US rejects RP bid for custody of GIs
The United States has formally rejected a Philippine government request to hand over four US Marines charged with rape, invoking a bilateral agreement that grants it custody of the suspects during legal proceedings, officials said Tuesday.
Reacting to this development, Sen. Miriam Santiago, chairman of the Legislative Oversight Committee for the Visiting Forces Agreement, moved for the termination of the VFA with the United States. She said termination would pave way for the renegotiation of a new VFA contract similar to the Status of Forces Agreement (SOFA) between the United States and Japan.
In a diplomatic note to the Philippine Department of Foreign Affairs, the US Embassy said that although it has taken full account of the position of the Philippine government, "the US government shall continue to exercise custody until completion of all judicial proceedings as provided by the Visiting Forces Agreement."
The letter was seen by The Associated Press on Tuesday and its contents confirmed by US Embassy spokesman Matthew Lussenhop.
A Philippine judge last week issued warrants for the arrest of the four Marines, held in custody by the US Embassy, in a bid to pressure Washington to hand them over.
But Prosecutor Prudencio Jalandoni said Tuesday that the warrants could not be served, because of the US rejection.
"I am quite disappointed," Jalandoni said, adding that he would focus on the prosecution of the Marines.
Prosecutors alleged that Lance Cpl. Daniel Smith raped a 22-year-old woman on November 1 in a van at Subic Bay, a former US naval base northwest of Manila, as fellow Marines cheered him on.
Smith claims he only had consensual sex.
Also charged were Lance Cpl. Keith Silkwood, Lance Cpl. Dominic Duplantis and Staff Sgt. Chad Carpentier, part of the 31st Marine Expeditionary Force stationed in Okinawa, Japan.
The case has stirred emotions and provoked anti-US rallies in the former American colony, with some Philippine lawmakers calling for abrogating the accord if the government fails to get custody of the Marines.
The US Embassy said last week "the terms of the Visiting Forces Agreement allow for the accused to remain in US custody until the end of judicial proceedings."
"The US rejection of the Philippine request virtually leaves Congress with no choice but to pass a concurrent resolution asking for the termination of the VFA," Santiago said. "If our agreement or contract were like the one between the USA and Japan, custody of the accused after indictment or after the complaint has been filed in court by the fiscal would automatically be given to Philippine authorities," Santiago said.
She explained that the SOFA between the US and Japan was more flexible. She cited a recent case in which the American suspect was immediately turned over to the Japanese government.
Santiago on Tuesday asked her co-chairman, Cebu’s Congressman Antonio Cuenco, to join her in calling for a three-day meeting of the Legislative Oversight Committee for the VFA. The meeting is to start this coming Friday.
"I expect Rep. Antonio Cuenco will see eye to eye with me on the need to file a committee recommendation for a concurrent resolution by both houses of Congress," Santiago said.
Other senators were angered by the US rejection of the DFA note verbale.
Senate President Franklin Drilon said this should serve as a wake-up call for Malacañan to fight for the interests of the country.
Sen. Joker Arroyo said the rejection of the Philippines’ request would backfire on the USA.
"What this tells is that the US does not have faith in the Philippine justice system, the capacity of our courts to judge the case fairly, in short an indictment of our courts, something it does not say about the judiciary in other countries where it has American troops or bases. The US has adopted a double standard, one for the Philippines and another for other countries. It is some wonder why the Philippines agrees to this," Arroyo said.
"The Philippines cannot go on with this one-way relationship with the United States," he added.
But Sen. Juan Ponce Enrile was more conciliatory. He said that as long as the US government assures the Philippine government that the accused US Marines would attend the court hearings, then there is no cause for worry.
"That is almost similar to acquiring custody of the accused," he said.
Before the rejection of the DFA note verbale, The Times learned from the DFA spokesman, Ambassador Gilbert Asuque, that the department was never given copies of the arrest warrant issued by Olongapo Regional Trial Court Judge Renato Dilag. Therefore, he said, the DFA, tasked with enforcing the warrant of arrest, could not enforce it.
