Palace: RP trial for GIs in rape case, DFA to handle case
Malacañan on Friday said that the six US Marines accused of raping a 22-year old Filipina in Subic Bay will be prosecuted and detained in the Philippines if sufficient basis is found in the case against them, TV Patrol World reported.
Executive Secretary Eduardo Ermita said that the process is guaranteed under the guidelines of the Visiting Forces Agreement (VFA) between the US and the Philippines.
"The process will be followed this we want to make sure," he said after conferring with Foreign Affairs Undersecretary Zosimo Paredes, executive director of the VFA Commission.
The VFA Commission has already scrutinized the law which indicates that Americans accused of violating Philippine laws will have to undergo trial under the country’s courts.
"The VFA is very clear, malinaw na hawak natin ang jurisdiction ang kaso (It is clear that we have jurisdiction over the case)," said Paredes.
The VFA, however, also indicated that the accused will have to remain under the custody of the US Embassy until the case is resolved.
Further, the agreement states that the case will have to be resolved within a year or the US Embassy will have to set the suspects free.
"Extra-special ang case na ito kaya dapat bilisan, dahil kung hindi this will hamper diplomatic relations (This is an extra-special case so we have to solve it right away or else, it will hamper diplomatic relations)," said Paredes.
Meanwhile, the US Embassy said it will abide by the provisions set in the VFA. The embassy also said consular officials and the suspects will cooperate with Philippine authorities in the investigations.
Earlier, Senator Richard Gordon said the Philippines can assert jurisdiction over the suspects.
Gordon said there had been apprehensions whether the country can assert jurisdiction over offenses committed by US military personnel in its territory as stated in Article 5 of the VFA, which embodies terms on Criminal Jurisdiction.
"The subject matter here is an alleged criminal offense punishable under our laws and committed within the Philippine territory. Definitely, the Philippines has jurisdiction, especially so when the offense occurred when the US military personnel was off-duty."
Gordon, former chairman of the Subic Bay Metropolitan Authority (SBMA) and ex-mayor of Olongapo City, also expressed "utmost concern" on the rape incident.
"The suspects must answer and account for the rape charged against them. If they are indeed guilty, then they should be made liable," said Gordon adding that the VFA "is not meant to favor US military personnel."
He added: "The aim of the VFA is to promote the common security interests of the Philippines and the US, and to strengthen international and regional security in the pacific area."
Gordon said the incident is a setback to the VFA because it disturbs the focus of the security agreement and hinders its actual purpose which is to strengthen the security capacity of our military forces
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Palace lets DFA handle rape case
Malacañan said on Friday that it would let the Department of Foreign Affairs handle the case of the reported rape of a 22-year-old Filipino woman by six US Marines who were taking part in counterterrorism exercises in Subic.
Executive Secretary Eduardo Ermita said the DFA is the proper agency to handle the case, because the incident is covered by the Visiting Forces Agreement (VFA).
The VFA is a treaty between the Philippines and US that institutionalizes the rules on the treatment of US Armed Forces who are in the Philippines to train and hold military exercises with Filipino troops.
"The instruction of the President is to ensure that justice is done and the procedure and the provisions are followed and properly observed," Ermita said.
He said the Palace will no longer entertain queries about the incident.
The six Americans were identified in the complaint filed at the Olongapo Prosecutor’s office as Keith Silkwood, Daniel Smith, Albert Lara, Dominic Duplantis, Corey Barris and Chad Carpenter. They are said to be in the custody of the US Embassy in Manila.
A statement the US Embassy released on Thursday said that both Washington and Manila will work in resolving the incident.
Zosimo Paredes, executive director of the Presidential Commission on the Visiting Forces Agreement, said Article 5, Section 1 of the VFA states that "Philippine authorities shall have jurisdiction over United States personnel with respect to offenses committed within the Philippines and punishable under the law of the Philippines."
