Government vows justice for rape victim

By Paolo Romero, The Philippine Star

President Arroyo vowed justice yesterday for the 23-year-old Filipina who was allegedly gang-raped by five American servicemen in Olongapo City last Nov. 1.

At the same time, Executive Secretary Eduardo Ermita said Malacañang does not see any strain in relations between the Philippines and the US as a result of the reported rape.

"The instructions of the President are to ensure that justice is done and that the proper procedure and provisions are properly followed and properly observed," Ermita said in a telephone interview.

Justice Secretary Raul Gonzalez, for his part, said the government is seeking to gain custody of the five suspects. The five are in the custody of the United States Embassy in Manila.

Gonzalez said he has ordered Olongapo City prosecutors to investigate the case and study the possibility of taking the US servicemen under Philippine custody.

Asked whether the Palace foresees any problems in bilateral relations, Ermita said, "I can’t see that happening. For as long as everyone understands (what are) covered under the Visiting Forces Agreement (or VFA between the Philippines and the US), then I don’t foresee any problem."

He said the incident is covered by the VFA and that both the suspects and the victim "can be assured that justice would be followed in accordance with our law."

Ermita said Malacañang is confident that the incident would be "handled very well" by the Department of Foreign Affairs and the US Embassy. The DFA will take the lead in issuing statements on the investigation, he said.

He could not say whether the government would seek to take custody of the US servicemen during the investigation.

Gonzalez said that under the VFA, the US has "primary jurisdiction" over the custody of American troops involved in criminal cases.

"This is still subject to a dialogue between the DFA and the US. Under the VFA, we basically waive custody to the US except in cases which are of such importance to our country, in which case we must... submit a request for transfer of jurisdiction within 20 days," Gonzalez said.

He said the Philippine government can start its prosecution once the transfer of jurisdiction takes effect.

Gonzalez said the accused are presumed innocent until proven guilty, adding that other than allegation of rape, the US Marines have not violated any provision of the VFA.

He said the rape case is considered to have primary importance, though the government has to tread carefully and with diplomacy in handling the issue.

The five servicemen were not allowed to join the scheduled departure of their ship at 9 a.m. yesterday from the Subic Freeport. The Talon Vision and Amphibious Landing Exercise ‘06 was held from Oct. 26 to Nov. 1.

The rape charges filed before the Olongapo City prosecutor’s office identified the US servicemen as Keith Silkwood, Albert Lara, Corey Barris, Chad Carpenter and Daniel Smith. A sixth US soldier was not included in the charge sheet and was dropped from the list of those accused.

The victim, a 23-year-old native of Zamboanga, was accompanied by relatives while vacationing at the Subic Bay Freeport for the holidays.

"The conduct of the ‘inquest proceedings’ to pursue the case, as ordered by Gonzalez, was invalidated after the suspects were taken into custody by the US embassy," Olongapo City assistant prosecutor Raymond Viray told The STAR.

He added that "at this point, we consider the five suspects still at large, as the US Embassy continues to refuse to turn over the suspects to the Philippine government."

Viray said the suspects will be sent a subpoena for them to personally appear before the city fiscal’s office as part of the preliminary investigation proceedings.

He said if the suspects were in the custody of local authorities, then the process would go faster since the case would be filed directly before the Olongapo City regional trial court with "no need for preliminary investigation."

"If in case that probable cause will be established, then a warrant of arrest will be issued by the local court for the detention of the suspects (at) the local prison cell," Viray said.

He added that the case has become a diplomatic rather than a criminal issue because of the prevailing VFA agreement. ‘Merciless’
Timoteo Soriano, an employee of Starways Travel and Tours who drove the blue Starex van with license plates WKF-162 used by the suspects, said in his sworn statement he "saw how those US Marines mercilessly raped the girl inside the van. It was really horrible."

Court records show that medico-legal officer Dr. Rolando Marfel Ortiz II conducted the medical examination of the victim prior to the filing of rape charges.

