Subic police told: Prove conspiracy
By Ric Sapnu
The Philippine Star 11/10/2005
CAMP OLIVAS, Pampanga — Investigators handling the controversial rape case involving six US servicemen have been told to establish conspiracy among the suspects in an apparent attempt to bolster their case.
Superintendent Salvador Manga, regional chief of the Central Luzon Criminal Investigation and Detection Unit (CIDU) based here, said investigators have been tasked to establish conspiracy following reports that only one of the six US soldiers accused of the crime actually raped the 22-year-old Filipina.
"We have to establish conspiracy among the suspects to give weight to the testimonies filed against the servicemen," Manga said.
He emphasized the importance of proving conspiracy among the suspects since under the law, "the act of one is the act of all," making them all equally accountable for the crime.
On the other hand, the victim’s family sought the assistance of Sen. Richard Gordon for legal assistance in pursuing the case. Gordon is a former Olongapo City mayor and administrator of the Subic Bay Metropolitan Authority.
The mother of the victim sent a letter to Gordon claiming her daughter had experienced "torment and despair" stemming from the extensive media coverage of the rape case.
"For my daughter, the ordeal of living with fear, depression and humiliation is indeed very painful and even much agonizing for a mother like me who sees her young daughter in moments of torment and despair," the mother said.
Gordon said, for humanitarian reasons, he will provide a team of high-caliber lawyers to assist the victim in the prosecution of the case.
Gordon claimed he had tapped the services of the ACCRA law office and a female Bar topnotcher who now works at the Supreme Court.
Apart from legal assistance, Gordon said the Philippine National Red Cross (PNRC) of which he is chairman will provide psychological support to the victim to include stress debriefing, counseling and a safe refuge that she and her family may need during the investigation and trial of the case.
"We are already coordinating with three lawyers who have all agreed to help the victim in this case. The PNRC being a humanitarian organization is committed to assisting victims of all kinds of injustice," Gordon said.
Manga had earlier called on investigators to reexamine the vehicle used by the suspects to carry out the alleged rape. He noted, however, that the rented Starex van has been returned to its owner in Quezon City.
"A small piece of evidence would contribute a lot in identifying the suspects and helping the case (to be) resolved," Manga said.
On Tuesday, Olongapo City State Prosecutor Raymund Viray had asked the accused US servicemen to submit their replies to the rape complaint filed by the 22-year-old woman during hearings set for Nov. 23 and 29 in Olongapo City.
The accused are Staff Sgts. Keith Silkwood, Daniel Smith, Albert Lara, Corey Burris and Chad Carpenter, all members of the 31st Marine Expeditionary Unit (31st MEU) based in Okinawa, Japan. The sixth soldier involved in the case has yet to be included in the charge sheet.
Viray added they will then decide whether to file rape charges.
The complaint filed last week alleges the woman was raped in a van on Nov. 1 at the Subic Freeport. In her statement, the woman claimed she was raped by one of the Marines, while the others cheered inside the van while it was being driven around the sprawling port.
Manga said the investigators must also establish how the victim was taken by the suspects from the nightclub and into the van.
He noted the victim claimed she felt dizzy before realizing that she was already inside a van with the five American soldiers.
Embassy Press Attaché Matthew Lussenhop said the US government will take the appropriate action on the involved servicemen in accordance with the Visiting Forces Agreement (VFA) signed with the Philippine government.
"Under the VFA, we are required to provide the six individuals to Philippine investigators. We will live up to our responsibilities to the VFA," Lussenhop said.
Acting US Embassy Deputy Chief of Mission and Political Counselor Scott Bellard on Tuesday said the US government will cooperate with the Philippine authorities in accordance with the provisions and terms of the VFA until the case is resolved.
Bellard said the servicemen are still in custody of the US Embassy and will be made available during the preliminary investigation on Nov. 23 and 29.
Bellard clarified that not all six military men are considered suspects in the rape case.
US Embassy Chargé d’ Affaires Paul Jones, for his part, assured that the servicemen will not leave the country.
Chief State Prosecutor Jovencito Zuño said the government will demand custody of the six US Marines after they are formally charged in court and arrest warrants issued.
