Makati judge fails to rule on convicted US Marine's plea for transfer
A MAKATI City court on Monday refused to be pressured into issuing a ruling on the custody of convicted US Marine Lance Corporal Daniel Smith and deferred judgment on the Subic rape case due to "important issues" raised by both parties.
Makati City Regional Trial Court (RTC) Judge Benjamin Pozon said the court needs more time to study the issues that cropped up during the hearing on the motion filed by Smith's lawyer, Jose Justiniano, seeking his client's transfer to the US authorities while the appeal is ongoing.
"I would be frank to everybody here that much to the court's regret I could not issue the order today (Monday) to give time to the important issues that cropped up. We need more time to study the arguments raised although the court believes it has sufficient information and basis to render a ruling," Pozon said.
At the same time, Pozon rejected the motion of the complainant though her counsel, Evalyn Ursua, asking the court to seek the help of legal luminaries as "amici curiae" or friends of court to advise the tribunal on the issues raised.
This, despite the conformity of Foreign Affairs Undersecretary for special concerns Rafael Seguis and Chief State Prosecutor Jovencito Zuño that custody of Smith should remain with the US authorities while his appeal before the higher courts is ongoing, a process that could take years to conclude.
But the court said the note verbale was merely an affirmation of an earlier note verbale, which the justice department said that pending the appeal of the accused before the appellate court, custody of Smith should reside with US authorities temporarily until the completion of all judicial proceedings.
Assistant Chief State Prosecutor Richard Anthony Fadullon argued that the justice department had said that there was actually no need to hold a hearing on the issue since the Philippines never had custody of the accused since the start of the case.
"What it did not have, it could not surrender," said the prosecutor.
The 21-year old native of St. Louis Missouri was charged with raping Nicole last year in the former US naval base in Subic. He was subsequently convicted and meted a 40-year prison term.
His co-accused, Staff Sergeant Chad Brian Carpentier and Lance Corporals Dominic Duplantis and Keith Silkwood, were acquitted for lack of evidence and were immediately flown by US authorities to their military unit at Okinawa Japan.
Fadullon added that the request to hold a hearing is no longer tenable since it is based on fear that that US Government will not cooperate in the prosecution of the case, which he said, was not true as the US produced the accused during the trial.
Justiniano likewise said the complainant has no personality in the present case even as he heaped scorn on the opposition to their motion, calling it a "scrap of paper."
"This is just a scrap of paper since the motion of the complainant's counsel has no conformity of the public prosecutors. The private complainant has no personality in this present case since her interest is limited to the civil aspect of the case," said Justiniano.
He also said such aspect was already addressed when the court rendered the guilty verdict and ordered Smith to pay a total of P100,000 in moral and actual damages to the complainant.
He added that the Supreme Court (SC) has also upheld the constitutionality of the bilateral military treaty and the US Government has complied with the terms of the agreement.
But Ursua said the complainant has the right to the case, adding that even the UN has upheld the right of victims of sexual assault to seek redress in the proper forum.
She raised her objection by starting to question the authority of the justice department to enter into an agreement with a foreign government using the agreement of conformity signed by US Ambassador Kristie Kenney and Zuño last week regarding their position on the custody of Smith.
"It is a strange situation when the justice department, which is supposed to represent the people of the Philippines, has sided with the accused," said Ursua noting that the government prosecutors are sitting side by side with the lawyers of Smith.
She added that only the President or the foreign affairs department can enter into such an agreement.
But Fadullon reasoned out that the justice department is not siding with the accused and were there only because of the issue raised about the bilateral military treaty.
Ursua argued that contrary to the points raised by Smith's counsel, there is an exemption to the rule that an international treaty prevails over a country's Constitution, adding that when there is conflict and especially when an issue is of transcendental importance like the rape case, the Constitution prevails over a country's commitment to a treaty."