Paredes said the case will be treated like any criminal case that will undergo preliminary investigation, filing of charges, arrest and trial.
He added, however, that Section 6 of the agreement states that "the custody of any United States personnel [over] whom the Philippines is to exercise jurisdiction shall immediately reside with United States military authorities, if they so request, from the commission of the offense until completion of all judicial proceedings."
This means the suspects may remain in the custody of American authorities for the duration of the investigation until the end of the trial.
Paredes added that local courts must resolve the case within a year or risk possibly losing jurisdiction over the suspects.
The Department of Justice is studying provisions of the VFA for the possible transfer of custody of the six suspects to local authorities.
"It’s still subject to dialogue between [Department of Foreign Affairs] and US government. Under the VFA, we waived custody to the US except in cases of importance to our country. In which case, we must justify importance within 20 days," Justice Secretary Raul M. Gonzalez said.
"We have the right to ask the US to make the servicemen available for trial. I feel disheartened this happened, but things happen. Anything can happen," he said.
Foreign Secretary Alberto Romulo had said that he was "deeply concerned" about the allegations and that he would "support all efforts by our authorities to investigate, prosecute and try this case."
"The perpetrators of this heinous crime shall be brought to justice," Romulo said.
Under the VFA, American troops who take part in joint exercises in the country are given special legal protection for actions taken as part of the war games. The VFA, however, provides less protection for crimes committed while on leave. Sam Mediavilla and ABS-CBN Interactive
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Leftist groups raise cry over rape of Filipina
Leftist groups on Friday raised an outcry over the alleged rape of a 22-year-old Filipina by six members of the US Marines, saying the incident is just one of the ills of the Visiting Forces Agreement (VFA).
"The first crime is allowing foreign troops in our soil. The second crime is allowing our women to be war victims for these foreign marauders. Any way you look at it, the VFA legitimizes the trampling down of our sovereignty," Gabriela Women's Party secretary general Cristina Palabay said in a statement.
Members of Gabriela and the League of Filipino Students held a street protest before US Embassy along Roxas Boulevard, Manila, to demand the scrapping of the VFA.
The US chapter of the left-wing BAYAN group also condemned the alleged rape, saying the suspects must be surrendered to Philippine jurisdiction.
The six US Marines were reportedly in Subic for rest and recreation after the military exercises called Talon Vision and Amphibious Landing Exercise (PHIBLEX) 06 were concluded in the area last November 1. Approximately 5,000 US and Philippine troops participated in the said exercises.
Bayan USA urged the Philippine government to launch a full investigation of the incident, adding that Philippine authorities should request for the turnover of the suspects. The six suspects are reportedly under the custody of the US Embassy in Manila.
"This heinous crime against the Filipino people at the hands of the US military troops commands nothing less than comprehensive justice. This can only mean all efforts must be exerted by both the US and Philippine authorities for a full investigation of the alleged perpetrators," Bayan USA spokesperson Berna Ellorin said in a statement.
She added: "Absolutely no immunity must be granted to the six suspects under US jurisdiction."
Palabay said the incident is proof that the Philippine government has not learned its lessons on history when it comes to its military relations with the US.
She stated that in 1987, a US serviceman stationed in the US base in Olongapo and accused in the rape of 12 year old Rosario Burgos Baluyot "was whisked out of the country to avoid being tried here."
"The girl later died from sepsis as a result of a piece of a broken vibrator that had lodged in her cervix. Over 82 cases on women (aged 16 years and above) and 15 cases on children victims of sexual abuses perpetrated by US soldiers here before the US Bases Agreement was terminated," she said.
Bayan Muna Rep. Satur Ocampo said no immunity or clemency should be extended to the six suspects in the case.
"Mrs. Arroyo should order Foreign Secretary Alberto Romulo to swiftly take jurisdiction of the incident and the justice department to conduct a summary investigation and file the appropriate charges before a regional trial court to prevent the accused persons' flight from justice," Ocampo said in a statement.
