Rape suspects ask court to dismiss case
No arrest warrants yet
By: JOHNNY R. REBLANDO, People's Journal
OLONGAPO CITY — Judge Renato Dilag of the Olongapo City Regional Trial Court Branch 73 yesterday deferred the issuance of warrants of arrest against four United States military personnel and a Filipino driver implicated in the alleged rape case of a 22-year old-Filipina after the lawyers of co-accused Timoteo Soriano, Jr. petitioned the court to throw out the complaint for lack of merit.
The four US Marines also filed a motion seeking to dismiss the case or suspend the proceedings immediately after the case was raffled off to Dilag's court on Tuesday.
Dilag said his sala received the omnibus Motion late Tuesday afternoon filed by Jose Raulito E. Paras and Maricris B. Pahate, counsels for Soriano.
Soriano said the complaint filed against him should be quashed because it was filed by the City Prosecutor without authority to do so. He added that there was no probable cause for the judge to issue an arrest warrant against him.
Soriano's lawyers argued that their client was never accused of the commission of any offense in connection with the alleged rape case. Only six accused were named: Daniel J. Smith, Chad Brian Carpentier, Dominic Duplantis, Keith Silkwood, Corey Burris, and Albert Lara. Burris and Lara were later dropped from the complaint for insufficiency of evidence.
Thus, the preliminary investigation which included Soriano as a co-accused was baseless. Consequently, the resolution by the City Prosecution Office finding a rape complaint valid was "irregularly rendered," and cannot possibly become the basis of the information naming Soriano as one of the accused, the lawyers told the court.
"The prosecution's astounding conclusions as to Soriano's participation in the commission of the alleged crime are purely speculations, unsupported by the records of the case," the counsels said. "To reiterate, Soriano had only one indubitable participation in the scheme of things: as the designated driver of the Starex van on the night of the alleged incident," the motion stressed.
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Solons press for RP custody of GIs in rape case
By EFREN L. DANAO, The Manila Times Senior Reporter
Senate President Franklin Drilon and Sen. Richard Gordon agreed on Tuesday with Malacañan’s position that the US government should allow the Philippines to take custody of the four American Marines accused of raping a Filipino woman in November.
"There is no question that this is not a crime arising from participation in the Visiting Forces Agreement, so the US government should allow our government custody," Drilon said.
Gordon said that refusal by the US government to yield to Manila’s demand would constitute an affront to the country’s legal processes and could harm bilateral ties. He maintained that the VFA would still apply even if the rape case is pursued.
Drilon said Justice Secretary Raul Gonzalez erred in saying that the Philippine government should negotiate with the US Embassy for custody of the accused.
"Secretary Gonzales cannot interfere in the judicial proceedings. Nothing in the VFA prevents the trial judge from issuing a warrant," Drilon said.
The Philippines may invoke the VFA and discuss the place of detention for the accused only after the judge had issued a warrant, he said.
"If a warrant is issued, the United States should acknowledge it. Even if the US refuses to yield custody, the trial must continue," he said.
Drilon said the government should view the rape case as an opportunity to review the VFA and fine-tune the agreement. He said that among the provisions that should be reviewed is the automatic custody by the US Embassy of American servicemen accused of crimes not related to VFA activities.
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MJ presses arrest of US rape suspects
Former congressman Mark Jimenez pressed yesterday for the immediate arrest and detention of the four US servicemen accused of gang-raping a Filipina in Subic two months ago, even as he denounced the "kid s gloves-treatment" being accorded them by the Philippine government.
Jimenez explained that under the Visiting Forces Agreement (VFA) between the Philippines and the United States, the suspects should be immediately placed under the custody of the Philippine government.
"But if we Filipinos still value our self-respect, we should press for the suspects' detention here in the Philippines since rape, much more gang-rape, is a heinous crime in the Philippines and thus non-bailable," Jimenez said.
Jimenez could not help but contrast the Philippine government's "uncharacteristic haste" to have him extradited to the US two years ago to face mere misdemeanor charges with its reluctance to pursue the case against the Americans despite the gravity of the charges against them.
In 2003, then a sitting member of the Philippine Congress, Jimenez waived his immunity as a lawmaker and voluntarily went to the US to face the issues raised against him.
"This double standard is the embodiment of hypocrisy. Our image abroad is so low because our very government lacks self-respect and is treating the rape of a Filipina lightly," Jimenez said.
