Saturday, October 07, 2006 Editorials: Subic rape case
The waiting is on for those following the Subic rape case after the trial wound up the other day and Regional Trial Court Judge Benjamin Pozon scheduled the promulgation on Nov. 27.
While there have been efforts to concentrate the discussion of the rape case filed by the 23-year-old Filipino woman the media referred to only as “Nicole” against four United States Marines, peripheral issues hounded the trial to the end.
These include not only the expected furor that erupts every time American servicemen are accused of committing crimes in the Philippines, considering the strength of cause-oriented groups and women’s advocates in the country.
Prosecutors’ case
The most telling of the peripheral issues was the one that broke out near the end of the trial when “Nicole” and her family quarreled with state prosecutors and accused lead prosecutor Emilie de los Santos of asking them to agree to settle the case.
That issue is now being investigated by the Department of Justice, despite Justice Secretary Raul Gonzalez earlier reluctance to go deeply into it, but how much the conflict effected the trial may be known only after Judge Pozon hands down his decision.
VFA issue
The Arroyo administration has been trying to de-politicize the trial and to a certain extent it has succeeded, as the effort of militant groups to use the case to hit the 1998 US-RP Visiting Forces Agreement (VFA) did not gain ground.
That may change depending on the way the public will view the court’s decision.
The Subic rape case is the first major test of the VFA and if the outcome ends up becoming unpopular and blame is tossed, fairly or unfairly, on the prosecutors or on the Palace for failing to uphold Philippine interest, public sentiment on the pact may shift.
Clearing the air
In the meantime, it would be good for the DOJ to swiftly resolve the allegation of “Nicole’s” family against the prosecutors, especially de los Santos.
Clearing the air on the matter---whether the outcome of the investigation will exonerate the prosecutors or not---may help in softening the impact of whatever the court’s decision on the rape case maybe.
The worst thing to happen is when the public will think that the ones denying justice to the Filipino victim are her own brethren, with Malacañang either abetting the act or simply folding its arms.