US decision on marines won’t affect case --- judge

THE US refusal to surrender four marines charged with raping a Filipina won’t affect their trial, Judge Renato Dilag said yesterday as the government appealed for calm on a second day of anti-American protests.

The US embassy told the government on Tuesday that it will keep the marines in its custody despite Manila’s request to hand them over, citing the Visiting Forces Agreement (VFA) that allows large-scale American military exercises in the Philippines.

American officials promised to present the accused when needed.

The detention infuriated politicians, some of whom called for the scrapping of VFA, as left-wing protesters rallied in front of the US embassy for the second straight day.

Police said they detained at least three demonstrators who came too close to the fenced compound after breaking away from a group of about 100 activists who shouted “US troops out now” and “Down with US imperialism.”

Government officials came under fire for failing to secure custody of the American servicemen.

In a statement issued yesterday, Rep. Crispin Beltran denounced “a spineless government” represented by inept executives in the foreign affairs and justice departments who “cower in fear before the US.”

Faced with public outrage over what is widely seen as a lopsided document, Malacañang said the foreign affairs and justice departments have already recommended a review of VFA, and that “diplomatic discussions should begin.”

A Department of Foreign Affairs official, meanwhile, blamed the Subic Bay authorities for turning over custody of the marines to the US embassy last November without waiting for instructions from DFA or the justice department.

“If they only refused to give up the Americans that day, we would not be in this stage,” a ranking DFA official said.

Subic police had held the suspects who were picked up the next day by US embassy officials.

The DFA official pointed out that VFA states that “custody of any US personnel over whom the Philippines is to exercise jurisdiction shall immediately reside with US military authorities, if they so request...”

“If they so request — these four words spelled the difference. We could have immediately turned down their request and continue to hold on to the four Americans,” the official said.

Justice Secretary Raul Gonzalez, on the other hand, opposed calls in the Senate and from other quarters to terminate VFA.

“I don’t think we should but maybe we should negotiate some provisions,” he said in an interview, saying the executive agreement could not be abrogated unilaterally.

Dilag, who last week issued arrest warrants for the marines, said the US rejection of Manila’s custody request would not delay the proceedings and suggested that a trial date be set next month.

“As far as I’m concerned the trial should not be delayed just because the US embassy refused to turn over custody of the accused,” Dilag said.

He said VFA was “part of the law of the land” and had to be respected.

Prosecutors allege that Daniel Smith raped a 22-year-old Filipina on Nov. 1 inside a van at Subic Bay, as fellow marines cheered him on.

Smith claims he only had consensual sex.

Also charged were Keith Silkwood, Dominic Duplantis and Chad Carpentier, part of the 31st Marine Expeditionary Force stationed in Okinawa, Japan.

The case has stirred emotions and is seen as a black mark on US military exercises.

The marines were on liberty after completing last year’s training of Filipino troops when the alleged rape occurred.

A spokesman for President Gloria Macapagal Arroyo said the government is banking “on the assurance by the US government of its full cooperation in accordance with law.”

“We should not turn this into an emotional issue against an old-time friend and ally,” said Presidential Spokesman Ignacio Bunye. Joyce Pangco Pañares, Rey E. Requejo, Ferdinand Fabella - Manila Standard