Wednesday, March 29, 2006
High court moves Subic rape case to Makati
MANILA -- The Supreme Court (SC) ordered on Tuesday the transfer to the Makati City Regional Trial Court (RTC) of the trial of four US servicemen accused of raping a 22-year-old Filipino woman in Subic last November.
In a press briefing, SC spokesman and assistant court administrator Ismael Khan Jr. said the en banc court decided to transfer the venue of the trial from Olongapo City to Makati City at the end of its regular weekly session Tuesday.
"The decision was made based on the respective caseloads of the Quezon City, Makati, and Manila courts," he said.
Khan said the SC has ordered the Office of the Court Administrator (OCA) to study the pending caseloads of courts in Metro Manila.
Based on its findings, the OCA recommended the transfer of the case to Makati City since its courts had "manageable" caseloads, and would afford a more neutral venue for both parties.
It said the Quezon City and Manila trial courts already have heavy caseloads.
Khan said the high court also gave orders to Makati RTC Executive Judge Sixto Marella Jr. to give top priority to the rape case.
A source, however, said the choice of a Makati trial instead of one in Quezon City or Manila was partly due to the dismal physical appearance of the courts in the two cities.
"I think the court considered that the international press will be covering and they will see the state of the courts we have. We might be branded as a kangaroo court if they see the (run down) courts (in Manila and Quezon City)," the source said.
The magistrates' decision to transfer the venue of the Subic rape case hearing came after receiving a letter from Justice Secretary Raul Gonzalez Sr. and a petition from the complainant, both asking for the transfer of venue from the Olongapo City RTC to Manila or Quezon City.
Gonzalez had written to Chief Justice Artemio Panganiban Monday, saying the withdrawal from the case of Olongapo Judge Renato Dilag and the lack of judges in that jurisdiction who will take on the case could delay the proceedings.
Under the RP-US Visiting Forces Agreement (VFA), the case must be resolved within a period of one year from the time of arraignment.
Dilag's decision to inhibit himself was made on March 23, or a day before the date set for arraignment.
Citing financial constraints, the complainant said she could no longer support the traveling expense of her counsels and family members who had to go all the way to Olongapo City for the trial while there is enough number of judges in Quezon City where the case may be raffled.
In a separate interview, Atty. Emily Alino-Geluz, Marella's clerk of court, said although they have yet to receive a copy of the SC's resolution, the case "may be included in the regular or special raffle of cases either today (Wednesday) or Thursday."
Khan said it will be the call of the justice department on whether the Olongapo City Prosecutor's Office will continue handling the case or if it will be remanded to local prosecutors in Makati or be taken over by the justice department.
At least three courts in Makati handle drugs cases exclusively and generally get new criminal cases.
It is also handling the special rebellion trial of former Autonomous Region in Muslim Mindanao (Armm) governor Nur Misuari, presided by Marella himself, coup d'etat case against the Oakwood mutineers, anti-wiretapping case against former investigation bureau deputy director Samuel Ong, and Northrail case, among other high-profile cases.
Gonzalez earlier expressed concern that the judicial proceedings under the VFA may not be completed if the case is handled by Judge Avelino Lazo of Olongapo City RTC Branch 75, who is set to retire within the year.
With Dilag's decision to inhibit from the case, only Judge Reynaldo Caguioa of RTC Branch 74 and Lazo are available to handle the case.
However, Caguioa is also likely to inhibit himself, according to Gonzalez.
Dilag cited as reason for his inhibition his son's previous employment as associate of the law firm handling the defense of one of the accused US Marines, Staff Sergeant Chad Carpentier.
Aside from the transfer, Gonzalez said more delays are also expected from the decision of some of the Americans to get new lawyers after getting the services of the Makati-based Sycip, Salazar, Hernandez and Gatmaitan law office to represent two of the original six Marines charged with rape.
The two, Lance Corporals Correy Burris and Albert Lara, were subsequently dropped from the charge sheet for lack of evidence and were shipped out of the country by US officials back to their unit's home base in Okinawa, Japan.
Pending before the justice department is the petition for review filed by Lance Corporal Daniel Smith, the principal accused in the case, as well as his fellow soldiers Carpentier, Lance Corporals Keith Silkwood, and Dominic Duplantis seeking to overturn the city prosecutor's findings of probable cause to file the rape case in court.
All four of the suspects remained in detention at the US embassy in Manila.
Among the suspects, Smith has admitted having consensual sex with the complainant but denied raping her. (ECV/Sunnex)
(March 29, 2006 issue)
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