Jim Gomez of Associated Press and Times reporters Patricia Esteves (Senate), Jomar Canlas (DOJ) and Jonathan Vicente (DFA) all contributed to this story.)
Reacting to this development, Sen. Miriam Santiago, chairman of the Legislative Oversight Committee for the Visiting Forces Agreement, moved for the termination of the VFA with the United States. She said termination would pave way for the renegotiation of a new VFA contract similar to the Status of Forces Agreement (SOFA) between the United States and Japan.
In a diplomatic note to the Philippine Department of Foreign Affairs, the US Embassy said that although it has taken full account of the position of the Philippine government, "the US government shall continue to exercise custody until completion of all judicial proceedings as provided by the Visiting Forces Agreement."
The letter was seen by The Associated Press on Tuesday and its contents confirmed by US Embassy spokesman Matthew Lussenhop.
A Philippine judge last week issued warrants for the arrest of the four Marines, held in custody by the US Embassy, in a bid to pressure Washington to hand them over.
But Prosecutor Prudencio Jalandoni said Tuesday that the warrants could not be served, because of the US rejection.
"I am quite disappointed," Jalandoni said, adding that he would focus on the prosecution of the Marines.
Prosecutors alleged that Lance Cpl. Daniel Smith raped a 22-year-old woman on November 1 in a van at Subic Bay, a former US naval base northwest of Manila, as fellow Marines cheered him on.
Smith claims he only had consensual sex.
Also charged were Lance Cpl. Keith Silkwood, Lance Cpl. Dominic Duplantis and Staff Sgt. Chad Carpentier, part of the 31st Marine Expeditionary Force stationed in Okinawa, Japan.
The case has stirred emotions and provoked anti-US rallies in the former American colony, with some Philippine lawmakers calling for abrogating the accord if the government fails to get custody of the Marines.
The US Embassy said last week "the terms of the Visiting Forces Agreement allow for the accused to remain in US custody until the end of judicial proceedings."
"The US rejection of the Philippine request virtually leaves Congress with no choice but to pass a concurrent resolution asking for the termination of the VFA," Santiago said. "If our agreement or contract were like the one between the USA and Japan, custody of the accused after indictment or after the complaint has been filed in court by the fiscal would automatically be given to Philippine authorities," Santiago said.
She explained that the SOFA between the US and Japan was more flexible. She cited a recent case in which the American suspect was immediately turned over to the Japanese government.
Santiago on Tuesday asked her co-chairman, Cebu’s Congressman Antonio Cuenco, to join her in calling for a three-day meeting of the Legislative Oversight Committee for the VFA. The meeting is to start this coming Friday.
"I expect Rep. Antonio Cuenco will see eye to eye with me on the need to file a committee recommendation for a concurrent resolution by both houses of Congress," Santiago said.
Other senators were angered by the US rejection of the DFA note verbale.
Senate President Franklin Drilon said this should serve as a wake-up call for Malacañan to fight for the interests of the country.
Sen. Joker Arroyo said the rejection of the Philippines’ request would backfire on the USA.
"What this tells is that the US does not have faith in the Philippine justice system, the capacity of our courts to judge the case fairly, in short an indictment of our courts, something it does not say about the judiciary in other countries where it has American troops or bases. The US has adopted a double standard, one for the Philippines and another for other countries. It is some wonder why the Philippines agrees to this," Arroyo said.
"The Philippines cannot go on with this one-way relationship with the United States," he added.
But Sen. Juan Ponce Enrile was more conciliatory. He said that as long as the US government assures the Philippine government that the accused US Marines would attend the court hearings, then there is no cause for worry.
"That is almost similar to acquiring custody of the accused," he said.
Before the rejection of the DFA note verbale, The Times learned from the DFA spokesman, Ambassador Gilbert Asuque, that the department was never given copies of the arrest warrant issued by Olongapo Regional Trial Court Judge Renato Dilag. Therefore, he said, the DFA, tasked with enforcing the warrant of arrest, could not enforce it.
Jim Gomez of Associated Press and Times reporters Patricia Esteves (Senate), Jomar Canlas (DOJ) and Jonathan Vicente (DFA) all contributed to this story.)
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