By Ronron
December 4, 2006
A Philippine court on Monday found one of four US Marine soldiers guilty of raping a Filipino woman last year at the former US Naval Base in Olongapo City, Zambales.
In his 63-page decision read before the accused by his Acting Clerk of Court, Verdasto Sumbilla, Jr., Judge Benjamin Pozon of Makati City Regional Trial Court Branch 139 said Lance Corporal Daniel Smith, 21, is "guilty beyond reasonable doubt" for the crime of rape.
On the other hand, Staff Sergeant Chad Brian Carpentier, Lance Corporal Keith Silkwood and Lance Corporal Dominic Duplantis were acquitted due to lack of evidence against them.
"In accordance with Article 266-B, First Paragraph thereof (of the Philippine Revised Penal Code), (this court) hereby sentences him to suffer the penalty of reclusion perpetua, together with accessory penalties provided for under Article 41 of the same code… Accused Lance Corporal Daniel J. Smith is further sentenced to indemnify complainant … in the amount of P50,000 as compensatory damages, plus P50,000 as moral damages," Pozon wrote.
"Pursuant to Article 5, Paragraph 10 of the Visiting Forces Agreement by the Philippines and the United States, accused … Smith shall serve his sentence in the facilities that shall hereafter be agreed upon by appropriate Philippine and United States authorities. Pending agreement on such facilities, accused … Smith is hereby temporarily committed to the Makati City jail," he added.
The promulgation of the decision that began at 1:15 pm yesterday came 23 days short of the one-year prescription period for the Philippine court to decide on the case, otherwise, custody of the accused will finally rest with the United States government.
"I am so happy with the decision even if only one was convicted, and especially when the Judge said "no" (to the appeal of Smith's lawyer that the convict be retained at the US Embassy instead of being brought to the Makati City Jail)," the 23-year-old complainant, identified in public as "Nicole," said in Filipino minutes after
hearing the decision.
The victim, who was in black and wearing a pair of sunglasses, was joined in the courtroom by her mother, two brothers, half-sister, psychiatrist, private lawyers, and supporters.
The accused, on the other hand, who were in suits, were flanked by their lawyers and several personnel of the US Embassy in Manila. The four stood up in one line in front of Pozon when Sumbilla read the decision of the case.
"Well, that is the decision but we have to appeal it. But I really don't agree with the order that Smith be committed in the Makati City jail. That is a violation of the Visiting Forces Agreement," Smith's lawyer, Ricardo Diaz, told this reporter after the court proceedings.
According to Pozon, the prosecution presented sufficient circumstantial evidence against Smith that merited the guilty verdict against him.
"As the evidence clearly showed, accused Smith took advantage of the intoxication of the complainant in perpetrating the subject crime… True, there may be no direct evidence to show that the crime of rape was committed. But the circumstantial evidence, which, taken together, sufficiently overcomes the presumption of innocence of accused Smith," Pozon wrote.
The Judge particularly took note of the independent witnesses presented by the prosecution, particularly the security personnel at the site of the incident, who proved that "Nicole" was indeed drunk when Smith took her out of the Neptune Club and brought inside the van.
Smith had admitted during the trial, which began last June 2, of having sexual intercourse with "Nicole" but asserted it was consensual. "Nicole" debunked this, saying she actually resisted his sexual advances when they were inside a Starex van past 11 pm of November 1, 2005 inside Subic Bay Freeport in Olongapo City.
"The claim of accused Smith did not inspire belief. If it were true that the sex between him and the complainant was consensual, why would she resist him, evade his kisses, push and fight him back, and shout? … Why would she charge him of raping her? Accused Smith testified during the questioning from this court that he does not know of any reason why the complainant would file this case against him," Pozon
wrote.
The prosecution charged Carpentier, Silkwood and Duplantis just the same since they allegedly encouraged, or did nothing at the least, to stop Smith. All four were in the same van that night and were supposed to end their liberty following their participation in a joint military training exercise with Philippine troops.
