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Wednesday, January 18, 2006
US rejects RP bid to have custody of 4 Marines
MANILA -- The Department of Justice (DOJ) on Tuesday failed to serve warrants of arrest on four US servicemen accused of rape after the US Embassy in Manila denied the country's request for custody of the indicted American soldiers.
In a letter to Olongapo City Regional Trial Court (RTC) Branch 73 Judge Renato Dilag, Chief State Prosecutor Jovencito Zuño said the warrants were not served, citing the US Embassy's reply to the November 16 note verbale of the Department of Foreign Affairs requesting custody of the four US Marines.
Zuño, in his letter to Dilag, said he was returning the warrants dated January 13 because these were not served and cited as reason the refusal of the US Embassy to hand over the American soldiers to Philippine authorities.
The US Embassy sent a note verbale dated January 16 to the foreign affairs department in response to its request.
Rape respondents Lance Corporal Daniel Smith, Chad Carpentier, Keith Silkwood and Dominic Duplantis were charged with rape last December 27 by the Olongapo City Prosecutor's Office on the basis of the complaint of a 22-year-old Filipino woman that she was sexually assaulted on the night of November 1 inside a Starex van at the Subic Bay Freeport.
Aside from the four American soldiers, Filipino driver Timoteo Soriano was also charged as an accomplice. Charges against two other respondents--Albert Lara and Corey Burris--were dismissed for lack of sufficient evidence.
A copy of the US diplomatic note said that "... having taken full account of the position of the government of the Philippines regarding custody, the US government shall continue to exercise custody until completion of all judicial proceedings, as provided for by Article 5, Paragraph 6 of the Visiting Forces Agreement."
Under the provision, the Philippines conceded to waive custody of the accused American soldiers until the final judgment of the case is reached finding them guilty of the charges.
The DFA undersecretary for special concerns furnished the justice department with a copy of the note from the US embassy.
In its November 16 request to the US embassy, the DFA cited a provision in the agreement saying confinement or detention by Philippine authorities of US military personnel shall be carried out in facilities agreed on by appropriate Philippine and US authorities.
Zuño said the next tack of the government will be dependent on the court's action on his letter and the US note verbale.
"We'll see what's the reaction of the judge. We served it but it was not accepted. It was the DFA that was supposed to serve the warrant but before they were able to do that, the US issued a note verbale that the warrant was rejected," he said.
Olongapo City Prosecutor Prudencio Jalandoni said the new development "is not a setback for the prosecution" as he will still pursue the scheduled arraignment of the accused as soon as the pending petition for review filed by the defense panel before the secretary of justice is resolved.
He said Filipino lawyers of the accused want to have the case resolved as soon as possible.
He also confirmed reports that the complainant's private counsel Katrina Legarda and her group at the Child Justice League have resigned from the case but he said it should not be taken to mean that the case is lost.
Another DOJ source who requested anonymity said Legarda's resignation shouldn't be taken to mean that the DOJ is giving up on the case or in getting custody of the suspects.
The source further said Justice Secretary Raul Gonzalez Sr. will form a task force that will represent the victim after the resignation of Legarda and her private counsels.
Gabriela party-list Representative Liza Maza assailed, meanwhile, the US government for its "diplomatic double standards" and continued refusal to turn over to local authorities the four US Marines.
"Compared to Japan, the Philippines is being treated (by the US) like a doorman," said Maza in a statement.
Anakpawis party-list Representative Crispin Beltran asked to effect a citizen's arrest of the four US soldiers.
Maza said that while an existing US-Japan agreement also stipulates US custody for servicemen charged with heinous crimes, the US Government turned over one of its soldiers who was accused of killing a Japanese.
"Rape, like murder, is a heinous crime," she added. (ECV/DBP/Sunnex)
(January 18, 2006 issue)
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