Ocampo said the rape case by US servicemen is the latest act of US military abuse after Afghanistan, Iraq, Guantanamo and Okinawa, and reprises those committed in Subic and Clark when there were US bases in the country.
"More such abuses would recur if US military presence and exercises in the Philippines continue," said Ocampo.
The case is the first test of the VFA, which allows both governments to investigate the allegations if the crime violates laws of both countries.
Sen. Miriam Defensor Santiago earlier said that under the VFA, the Philippines has the primary right to exercise jurisdiction in the case as the host country.
The alleged rape took place on November 1, All Saints Day, following joint military exercises in Subic.
The Subic Bay Metropolitan Authority (SBMA) said the alleged victim had been visiting a karaoke bar when she met the Americans, who invited her to go with them in a rented van.
A few hours later, witnesses said they saw the woman being dumped unconscious from a van on a road, the SBMA said in a statement.
SBMA Chairman Feliciano Salonga confirmed that the six US servicemen--Keith Silkwood, Daniel Smith, Albert Lara, Dominic Duplantis, Corey Barris, and Chad Capent-- were "identified by the driver of the van."
The six US Marines were charged with rape at Olongapo City Prosecutor's Office around 2:30 p.m. Thursday. Prosecutors Ramon Viray and Joel Samonte are handling the rape charges
===
AFP: Subic rape case won't affect Balikatan
The Armed Forces of the Philippines (AFP) on Friday said the rape case involving US servicemen in Subic Bay, Olongapo City, will not have any impact on the joint military exercises between Filipino and American troops in the former US naval base.
Col. Tristan Quizon, chief of the AFP public information office, said the alleged rape of a 22-year-old Filipina by six US Marines on November 1 following joint military drill in Subic is an isolated issue that concerns individuals, not the "Balikatan" exercises.
Zosimo Paredes, executive director of the Presidential Commission on the Visiting Forces Agreement (VFACOM), said Article 5, Section 1 of the VFA states that "Philippine authorities shall have jurisdiction over United States personnel with respect to offenses committed within the Philippines and punishable under the law of the Philippines."
He said the case will be treated like any criminal case that will undergo preliminary investigation, filing of charges, arrest and trial.
He added, however, that Section 6 of the VFA states that "The custody of any United States personnel whom the Philippines is to exercise jurisdiction shall immediately reside with United States military authorities, if they so request, from the commission of the offense until completion of all judicial proceedings."
This means that the suspects may remain under the custody of American authorities for the duration of the investigation until the end of trial.
Paredes added that local courts must resolve the case within a year or risk possibly losing jurisdiction over the suspects.
The Department of Justice, meanwhile, is studying provisions of the VFA for the possible transfer of custody of the six suspects to local authorities.
"It's still subject to dialogue between (Department of Foreign Affairs) and US government. Under VFA, we basically waived custody to US except in cases of importance to our country. In which case, we must justify importance within 20 days," Justice Secretary Raul Gonzalez said.
He added: "We have the right to ask the US to make the servicemen available for trial. I feel disheartened this happened but things happen. Anything can happen."
Sen. Richard Gordon said the Philippines can assert jurisdiction over the US Marines since the alleged criminal offense was committed within the Philippine territory.
"Definitely, the Philippines has jurisdiction, especially so when the offense occurred when the US military personnel was off-duty."
Gordon, former chairman of the Subic Bay Metropolitan Authority (SBMA) and ex-mayor of Olongapo City, also expressed "utmost concern" on the rape incident.
"The suspects must answer and account for the rape charged against them. If they are indeed guilty, then they should be made liable," said Gordon adding that the VFA "is not meant to favor US military personnel."
He added: "The aim of the VFA is to promote the common security interests of the Philippines and the US, and to strengthen international and regional security in the pacific area."