But, Pozon said, they "cannot be considered as conspirators of accused Smith because there was no evidence that they came to an agreement to commit the crime subject of this case and that they decided to do it."
They cannot also be held liable as principals "since they did not directly participate in the carnal knowledge of the complainant," the Judge added.
Almost close to the end of the promulgation of the decision, "Nicole" was no longer able to control her emotions and burst into a loud cry. Her supporters then followed with cheers and applause.
"Rape is a grave physical violation. It debases a woman's dignity, leaves a scar on her body and soul that not even time can heal. It subjects the woman's honor to scorn and its violation to public condemnation," Pozon said.
The reading of the promulgation lasted for 40 minutes.
Diaz promptly made an oral appeal for Pozon to order the retention of Smith at the US Embassy, and not at the Makati City jail, citing Section 6, Article 5 of the VFA, which provides that the custody of an accused American remains in the US until the judicial proceedings are completed.
The prosecution, through lead State Prosecutor Emelie Fe delos Santos, opposed the appeal and moved for the immediate enforcement of Pozon's order.
Pozon then denied Diaz' motion, and banged the gavel at exactly 2pm.
The Makati City Police, led by its chief, Supt. Gilbert Cruz, quickly took hold of Smith and prevented the security personnel of the US Embassy from taking him.
Carpentier, Duplantis and Silkwood were then escorted out of the courtroom through the main entrance, while Smith was brought out through the private exit door and headed to the Makati City Police Office where he underwent the proper documentation process for a detainee.
The three acquitted, on the other hand, departed immediately outside of the Philippines aboard a C12 plane, bound for Okinawa, Japan.
"With their acquittal on criminal charges, Carpentier, Duplantis and Silkwood will return directly to their military unit. Their commander will now take action regarding the completion of the US military's own investigation of this case," the US Embassy said in a statement.
"The US will continue to abide by the Visiting Forces Agreement through the completion of all judicial proceedings, including any appeals," it added.
But "Nicole's" private lawyer, Evalyn Ursua, said it is very likely that no appeal will be made with regard to the three.
From the Makati City Police, Smith was then brought past 5pm to the Makati City jail where he will spend the night, pending the filing of a petition for habeas corpus by Diaz before the Supreme Court.
An appeal on the verdict of conviction will also be filed by Smith's lawyers before the Court of Appeals in the coming days.
"I'm so happy. I'm so happy for Nicole, regardless of the acquittal of the three. We're so happy. The decision of the Judge I think showed to the world that "Nicole" was telling the truth, that everything we did for this case was for the dignity of "Nicole", all Filipinos, for the country," Ursua said after the promulgation.
"We're so happy that Judge Pozon wrote the decision that we think was justified, fair, that he did not give in to political pressure, that he had the courage to actually order the commitment of accused Smith to the Makati City jail. I think that shows just an extraordinary courage and judicial independence, and we laud Judge Pozon for that," she added.
"Nicole's" psychiatrist, Dr. June Lopez, expressed confidence that "this vindication" for her client will help her recover fast from the trauma she is into, and boost the fighting spirit of other rape victims./DMS
Monday, December 4, 2006
Saturday, May 20, 2006
RP, China, and Vietnam agree to be in constant communication following alleged pirates’ attack in Spratly’s
By Ronron
May 19, 2006
The Philippines, China and Vietnam have agreed to be in constant contact with each other following the alleged attack by suspected pirates on a Chinese fishing vessel late April in the waters of the disputed Spratly’s island.
Armed Forces of the Philippines (AFP) Chief of Staff Gen. Generoso Senga said the agreement was arrived at during his official visits last week to China and Vietnam.
“I just came from a meeting with the chiefs of Defense forces of China and Vietnam and we have agreed that we will continue our direct communication and direct cooperation in the area so that these problems in the area … that are bothering all of us in common will be resolved,” Senga told reporters in a chance interview Friday in Camp Aguinaldo.