Officials conceded the American servicemen will have to remain in the custody of the US Embassy even if the local courts issue a warrant for their arrest.
Even if the Philippines secures jurisdiction over the case and seeks the death penalty for the accused, Executive Secretary Eduardo Ermita and Justice Secretary Raul Gonzalez said the Philippine government cannot compel the US to surrender the soldiers without securing a formal conviction from the local courts.
Ermita and Gonzalez explained the VFA is very explicit that the erring soldiers should remain under custody of the US officials, but only upon their request.
"Unless there are strong reasons for them to be requested by Philippine authorities to be placed under Philippine custody, then the provisions (of the VFA) state that they will stay under US custody," Ermita said.
According to Gonzalez, the Philippines would have to waive custody in favor of the Americans should they request it.
"This will last for the duration of the trial. That is how the situation is even if they are already indicted… and there is a warrant of arrest issued against them, that will not compel them to surrender the persons to us," Gonzalez said.
In effect, Gonzalez said, the custody will be like a "recognizance on the part of the United States of their personnel if the crimes committed are crimes that are punishable under Philippine laws."
Zuño added the Department of Justice will file a petition before the Supreme Court to designate a special court to try the six US Marines within one year once charges are filed against them.
"We can do that," he said of the one-year requirement. "We can have marathon trial through daily hearings. We can ask the Supreme Court to designate a special court."
Zuño explained the accused soldiers need not be physically present during the preliminary hearings. He said they may submit their own sworn statements before any public prosecutor or directly to the Olongapo City prosecutor’s office under the Revised Rules on Criminal Procedure.
Zuño said that the court may assert its authority over the case once "sufficient evidence is established."
Gonzalez added the Philippine government could only seek custody over American soldiers if the case would be of particular importance to the Philippines.
"Unfortunately there is no definition of terms as to what cases are of particular importance to the Philippines. So we are trying to research," he said.
While it is important to strengthen the complaint, a retraction could not actually be very material to cause the dismissal of the case as long as the victim would be credible and the physical evidence is intact.
Gonzalez said a corroboration in a rape case could only be considered a "bonus."
"Right now, the victim I think is very firm, whether this driver recants or not, I think we still have a case," he said.
Being a heinous crime, Gonzalez said the American soldiers could not be exempted from the death penalty if that were the final verdict.
"Under the VFA, there is no provision there that says that a conviction that will result in death penalty is not allowed," Gonzalez noted.
He said the VFA is not like an extradition treaty wherein the death penalty may not be applied if requested by the concerned country.
"As far as I’m concerned, the way I interpret this, (the death penalty) will apply if there is a conviction," he said.
On the other hand, a former official of the Presidential Commission on the VFA called for a "fine-tuning" of some of the provisions of the treaty.
"One of the things I would want to change is the custody. It should be the custody of the Philippine government. That provision here practically surrendered our sovereignty, (when) custody over the suspects" was given to the US, said Justice Amado Valdez, Dean of the College of Law of the University of the East.
Valdez, who was executive director of the VFACom from November 2002 to October 2003, also sees disadvantages to having the VFA.
When the country fails to enforce its own laws, Valdez said this creates the impression of a weak government.
"We need a strong government in order to make it succeed," he said.
Ermita, for his part, also assured the government would pursue justice and ensure the dignity of the rape victim under Philippine laws.
He appealed for respect of the victim’s privacy as well as the suspects’ right to a fair hearing and due process.
Ermita stressed the "bilateral relations between the Philippines and the US remain vibrant and strong" despite the isolated incident.
In Washington, Philippine Embassy Defense Attaché Maj. Gen. Roberto Sylim said RP-US military relations were not likely to be affected whatever the outcome of the investigation into the case.
Sylim said the issue was not even brought up during a meeting with Pentagon officials on Tuesday. "It was business as usual," he said.
"This (case) is one of those unfortunate things which happens once in a while and should not affect the bigger picture. I believe justice will prevail," he added.
Sylim said the rape case has attracted little attention so far in the US media, which is primarily focused on the military situation in Iraq. — With reports from Christina Mendez, Pia Lee-Brago, Aurea Calica, Jose Rodel Clapano, Sandy Araneta, Lito Katigbak (STAR Washington Bureau)
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