Gordon said the incident is a setback to the VFA because it disturbs the focus of the security agreement and hinders its actual purpose which is to strengthen the security capacity of our military forces.
Opposition Sen. Sergio Osmeña III, meanwhile, scored the viciousness of the crime and the alleged special treatment being given to the suspects.
"We are shocked by the viciousness of a gang rape. During the VFA debates, Malacañan assured us members of the US Armed Forces would undergo rigid training on proper behavior and self-discipline. I voted against the treaty because I did not believe the US would make serious effort. Now we have been proven right," Osmeña said in a text message to ABS-CBN.
He added: "Why are the accused kept in aircon rooms while the government helps the US bribe the victim to drop the charge? If you and I are similarly charged in the US, would we enjoy being detained in the US Embassy?"
Gang rape is punishable by life imprisonment or death in the Philippines.
Marines Keith Silkwood, Daniel Smith, Albert Lara, Dominic Duplantis, Corey Barris and Chad Capent were charged with rape at Olongapo City Prosecutor's Office around 2:30 p.m. Thursday.
The Subic Bay Metropolitan Authority (SBMA) said the alleged victim had been visiting a karaoke bar when she met the Americans, who invited her to go with them in a rented van.
A few hours later, witnesses said they saw the woman being dumped unconscious from a van on a road, the SBMA said in a statement.
SBMA Chairman Feliciano Salonga confirmed that the six suspects were "identified by the driver of the van."
Foreign Secretary Alberto Romulo earlier said that he was "deeply concerned" about the allegations and that he would "support all efforts by our authorities to investigate, prosecute and try this case".
"The perpetrators of this heinous crime shall be brought to justice," Romulo said.
Under the VFA, American troops who take part in joint exercises in the country are given special legal protection for actions taken as part of the war games. The VFA, however, provides less protection for crimes committed while on leave.
===
Solon wants local courts to try GIs in rape case
Bayan Muna Rep. Satur Ocampo on Friday said no immunity or clemency should be extended to the six US Marines accused of raping a Filipina at Subic Bay Freeport, a former US naval base, last Tuesday.
At the same time, the US chapter of the left-wing BAYAN group condemned the alleged rape of the 22-year old Filipina earlier this week.
Ocampo challenged the Arroyo administration to immediately prosecute the US soldiers to the fullest extent of Philippine laws.
"Mrs. Arroyo should order Foreign Secretary Alberto Romulo to swiftly take jurisdiction of the incident and the justice department to conduct a summary investigation and file the appropriate charges before a regional trial court to prevent the accused persons' flight from justice," Ocampo said in a statement.
Ocampo said the rape case by US servicemen is the latest act of US military abuse after Afghanistan, Iraq, Guantanamo and Okinawa, and reprises those committed in Subic and Clark when there were US bases in the country.
"More such abuses would recur if US military presence and exercises in the Philippines continue," said Ocampo, referring to renewed, post-1991 reentry of US soldiers under the Visiting Forces Agreement (VFA), the Mutual Logistics and Support Agreement and the Mutual Defense Treaty of 1951.
The case is the first test of the VFA, which allows both governments to investigate the allegations if the crime violates laws of both countries.
Sen. Miriam Defensor Santiago earlier said that under the VFA, the Philippines has the primary right to exercise jurisdiction in the case as the host country.
The alleged rape took place on November 1, All Saints Day, following joint military exercises in Subic.
The Subic Bay Metropolitan Authority (SBMA) said the alleged victim had been visiting a karaoke bar when she met the Americans, who invited her to go with them in a rented van.
A few hours later, witnesses said they saw the woman being dumped unconscious from a van on a road, the SBMA said in a statement.
SBMA Chairman Feliciano Salonga confirmed that the six US servicemen--Keith Silkwood, Daniel Smith, Albert Lara, Dominic Duplantis, Corey Barris, and Chad Capent-- were "identified by the driver of the van."
