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Wednesday, December 28, 2005
4 US Marines, Pinoy driver in Subic rape case charged
MANILA -- Four of the six American servicemen accused of "allegedly raping a 22-year-old Filipino woman in Subic" were formally charged Tuesday before the Olongapo City Regional Trial Court (RTC), but custody over the accused remains in question.
Charged were US Marine Corporal Daniel Smith, and his alleged conspirators Keith Silkwood, Dominic Duplantis, and Chad Carpentier.
Filipino Timoteo Soriano, the driver of the Starex van where the crime was allegedly committed, was also indicted as accomplice.
Two other suspects, Albert Lara and Corey Burris, were cleared of liability for "insufficiency of evidence."
Chief State Prosecutor Jovencito Zuño said the prosecution is leaving it up to the discretion of the lower court to decide on the issue whether the Philippine Government could take custody of the four accused US servicemen.
Zuño said the defense panel would likely insist in having physical custody over the accused by invoking provisions of the Visiting Forces Agreement (VFA).
"The matter of custody is entirely in the hands of the Olongapo RTC. But even if the case is already in court, the US could retain custody of the respondents. The moment they have to file a motion in court, they will invoke the VFA between the US and the Philippine Government, including its judiciary. To me it's a gray area," Zuño said.
An article in the VFA states: "The custody of any United States personnel over whom the Philippines is to exercise jurisdiction shall immediately reside with United States military authorities, if they so request, from the commission of the offense until completion of all judicial proceedings."
Zuño said the appearance of the accused during the arraignment is necessary, but if the government fails to get physical custody of the accused, the US Government must ensure that they will be present at times when the respondents' presence is needed in court.
He said the custody issue would be a big question once the proceedings before the lower court start.
Zuño added the issue might even reach up to the Supreme Court and cause further delay in the proceedings.
He said the lawyers of the alleged victim led by Katrina Legarda might also demand that the accused be transferred to the custody of the Philippine Government.
Despite the filing of the charges, Zuño sees delay in the issuance of the warrant of arrest against the four US Marines, adding that the filing of charges in court does not necessarily mean the case would immediately proceed to the trial stage.
"I was informed by the city prosecutor that all the judges in Olongapo City were on leave for the holiday season. So possibly, the warrant of arrest will be issued on the first week -- the first working day of January," he said.
Zuño said any party, particularly the accused, might file a petition for review of the resolution of the Olongapo City prosecutor within 15 days from receipt.
Any party asking for a review of the resolution may ask the court to suspend the proceedings for 60 days.
"They (the accused) should appear in the arraignment, they could not avoid that. They should personally appear in the arraignment and enter their plea, whether guilty or not guilty. That has to be a personal appearance," Zuño said.
The Department of Foreign Affairs said as early as the preliminary investigation stage, it has already filed a written request before the US Embassy to transfer custody of the accused, but the US Government has yet to act on the request.
In a statement, the US Embassy in Manila said it would continue to cooperate with Philippine authorities in accordance with the VFA as the case moves to trial.
"The US worked with Philippine authorities under the precepts of the VFA throughout the investigation of the alleged incident. It is a principle of the Philippine and American laws that anyone accused of a crime is presumed innocent until proven guilty. The US remains committed to seeing that justice is served, and looks forward to a fair and impartial process that can provide for a just outcome," it stated.
In a resolution, Olongapo City Prosecutor Prudencio Jalandoni named Smith as the one who actually raped the victim inside the van, while the four accused lent "moral assistance" for him to pursue his nefarious deed.
Jalandoni gave weight on the complainant's testimony, as well as the medico legal certification, which showed that she was sexually violated.
"Other respondents lent moral assistance to Smith not only by their mere presence inside the van by cheering him to go on. Such encouragement must have emboldened Smith to continue raping the victim despite her resistance. It is too much naivete to consider Duplantis and Silkwood as mere bystanders or passive onlookers. Instead they exhibited by their overt acts common criminal design with Smith," the resolution stated.
As for Soriano, the prosecution panel said it was established that he intentionally drove the van slowly and roundabout to give Smith more time to "sexually ravish the victim."
On the case of Lara and Burris, who were removed from the charge sheet, Jalandoni said records would show that they were not inside the van when the incident occurred despite the earlier allegation of Soriano that Burris was among his passengers at that time. (ECV/Sunnex)
(December 28, 2005 issue)
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