Government looks to CA to reverse Pozon
UNDER strong pressure from Washington, the government will ask the Court of Appeals to force Makati Judge Benjamin Pozon to relinquish custody of Lance Cpl. Daniel Smith, convicted of raping a Filipina in Subic, to the US embassy.
Solicitor General Eduardo Nachura said his legal team would draft petitions stating that the country’s Visiting Forces Agreement bound it to release Smith to the Americans until all legal proceedings were completed.
A Foreign Affairs official yesterday confirmed that US President George W. Bush had reminded Ambassador to Washington Willy Gaa of the country’s obligations under the agreement.
“Yes, it was taken up by President Bush and [he] reminded Ambassador Gaa that the Philippines should comply with its treaty obligations,” Foreign Affairs Undersecretary Rafael Seguis said.
“There were a lot of topics discussed but this was indeed taken up. President Bush even mentioned the name of Smith to Gaa,” Seguis said.
Gaa assured Bush that the Philippine government’s executive branch “strongly supports” the US view on the custody issue.
On Wednesday, Pozon rejected a US government bid to take temporary custody of Smith.
Smith has asked the Court of Appeals to reverse Pozon’s decision pending the appeal of his conviction.
Smith, 21, was convicted earlier this month of raping a 22-year-old Filipina at the Subic Bay Freeport in November 2005.
Smith’s lawyers questioned Pozon’s view that the custody provision of the Visiting Forces Agreement did not cover the appeals process.
The Philippine government said it would support Smith’s petition through Nachura’s office.
Justice Secretary Raul Gonzalez accused Pozon of having leftist sympathies on Wednesday and said he threatened the country’s relations with the United States by ignoring the provisions of the Visiting Armed Forces agreement.
Speaking to reporters yesterday, he said Pozon’s action also endangered the Philippines’ relations with Australia because the Philippines was putting the finishing touches on a similar agreement with Canberra.
He said the flak over the Visiting Forces Agreement might cause Australia to back out.
“The agreement has no sanctions. It will only affect our relationship. If we cannot respect our treaty obligations, who will expect our country to keep faith with the treaties we sign later on?” Gonzalez said.
But a party-list congressman defended Pozon and advised Gonzalez to take the side of the rape victim “Nicole” and the Filipino people over the interests of the United States.
Addressing Gonzalez, Bayan Muna Rep. Joel Virador said: “With the way you have spoken in favor of the convicted Smith, you should go and be a functionary of the US Justice Department.”
Senate Minority Leader Aquilino Pimentel Jr. added that Gonzalez could be cited for contempt for threatening to sue Pozon.
“Judge Pozon should cite the justice secretary for indirect contempt of court for threatening him with a vague suit for alleged violation of the [Visiting Forces Agreement] and attributing demeaning motives to him. That threat is meant to make him alter his decision in the rape case,” Pimentel said.
Earlier, Senator Miriam Defensor Santiago and Senator Richard Gordon supported the US bid for custody, saying the agreement between the two countries left the Philippines no choice. Joyce Pangco Pañares, Rey E. Requejo, Ferdinand Fabella, Macon Ramos Araneta, Roy Pelovello - Manila Standard Today
Solicitor General Eduardo Nachura said his legal team would draft petitions stating that the country’s Visiting Forces Agreement bound it to release Smith to the Americans until all legal proceedings were completed.
A Foreign Affairs official yesterday confirmed that US President George W. Bush had reminded Ambassador to Washington Willy Gaa of the country’s obligations under the agreement.
“Yes, it was taken up by President Bush and [he] reminded Ambassador Gaa that the Philippines should comply with its treaty obligations,” Foreign Affairs Undersecretary Rafael Seguis said.
“There were a lot of topics discussed but this was indeed taken up. President Bush even mentioned the name of Smith to Gaa,” Seguis said.
Gaa assured Bush that the Philippine government’s executive branch “strongly supports” the US view on the custody issue.
On Wednesday, Pozon rejected a US government bid to take temporary custody of Smith.
Smith has asked the Court of Appeals to reverse Pozon’s decision pending the appeal of his conviction.
Smith, 21, was convicted earlier this month of raping a 22-year-old Filipina at the Subic Bay Freeport in November 2005.
Smith’s lawyers questioned Pozon’s view that the custody provision of the Visiting Forces Agreement did not cover the appeals process.
The Philippine government said it would support Smith’s petition through Nachura’s office.
Justice Secretary Raul Gonzalez accused Pozon of having leftist sympathies on Wednesday and said he threatened the country’s relations with the United States by ignoring the provisions of the Visiting Armed Forces agreement.
Speaking to reporters yesterday, he said Pozon’s action also endangered the Philippines’ relations with Australia because the Philippines was putting the finishing touches on a similar agreement with Canberra.
He said the flak over the Visiting Forces Agreement might cause Australia to back out.
“The agreement has no sanctions. It will only affect our relationship. If we cannot respect our treaty obligations, who will expect our country to keep faith with the treaties we sign later on?” Gonzalez said.
But a party-list congressman defended Pozon and advised Gonzalez to take the side of the rape victim “Nicole” and the Filipino people over the interests of the United States.
Addressing Gonzalez, Bayan Muna Rep. Joel Virador said: “With the way you have spoken in favor of the convicted Smith, you should go and be a functionary of the US Justice Department.”
Senate Minority Leader Aquilino Pimentel Jr. added that Gonzalez could be cited for contempt for threatening to sue Pozon.
“Judge Pozon should cite the justice secretary for indirect contempt of court for threatening him with a vague suit for alleged violation of the [Visiting Forces Agreement] and attributing demeaning motives to him. That threat is meant to make him alter his decision in the rape case,” Pimentel said.
Earlier, Senator Miriam Defensor Santiago and Senator Richard Gordon supported the US bid for custody, saying the agreement between the two countries left the Philippines no choice. Joyce Pangco Pañares, Rey E. Requejo, Ferdinand Fabella, Macon Ramos Araneta, Roy Pelovello - Manila Standard Today
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