The six US Marines were charged with rape at Olongapo City Prosecutor's Office around 2:30 p.m. Thursday. Prosecutors Ramon Viray and Joel Samonte are handling the rape charges.
Bayan USA urged the Philippine government on Friday to launch a full investigation of the incident, adding that Philippine authorities should request for the turnover of the suspects. The six suspects are reportedly under the custody of the US Embassy in Manila.
"This heinous crime against the Filipino people at the hands of the US military troops commands nothing less than comprehensive justice. This can only mean all efforts must be exerted by both the US and Philippine authorities for a full investigation of the alleged perpetrators," Bayan USA spokesperson Berna Ellorin said in a statement.
She added: "Absolutely no immunity must be granted to the six suspects under US jurisdiction."
=====
US-based Pinoy leftists condemn rape of Filipina
The US chapter of the left-wing BAYAN group condemned Friday the alleged rape of a 22-year old Filipina by six US Marines in Subic Bay, Olongapo City last Tuesday, saying the suspects must be surrendered to Philippine jurisdiction.
Bayan USA urged the Philippine government to launch a full investigation of the incident, adding that the Philippine authorities should request for the turnover of the suspects. The six suspects are reportedly under the custody of the US Embassy in Manila.
"This heinous crime against the Filipino people at the hands of the US military troops commands nothing less than comprehensive justice. This can only mean all efforts must be exerted by both the US and Philippine authorities for a full investigation of the alleged perpetrators," Bayan USA spokesperson Berna Ellorin said in a statement.
She added: "Absolutely no immunity must be granted to the six suspects under US jurisdiction."
The alleged rape took place on November 1, All Saints Day, following joint military exercises in Subic, a former US naval base north of Manila.
The Subic Bay Metropolitan Authority (SBMA) said the alleged victim had been visiting a karaoke bar when she met the Americans, who invited her to go with them in a rented van.
A few hours later, witnesses said they saw the woman being dumped unconscious from a van on a road, the SBMA said in a statement.
SBMA Chairman Feliciano Salonga confirmed that the six US servicemen--Keith Silkwood, Daniel Smith, Albert Lara, Dominic Duplantis, Corey Barris, and Chad Capent-- were "identified by the driver of the van."
The six US Marines were charged with rape at Olongapo City Prosecutor's Office around 2:30 p.m. Thursday. Prosecutors Ramon Viray and Joel Samonte are handling the rape charges.
Ellorin scored the claims by the US Embassy and US Charge d’Affaires Paul Jones that the US would "cooperate" with Philippine authorities in an investigation of the incident.
"There is a century-long history of US military atrocities committed against Filipinos in the Philippines that were never brought to justice," Ellorin said.
She cited the shooting of unarmed civilian Buyong-Buyong Isnijal by US Soldier Reggie Lane in Basilan back in July 2002, the shooting of Aetas (an indigenous people) near Subic back in the eighties by US troops who claimed to have mistook them as wild boar, and countless human rights violations and sexual offenses against Filipino women.
Ellorin said in all of those cases, the Philippine government surrendered its criminal jurisdiction to the US. The soldiers, as protected by provisions under the Visiting Forces Agreement (VFA) are seldom surrendered to Philippine authorities much less tried under Philippine law.
"They are totally untouchable under US jurisdiction, despite crimes they can commit against Filipinos on Philippine soil. This means they can get away with anything from murder to gang rape, and not have to answer to the Philippine government," she said.
Foreign Secretary Alberto Romulo earlier said that he was "deeply concerned" about the allegations and that he would "support all efforts by our authorities to investigate, prosecute and try this case".
"The perpetrators of this heinous crime shall be brought to justice," Romulo said.
Executive Secretary Eduardo Ermita said that the process is guaranteed under the guidelines of the Visiting Forces Agreement (VFA) between the US and the Philippines.
"The process will be followed this we want to make sure," he said after conferring with Foreign Affairs Undersecretary Zosimo Paredes, executive director of the VFA Commission.