Among the “issues and concerns” he cited are piracy, smuggling, and other transnational crimes.
Senga reiterated that the attackers of a Chinese fishing vessel last month was definitely not a Philippine military vessel, as announced earlier by AFP Public Information Officer Col. Tristan Kison, quoting AFP Western Command chief Rear Admiral Tirso Danga.
“It was already determined that no AFP vessel was there, no Philippine Navy vessel was there… Apparently, they were pirates,” Senga said of the suspects in the attack that resulted in the death of four Chinese crew members and the wounding of three others.
Senga could not say, however, if the pirates were Filipinos or of other nationalities.
Spratly’s, which is believed to be rich in oil deposits aside from its abundant marine resources, is being claimed in parts by the Philippines, China, Taiwan, Vietnam, Brunei and Malaysia./DMS
May 19, 2006
The Philippines, China and Vietnam have agreed to be in constant contact with each other following the alleged attack by suspected pirates on a Chinese fishing vessel late April in the waters of the disputed Spratly’s island.
Armed Forces of the Philippines (AFP) Chief of Staff Gen. Generoso Senga said the agreement was arrived at during his official visits last week to China and Vietnam.
“I just came from a meeting with the chiefs of Defense forces of China and Vietnam and we have agreed that we will continue our direct communication and direct cooperation in the area so that these problems in the area … that are bothering all of us in common will be resolved,” Senga told reporters in a chance interview Friday in Camp Aguinaldo.
Among the “issues and concerns” he cited are piracy, smuggling, and other transnational crimes.
Senga reiterated that the attackers of a Chinese fishing vessel last month was definitely not a Philippine military vessel, as announced earlier by AFP Public Information Officer Col. Tristan Kison, quoting AFP Western Command chief Rear Admiral Tirso Danga.
“It was already determined that no AFP vessel was there, no Philippine Navy vessel was there… Apparently, they were pirates,” Senga said of the suspects in the attack that resulted in the death of four Chinese crew members and the wounding of three others.
Senga could not say, however, if the pirates were Filipinos or of other nationalities.
Spratly’s, which is believed to be rich in oil deposits aside from its abundant marine resources, is being claimed in parts by the Philippines, China, Taiwan, Vietnam, Brunei and Malaysia./DMS
Tuesday, May 9, 2006
Attacker of Chinese vessel in Spartly’s not RP military ship, says AFP
By Ronron
May 8, 2006
Even before an investigation on the alleged shooting of a Chinese vessel in the Spratly’s Island over a week ago could wrap up, the Philippine military already cleared its personnel from any involvement in the controversial incident.
“The evidence (indicates) that there were no military units in the area when that incident happened,” Armed Forces of the Philippines (AFP) Public Information Officer Col. Tristan Kison told reporters Monday in Camp Aguinaldo.
“I don’t think so,” was his reply when asked categorically if a Philippine military vessel was involved in the attack.
Reports from Beijing said the Chinese fishing vessel was attacked last April 27 by suspected Filipino pirates, resulting in the death of four crew members and the wounding of three others.
Spratly’s, located off Palawan in the South China Sea, is being claimed in parts by the Philippines, China, Taiwan, Vietnam, Brunei and Malaysia. It is believed to be rich in oil deposits aside from its marine resources.
On Wednesday last week, the AFP’s Western Command (Wescom), upon orders that same day by Malacanang, started investigating the alleged incident. That early, the Philippine military was already inclined to believe that the attack was the handiwork of pirates.
“The Chinese authorities specified the place where the alleged incident happened that is why the Wescom determined right away that we had no ships there at that time,” Kison said in Filipino.
Kison supported the initial possibility of pirates’ involvement by citing the kidnapping activity carried out by the Abu Sayyaf bandit group in April 2000 at Sipadan in Sabah, Malaysia.
“Anything is possible in the high seas. Remember the Sipadan incident where Abu Sayyaf pirates got into Sipadan resort, held hostage several tourists and brought them to Philippine territory?” Kison said.