OLONGAPO CITY — Judge Renato Dilag of the Olongapo City Regional Trial Court Branch 73 yesterday deferred the issuance of warrants of arrest against four United States military personnel and a Filipino driver implicated in the alleged rape case of a 22-year old-Filipina after the lawyers of co-accused Timoteo Soriano, Jr. petitioned the court to throw out the complaint for lack of merit.
The four US Marines also filed a motion seeking to dismiss the case or suspend the proceedings immediately after the case was raffled off to Dilag's court on Tuesday.
Dilag said his sala received the omnibus Motion late Tuesday afternoon filed by Jose Raulito E. Paras and Maricris B. Pahate, counsels for Soriano.
Soriano said the complaint filed against him should be quashed because it was filed by the City Prosecutor without authority to do so. He added that there was no probable cause for the judge to issue an arrest warrant against him.
Soriano's lawyers argued that their client was never accused of the commission of any offense in connection with the alleged rape case. Only six accused were named: Daniel J. Smith, Chad Brian Carpentier, Dominic Duplantis, Keith Silkwood, Corey Burris, and Albert Lara. Burris and Lara were later dropped from the complaint for insufficiency of evidence.
Thus, the preliminary investigation which included Soriano as a co-accused was baseless. Consequently, the resolution by the City Prosecution Office finding a rape complaint valid was "irregularly rendered," and cannot possibly become the basis of the information naming Soriano as one of the accused, the lawyers told the court.
"The prosecution's astounding conclusions as to Soriano's participation in the commission of the alleged crime are purely speculations, unsupported by the records of the case," the counsels said. "To reiterate, Soriano had only one indubitable participation in the scheme of things: as the designated driver of the Starex van on the night of the alleged incident," the motion stressed.
===
Solons press for RP custody of GIs in rape case
By EFREN L. DANAO, The Manila Times Senior Reporter
Senate President Franklin Drilon and Sen. Richard Gordon agreed on Tuesday with Malacañan’s position that the US government should allow the Philippines to take custody of the four American Marines accused of raping a Filipino woman in November.
"There is no question that this is not a crime arising from participation in the Visiting Forces Agreement, so the US government should allow our government custody," Drilon said.
Gordon said that refusal by the US government to yield to Manila’s demand would constitute an affront to the country’s legal processes and could harm bilateral ties. He maintained that the VFA would still apply even if the rape case is pursued.
Drilon said Justice Secretary Raul Gonzalez erred in saying that the Philippine government should negotiate with the US Embassy for custody of the accused.
"Secretary Gonzales cannot interfere in the judicial proceedings. Nothing in the VFA prevents the trial judge from issuing a warrant," Drilon said.
The Philippines may invoke the VFA and discuss the place of detention for the accused only after the judge had issued a warrant, he said.
"If a warrant is issued, the United States should acknowledge it. Even if the US refuses to yield custody, the trial must continue," he said.
Drilon said the government should view the rape case as an opportunity to review the VFA and fine-tune the agreement. He said that among the provisions that should be reviewed is the automatic custody by the US Embassy of American servicemen accused of crimes not related to VFA activities.
===
MJ presses arrest of US rape suspects
Former congressman Mark Jimenez pressed yesterday for the immediate arrest and detention of the four US servicemen accused of gang-raping a Filipina in Subic two months ago, even as he denounced the "kid s gloves-treatment" being accorded them by the Philippine government.
Jimenez explained that under the Visiting Forces Agreement (VFA) between the Philippines and the United States, the suspects should be immediately placed under the custody of the Philippine government.
"But if we Filipinos still value our self-respect, we should press for the suspects' detention here in the Philippines since rape, much more gang-rape, is a heinous crime in the Philippines and thus non-bailable," Jimenez said.
Jimenez could not help but contrast the Philippine government's "uncharacteristic haste" to have him extradited to the US two years ago to face mere misdemeanor charges with its reluctance to pursue the case against the Americans despite the gravity of the charges against them.
In 2003, then a sitting member of the Philippine Congress, Jimenez waived his immunity as a lawmaker and voluntarily went to the US to face the issues raised against him.
"This double standard is the embodiment of hypocrisy. Our image abroad is so low because our very government lacks self-respect and is treating the rape of a Filipina lightly," Jimenez said.
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