The VFA Commission has already scrutinized the law which indicates that Americans accused of violating Philippine laws will have to undergo trial under the country’s courts.
"The VFA is very clear, malinaw na hawak natin ang jurisdiction ang kaso (It is clear that we have jurisdiction over the case)," said Paredes.
The VFA, however, also indicated that the accused will have to remain under the custody of the US Embassy until the case is resolved.
Further, the agreement states that the case will have to be resolved within a year or the US Embassy will have to set the suspects free.
"Extra-special ang case na ito kaya dapat bilisan, dahil kung hindi this will hamper diplomatic relations (This is an extra-special case so we have to solve it right away or else, it will hamper diplomatic relations)," said Paredes.
Meanwhile, the US Embassy said it will abide by the provisions set in the VFA. The embassy also said consular officials and the suspects will cooperate with Philippine authorities in the investigations.
Earlier, Senator Richard Gordon said the Philippines can assert jurisdiction over the suspects.
Gordon said there had been apprehensions whether the country can assert jurisdiction over offenses committed by US military personnel in its territory as stated in Article 5 of the VFA, which embodies terms on Criminal Jurisdiction.
"The subject matter here is an alleged criminal offense punishable under our laws and committed within the Philippine territory. Definitely, the Philippines has jurisdiction, especially so when the offense occurred when the US military personnel was off-duty."
Gordon, former chairman of the Subic Bay Metropolitan Authority (SBMA) and ex-mayor of Olongapo City, also expressed "utmost concern" on the rape incident.
"The suspects must answer and account for the rape charged against them. If they are indeed guilty, then they should be made liable," said Gordon adding that the VFA "is not meant to favor US military personnel."
He added: "The aim of the VFA is to promote the common security interests of the Philippines and the US, and to strengthen international and regional security in the pacific area."
Gordon said the incident is a setback to the VFA because it disturbs the focus of the security agreement and hinders its actual purpose which is to strengthen the security capacity of our military forces
===
Palace lets DFA handle rape case
Malacañan said on Friday that it would let the Department of Foreign Affairs handle the case of the reported rape of a 22-year-old Filipino woman by six US Marines who were taking part in counterterrorism exercises in Subic.
Executive Secretary Eduardo Ermita said the DFA is the proper agency to handle the case, because the incident is covered by the Visiting Forces Agreement (VFA).
The VFA is a treaty between the Philippines and US that institutionalizes the rules on the treatment of US Armed Forces who are in the Philippines to train and hold military exercises with Filipino troops.
"The instruction of the President is to ensure that justice is done and the procedure and the provisions are followed and properly observed," Ermita said.
He said the Palace will no longer entertain queries about the incident.
The six Americans were identified in the complaint filed at the Olongapo Prosecutor’s office as Keith Silkwood, Daniel Smith, Albert Lara, Dominic Duplantis, Corey Barris and Chad Carpenter. They are said to be in the custody of the US Embassy in Manila.
A statement the US Embassy released on Thursday said that both Washington and Manila will work in resolving the incident.
Zosimo Paredes, executive director of the Presidential Commission on the Visiting Forces Agreement, said Article 5, Section 1 of the VFA states that "Philippine authorities shall have jurisdiction over United States personnel with respect to offenses committed within the Philippines and punishable under the law of the Philippines."
Paredes said the case will be treated like any criminal case that will undergo preliminary investigation, filing of charges, arrest and trial.
He added, however, that Section 6 of the agreement states that "the custody of any United States personnel [over] whom the Philippines is to exercise jurisdiction shall immediately reside with United States military authorities, if they so request, from the commission of the offense until completion of all judicial proceedings."
This means the suspects may remain in the custody of American authorities for the duration of the investigation until the end of the trial.
Paredes added that local courts must resolve the case within a year or risk possibly losing jurisdiction over the suspects.