Kison could not immediately say when the investigation is expected to be finished./DMS
May 8, 2006
Even before an investigation on the alleged shooting of a Chinese vessel in the Spratly’s Island over a week ago could wrap up, the Philippine military already cleared its personnel from any involvement in the controversial incident.
“The evidence (indicates) that there were no military units in the area when that incident happened,” Armed Forces of the Philippines (AFP) Public Information Officer Col. Tristan Kison told reporters Monday in Camp Aguinaldo.
“I don’t think so,” was his reply when asked categorically if a Philippine military vessel was involved in the attack.
Reports from Beijing said the Chinese fishing vessel was attacked last April 27 by suspected Filipino pirates, resulting in the death of four crew members and the wounding of three others.
Spratly’s, located off Palawan in the South China Sea, is being claimed in parts by the Philippines, China, Taiwan, Vietnam, Brunei and Malaysia. It is believed to be rich in oil deposits aside from its marine resources.
On Wednesday last week, the AFP’s Western Command (Wescom), upon orders that same day by Malacanang, started investigating the alleged incident. That early, the Philippine military was already inclined to believe that the attack was the handiwork of pirates.
“The Chinese authorities specified the place where the alleged incident happened that is why the Wescom determined right away that we had no ships there at that time,” Kison said in Filipino.
Kison supported the initial possibility of pirates’ involvement by citing the kidnapping activity carried out by the Abu Sayyaf bandit group in April 2000 at Sipadan in Sabah, Malaysia.
“Anything is possible in the high seas. Remember the Sipadan incident where Abu Sayyaf pirates got into Sipadan resort, held hostage several tourists and brought them to Philippine territory?” Kison said.
Kison could not immediately say when the investigation is expected to be finished./DMS
Friday, May 5, 2006
Philippine military investigates alleged shooting of Chinese vessel off Spratly’s
By Ronron
May 4, 2006
The Armed Forces of the Philippines (AFP) has begun investigating the alleged shooting last week of a Chinese fishing vessel off the disputed Spratly’s island in the South China Sea by suspected Filipino pirates, which resulted in the death of four Chinese crew members and the wounding of three others.
AFP Public Information Officer (PIO) Col. Tristan Kison told Camp Aguinaldo reporters Thursday that AFP Western Command (Wescom) chief Rear Admiral Tirso Danga already went to the area last Wednesday for a preliminary investigation.
Danga’s action came on the same day Malacanang ordered the AFP to investigate the alleged incident.
“Admiral Danga started the investigation on his own. That’s his area (of responsibility),” Kison said in a phone interview.
Sans the result of the investigation, the military, however, is inclined to believe that it was a pirate attack, the same theory floated in news reports that came first from Beijing.
Kison said he does not have any details yet about the incident when pressed by reporters.
Aside from the Philippines and China, the oil-rich Spratly’s is also being claimed by Taiwan, Vietnam, Brunei and Malaysia./DMS
May 4, 2006
The Armed Forces of the Philippines (AFP) has begun investigating the alleged shooting last week of a Chinese fishing vessel off the disputed Spratly’s island in the South China Sea by suspected Filipino pirates, which resulted in the death of four Chinese crew members and the wounding of three others.
AFP Public Information Officer (PIO) Col. Tristan Kison told Camp Aguinaldo reporters Thursday that AFP Western Command (Wescom) chief Rear Admiral Tirso Danga already went to the area last Wednesday for a preliminary investigation.
Danga’s action came on the same day Malacanang ordered the AFP to investigate the alleged incident.
“Admiral Danga started the investigation on his own. That’s his area (of responsibility),” Kison said in a phone interview.
Sans the result of the investigation, the military, however, is inclined to believe that it was a pirate attack, the same theory floated in news reports that came first from Beijing.
Kison said he does not have any details yet about the incident when pressed by reporters.
Aside from the Philippines and China, the oil-rich Spratly’s is also being claimed by Taiwan, Vietnam, Brunei and Malaysia./DMS
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