoleezza Rice. But Mrs. Arroyo decided to bar reporters and limit the meeting to herself, Ermita and Romulo.

A staff member of Press Undersecretary Isabel de Leon was supposed to cover the meeting but he too was kept out.

The case has provoked anti-American street protests in Manila. There were concerns that it could strain Philippine-US relations because the US Embassy has ignored requests from the Department of Foreign Affairs to hand over Keith Silkwood, Chad Carpentier, Daniel Smith and Dominic Duplantis.

The Olongapo City judge handling the case is considering issuing warrants for the arrest of the accused. But Justice Secretary Raul M. Gonzalez sees complications arising from the issuance of the warrants.

Gonzalez said the Visiting Forces Agreement is vague on the issue of custody, making it harder for the country to impose its right over the US marines.

Under the VFA the Philippines maintains jurisdiction over US servicemen who violate Philippine laws but they shall be in the custody of American authorities, unless Manila requests a turnover.

The four marines are in the custody of the US Embassy in Manila.

Rape is punishable by life imprisonment or death if aggravating circumstances are present.

Under the VFA the marines may be held for trial in the Philippines only for one year.

The four marines were part of an expeditionary unit based in Okinawa that took part in joint maneuvers in the former US naval base of Subic in October.

Along with a Filipino driver, they are accused of raping a 22-year-old Filipina on November 1. (ABS-CBN)

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