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Thursday, April 20, 2006
Prosecutor quits Subic rape case over justice office's ruling
MANILA -- Olongapo City Prosecutor Prudencio Jalandoni on Wednesday resigned as a member of the panel that would prosecute the four US servicemen charged with rape before the Makati City Regional Trial Court (RTC).
Jalandoni's move came after the decision of Justice Secretary Raul Gonzalez Sr. to downgrade the charges against the three of them from principal to mere accessory.
Jalandoni said he was disappointed with the results of the review conducted by Gonzalez that showed that there was no conspiracy among the four respondents in raping the girl.
"I am disappointed with the resolution. This is the main reason why I'm resigning from the panel," Jalandoni said.
He was appointed vice chairman of the panel of prosecutors who will handle the case of the victim before the Makati RTC.
Among the new members of the panel are Makati City Prosector Feliciano Aspi, chairman; with Senior State Prosecutor Emilie Fe Delos Santos, Makati Assistant Chief Prosecutor Christopher Garvida, Olongapo City Assistant Chief Prosecutor Raymund Viray as members.
Jalandoni said based on his personal assessment of the case, the charges against Staff Sergeant Chad Carpentier, Lance Corporals Keith Silkwood and Dominic Duplantis should not have been downgraded because there is sufficient evidence to prove that there was conspiracy in committing the rape.
He said it would be inconsistent on his part if he would remain with the panel despite his opposition to the findings of Gonzalez.
In his resolution on the petitions for review filed by the accused, Gonzalez ruled that the evidence presented by the lawyers of the 22-year-old Filipino woman failed to prove conspiracy among the US soldiers in raping the victim.
Gonzalez however sustained Jalandoni's resolution charging Lance Corporal Daniel Smith as principal accused in the Subic rape case that took place on November 1, 2005 at the Subic Bay Freeport.
Finding no participation on the part of Smith's fellow soldiers in the alleged rape, he recommended the filing of charges against them as accessories, or two degrees lower than the principal.
But Jalandoni maintained that in his evaluation of the evidence, there were overt acts committed by the respondents showing that they conspired with Smith in raping the girl.
He said based on the affidavits submitted against the accused, Carpentier even allowed Smith to take the victim with her inside the van.
Jalandoni said he would submit his resignation as member of the panel once he receives a copy of Gonzalez's decision. (ECV/Sunnex)
(April 20, 2006 issue)
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