Church, militants hail Subic rape case court ruling

CHURCH groups, sectoral and militant organizations, city and provincial officers, and local opposition leaders were one in lauding the court decision convicting US marine officer Daniel Smith for raping Filipina "Nicole," but still call for public vigilance.

Smith Monday was convicted and sentenced to 40 years in prison and ordered to pay P100,000 in compensatory and moral damages for raping Nicole at the former US naval base in Subic Bay last year.

"The prosecution having presented sufficient evidence against Lance Corporal Daniel J. Smith, also of the US Marine Corps assigned at the USS Essex, this court hereby finds him guilty beyond reasonable doubt of the crime of rape," said Judge Benjamin Pozon of Makati Regional Trial Court Branch 139 in his ruling.

Pozon nevertheless acquitted Smith's other co-respondents Chad Carpentier, Dominic Duplantis, and Keith Silkwood.

Meanwhile, the Archdiocese of Cagayan de Oro City through vicar general Monsignor Rey Monsanto said, "If the evidence pointed to that, then it is a triumph for justice, and that we are not afraid to stand for truth and justice even before the Americans."

Iglesia Filipina Independente (IFI) Fr. Antonio Ablon, Karapatan and Gabriela lawyer Beverly Musni, Youth for Gloria's Ouster (YouGo!) and Bayan Muna leader Kristine Lim, Black and White Movement-Cagayan de Oro city chapter convener Antonio Soriano lauded Pozon's decision.

This along with Misamis Oriental Provincial Board member Norris Babiera and Cagayan de Oro city councilors Alexander Dacer, Alvin Calingin, and Edgar Cabanlas as well as former city councilor Jun Pepito and former mayoralty bet and Senate Blue Ribbon general counsel Ed Tamondong.

Ablon said Pozon's decision is a "victory of the Filipinos against the mighty Americans.

"But it will be more victorious if all the suspects are convicted according to their participation in the crime, people still have to be vigilant," he said.

Musni hailed Pozon's decision saying, "Judge Pozon proves a point: Uncle Sam must answer for the integrity of a Filipino lost during an illegal and unconstitutional foray of US troops on the Philippine soil."

Lim said Pozon's decision is a victory in the campaign for the respect of women's rights and in violence against women.

Soriano said, "Triumph for our justice system despite the odds. Kudos to the judge. Mabuhay ang Filipino."

Babiera for his part said he is "satisfied" but "still skeptical."

"Until Smith is incarcerated at the Makati Jail as ordered by the court, which hang in doubt cause of the gray area in the Visiting Forces Agreement (VFA)," he said.

Dacer said, "The decision was just fair so that the Americans will have a taste of our law here because we are always the ones who gets to experience their laws."

Calingin said it is the "triumph of the rule of law."

"It is also a warning to all that no one is above the law no matter how high their position in society or in government, he said.

Cabanlas shares the same thoughts saying, "Its a true triumph of justice."

Pepito said in every court trial, especially in criminal cases, evidence plays a vital role.

In the Subic Case, he said, Judge Pozon must have found the proof of Smith's guilt beyond reasonable doubt but not with his three co-accused.

Tamondong said, "I think the decision is correct, I would have ruled the same way; its only Smith who had sex with Nicole and it was shown she was drunk, so it was not a consensual sex."

The Nicole case has brought to life controversies linked to the US military's presence in the Philippines.

Also, Judge Pozon's verdict was issued weeks before the mandatory one-year trial lapse under the Visiting Forces Agreement.

The treaty provides that Philippine courts must render a decision on cases against American servicemen within a year or it will lose the authority to compel them to appear in court.

As Philippine and US authorities still debated over the interpretation of this treaty, Smith was placed under US custody throughout the four-month trial.

Zenaida Reyes, former commissioner of the Presidential Commission on the VFA, said the conviction "is not final and executory."

This as under the VFA provision, the US Embassy can still appeal to have custody of Smith until the Supreme Court denies the same. By Lizanilla J. Amarga - SunStar