Prosecutor scores delays in Subic rape case
Olongapo City Chief Prosecutor Prudencio Jalandoni on Monday said legal ploys to delay the arraignment of four US marines accused of rape could lead to a local court's loss of jurisdiction over the case.
He said a provision in the Visiting Forces Agreement (VFA) that imposes a one-year time limit for the litigation of criminal cases against US servicemen in Philippine courts is subject to different interpretations.
“Based on my interpretation, the one-year period starts when the court gains jurisdiction on the case, that the count began on December 27 (2005) when we filed charges against the suspects,” he told abs-cbnNEWS.com.
The Department of Justice (DOJ) earlier said the one-year period indicated by the VFA starts on the day of arraignment.
Jalandoni said he has petitioned Olongapo Regional Trial Court Judge Renato Dilag to reconsider the suspension of the proceedings on the Subic rape case.
He said Dilag did not specify how long the suspension would take place after the accused filed a motion before the DOJ to review the rape charges.
“This means that the suspension could even take longer than the usual 60-day suspension as the DOJ review could take quite some time,” he said.
He added: "If we would follow the DOJ rule that the proceedings will continue after 60 days, then the case will be delayed for two months."
He said the suspension of the proceedings could create the perception that the VFA "guarantees immunity (of the accused) from prosecution.”
Dilag earlier recalled the arrest warrants for Staff Sgt. Chad Brian Carpentier, Lance Corporals Daniel Smith, Keith Silkwood and Dominic Duplantis who were accused of raping a 22-year-old Filipina in Subic Bay Freeport Zone last November.
Dilag said he revoked the arrest warrants to allow the DOJ to decide first on the petition for review of the rape charges.
He reasoned that the trial may continue since the four remain under the custody of US authorities as provided for by the VFA.
Carpentier, Smith, Silkwood and Duplantis, who have denied the rape, have been in US custody since November 2. They took part in the VFA-sanctioned joint exercises between the US and Philippine soldiers.
Foreign Affairs Secretary Alberto Romulo earlier said the case against the four will continue despite the impending abolition of the commission overseeing the VFA.
Romulo said President Arroyo issued an order to scrap the commission because it failed to assert the country’s interests in the case.
The commission is headed by Executive Director Zosimo Paredes. The VFA has become a contentious issue because the US has refused to turn over the four marines to Philippine authorities. Under the agreement, the Philippines can ask for custody of any US servicemen facing charges in local courts. ABS CBN NEWS
He said a provision in the Visiting Forces Agreement (VFA) that imposes a one-year time limit for the litigation of criminal cases against US servicemen in Philippine courts is subject to different interpretations.
“Based on my interpretation, the one-year period starts when the court gains jurisdiction on the case, that the count began on December 27 (2005) when we filed charges against the suspects,” he told abs-cbnNEWS.com.
The Department of Justice (DOJ) earlier said the one-year period indicated by the VFA starts on the day of arraignment.
Jalandoni said he has petitioned Olongapo Regional Trial Court Judge Renato Dilag to reconsider the suspension of the proceedings on the Subic rape case.
He said Dilag did not specify how long the suspension would take place after the accused filed a motion before the DOJ to review the rape charges.
“This means that the suspension could even take longer than the usual 60-day suspension as the DOJ review could take quite some time,” he said.
He added: "If we would follow the DOJ rule that the proceedings will continue after 60 days, then the case will be delayed for two months."
He said the suspension of the proceedings could create the perception that the VFA "guarantees immunity (of the accused) from prosecution.”
Dilag earlier recalled the arrest warrants for Staff Sgt. Chad Brian Carpentier, Lance Corporals Daniel Smith, Keith Silkwood and Dominic Duplantis who were accused of raping a 22-year-old Filipina in Subic Bay Freeport Zone last November.
Dilag said he revoked the arrest warrants to allow the DOJ to decide first on the petition for review of the rape charges.
He reasoned that the trial may continue since the four remain under the custody of US authorities as provided for by the VFA.
Carpentier, Smith, Silkwood and Duplantis, who have denied the rape, have been in US custody since November 2. They took part in the VFA-sanctioned joint exercises between the US and Philippine soldiers.
Foreign Affairs Secretary Alberto Romulo earlier said the case against the four will continue despite the impending abolition of the commission overseeing the VFA.
Romulo said President Arroyo issued an order to scrap the commission because it failed to assert the country’s interests in the case.
The commission is headed by Executive Director Zosimo Paredes. The VFA has become a contentious issue because the US has refused to turn over the four marines to Philippine authorities. Under the agreement, the Philippines can ask for custody of any US servicemen facing charges in local courts. ABS CBN NEWS
posted by OlongapoCity Zambales at
3:29 PM
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