In a phone interview with The STAR, Ortiz said the victim sustained bruises and contusions on several parts of her body and indications of "probable" penetration on the vaginal wall.

Ortiz said he is "willing to testify in court and that will be the only time I will reveal my professional opinion and observations based on the conduct of my medical examination (of) the victim."

A statement released by the Subic Bay Metropolitan Authority (SBMA) disclosed that the Department of Justice and the DFA have taken over the investigation into the alleged rape incident.

The statement quoted SBMA chairman Feliciano Salonga and administrator Armand Areza as saying that "the SBMA has already assisted the victim in terms of providing proper medical attention and legal support."

Initial investigation conducted by the SBMA Intelligence and Investigation Office showed that on Nov. 1 at 9 p.m., the victim had gone "barhopping" inside the freeport with her stepsister, an unidentified US serviceman and a certain Garcia.

While inside the Neptune Club and KTV Bar, the victim was befriended by a US Marine who was spending his rest and recreation privileges with other US servicemen.

The suspect allegedly invited the victim to go to another place in the freeport along with four other US Marines. The victim agreed and left her companions inside the bar. She went out with the suspects, and boarded a rented van parked in front of the establishment.

Hours later, witnesses saw the suspects dumping the unconscious victim out of a van along a dimly lit area near the waterfront road.

Responding SBMA security personnel went to the scene and brought the victim to the Law Enforcement Department office.

The victim complained of pains all over her body, including her genitals, and was brought to the James L. Gordon Memorial Hospital in Olongapo City for medico-legal examination.

SBMA deputy administrator Jose Calimlim said the commander of the five Marines initially wanted to take them back to their base in Okinawa, Japan but Philippine authorities insisted they be left behind to face investigation.

Philippine National Police deputy spokesman Senior Superintendent Herminigilda Salangad said the PNP will assist the SBMA police in its investigation of the rape case. ‘Local laws must apply’

Citing previous instances wherein the US asserted its authority to investigate and try erring servicemen, Majority Leader Prospero Nograles said the alleged rape was committed in Philippine territory and the country’s laws must therefore apply.

Nograles said in the US, Filipino offenders like former police officer Michael Ray Aquino are prosecuted and tried there, so "in the same manner, we should prosecute and try any foreigner violating our laws."

Cebu City Rep. Antonio Cuenco said since the crime was committed in "our territory, then we have the primary right to exercise jurisdiction of the case."

Sen. Richard Gordon said the Philippines "did not give away part of our sovereignty" when the government signed the VFA.

"The subject matter here is an alleged criminal offense punishable under our laws and committed within Philippine territory. Definitely, the Philippines has jurisdiction, especially so when the offense occurred when the US military personnel was off-duty," he said.

Isabela Rep. Edwin Uy called on the US government to allow the justice system to work and "not to use its influence or any bargaining position to buy out their soldiers’ freedom."

Militant groups said the rape case highlights the excesses of the VFA and the US.

Akbayan cited that US servicemen were also guilty of abuse in other countries as well — the 1995 rape of a 12-year-old girl in Okinawa, where another incident of rape was reported in 2001; prisoner abuse in Iraq; and sexual harassment and assault in Korea.

Anakpawis party-list Rep. Crispin Beltran said the suspects should be taken into the custody of the PNP or the Armed Forces of the Philippines, "and under no conditions given special treatment. These American servicemen should be thrown in Muntinlupa for what they did."

The Gabriela Women’s Party urged Mrs. Arroyo to immediately scrap the VFA and the Mutual Logistics Support Agreement, citing that more than 82 women and 15 children were victims of sexual abuse by US soldiers before the US bases agreement was terminated in the early 1990s.

The Promotion of Church People’s Response said Mrs. Arroyo would face more calls for her ouster if she allows Washington "to invoke criminal immunity for its military troops who commit crimes in the country." — With Jose Rodel Clapano, Bebot Sison Jr., Cecille Suerte Felipe, Jess Diaz, Katherine Adraneda, Edu Punay, AP