After hearing the arguments of both parties, Pozon said the subject is submitted for ruling although he directed the complainant to submit their memoranda on the issue until the Tuesday afternoon. (AH/Sunnex)
Makati City Regional Trial Court (RTC) Judge Benjamin Pozon said the court needs more time to study the issues that cropped up during the hearing on the motion filed by Smith's lawyer, Jose Justiniano, seeking his client's transfer to the US authorities while the appeal is ongoing.
"I would be frank to everybody here that much to the court's regret I could not issue the order today (Monday) to give time to the important issues that cropped up. We need more time to study the arguments raised although the court believes it has sufficient information and basis to render a ruling," Pozon said.
At the same time, Pozon rejected the motion of the complainant though her counsel, Evalyn Ursua, asking the court to seek the help of legal luminaries as "amici curiae" or friends of court to advise the tribunal on the issues raised.
This, despite the conformity of Foreign Affairs Undersecretary for special concerns Rafael Seguis and Chief State Prosecutor Jovencito Zuño that custody of Smith should remain with the US authorities while his appeal before the higher courts is ongoing, a process that could take years to conclude.
But the court said the note verbale was merely an affirmation of an earlier note verbale, which the justice department said that pending the appeal of the accused before the appellate court, custody of Smith should reside with US authorities temporarily until the completion of all judicial proceedings.
Assistant Chief State Prosecutor Richard Anthony Fadullon argued that the justice department had said that there was actually no need to hold a hearing on the issue since the Philippines never had custody of the accused since the start of the case.
"What it did not have, it could not surrender," said the prosecutor.
The 21-year old native of St. Louis Missouri was charged with raping Nicole last year in the former US naval base in Subic. He was subsequently convicted and meted a 40-year prison term.
His co-accused, Staff Sergeant Chad Brian Carpentier and Lance Corporals Dominic Duplantis and Keith Silkwood, were acquitted for lack of evidence and were immediately flown by US authorities to their military unit at Okinawa Japan.
Fadullon added that the request to hold a hearing is no longer tenable since it is based on fear that that US Government will not cooperate in the prosecution of the case, which he said, was not true as the US produced the accused during the trial.
Justiniano likewise said the complainant has no personality in the present case even as he heaped scorn on the opposition to their motion, calling it a "scrap of paper."
"This is just a scrap of paper since the motion of the complainant's counsel has no conformity of the public prosecutors. The private complainant has no personality in this present case since her interest is limited to the civil aspect of the case," said Justiniano.
He also said such aspect was already addressed when the court rendered the guilty verdict and ordered Smith to pay a total of P100,000 in moral and actual damages to the complainant.
He added that the Supreme Court (SC) has also upheld the constitutionality of the bilateral military treaty and the US Government has complied with the terms of the agreement.
But Ursua said the complainant has the right to the case, adding that even the UN has upheld the right of victims of sexual assault to seek redress in the proper forum.
She raised her objection by starting to question the authority of the justice department to enter into an agreement with a foreign government using the agreement of conformity signed by US Ambassador Kristie Kenney and Zuño last week regarding their position on the custody of Smith.
"It is a strange situation when the justice department, which is supposed to represent the people of the Philippines, has sided with the accused," said Ursua noting that the government prosecutors are sitting side by side with the lawyers of Smith.
She added that only the President or the foreign affairs department can enter into such an agreement.
But Fadullon reasoned out that the justice department is not siding with the accused and were there only because of the issue raised about the bilateral military treaty.
Ursua argued that contrary to the points raised by Smith's counsel, there is an exemption to the rule that an international treaty prevails over a country's Constitution, adding that when there is conflict and especially when an issue is of transcendental importance like the rape case, the Constitution prevails over a country's commitment to a treaty."
After hearing the arguments of both parties, Pozon said the subject is submitted for ruling although he directed the complainant to submit their memoranda on the issue until the Tuesday afternoon. (AH/Sunnex)
posted by OlongapoCity Zambales at
6:34 AM
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