The Department of Justice is studying provisions of the VFA for the possible transfer of custody of the six suspects to local authorities.
"It’s still subject to dialogue between [Department of Foreign Affairs] and US government. Under the VFA, we waived custody to the US except in cases of importance to our country. In which case, we must justify importance within 20 days," Justice Secretary Raul M. Gonzalez said.
"We have the right to ask the US to make the servicemen available for trial. I feel disheartened this happened, but things happen. Anything can happen," he said.
Foreign Secretary Alberto Romulo had said that he was "deeply concerned" about the allegations and that he would "support all efforts by our authorities to investigate, prosecute and try this case."
"The perpetrators of this heinous crime shall be brought to justice," Romulo said.
Under the VFA, American troops who take part in joint exercises in the country are given special legal protection for actions taken as part of the war games. The VFA, however, provides less protection for crimes committed while on leave. Sam Mediavilla and ABS-CBN Interactive
===
Leftist groups raise cry over rape of Filipina
Leftist groups on Friday raised an outcry over the alleged rape of a 22-year-old Filipina by six members of the US Marines, saying the incident is just one of the ills of the Visiting Forces Agreement (VFA).
"The first crime is allowing foreign troops in our soil. The second crime is allowing our women to be war victims for these foreign marauders. Any way you look at it, the VFA legitimizes the trampling down of our sovereignty," Gabriela Women's Party secretary general Cristina Palabay said in a statement.
Members of Gabriela and the League of Filipino Students held a street protest before US Embassy along Roxas Boulevard, Manila, to demand the scrapping of the VFA.
The US chapter of the left-wing BAYAN group also condemned the alleged rape, saying the suspects must be surrendered to Philippine jurisdiction.
The six US Marines were reportedly in Subic for rest and recreation after the military exercises called Talon Vision and Amphibious Landing Exercise (PHIBLEX) 06 were concluded in the area last November 1. Approximately 5,000 US and Philippine troops participated in the said exercises.
Bayan USA urged the Philippine government to launch a full investigation of the incident, adding that Philippine authorities should request for the turnover of the suspects. The six suspects are reportedly under the custody of the US Embassy in Manila.
"This heinous crime against the Filipino people at the hands of the US military troops commands nothing less than comprehensive justice. This can only mean all efforts must be exerted by both the US and Philippine authorities for a full investigation of the alleged perpetrators," Bayan USA spokesperson Berna Ellorin said in a statement.
She added: "Absolutely no immunity must be granted to the six suspects under US jurisdiction."
Palabay said the incident is proof that the Philippine government has not learned its lessons on history when it comes to its military relations with the US.
She stated that in 1987, a US serviceman stationed in the US base in Olongapo and accused in the rape of 12 year old Rosario Burgos Baluyot "was whisked out of the country to avoid being tried here."
"The girl later died from sepsis as a result of a piece of a broken vibrator that had lodged in her cervix. Over 82 cases on women (aged 16 years and above) and 15 cases on children victims of sexual abuses perpetrated by US soldiers here before the US Bases Agreement was terminated," she said.
Bayan Muna Rep. Satur Ocampo said no immunity or clemency should be extended to the six suspects in the case.
"Mrs. Arroyo should order Foreign Secretary Alberto Romulo to swiftly take jurisdiction of the incident and the justice department to conduct a summary investigation and file the appropriate charges before a regional trial court to prevent the accused persons' flight from justice," Ocampo said in a statement.
Ocampo said the rape case by US servicemen is the latest act of US military abuse after Afghanistan, Iraq, Guantanamo and Okinawa, and reprises those committed in Subic and Clark when there were US bases in the country.
"More such abuses would recur if US military presence and exercises in the Philippines continue," said Ocampo.
The case is the first test of the VFA, which allows both governments to investigate the allegations if the crime violates laws of both countries.
Sen. Miriam Defensor Santiago earlier said that under the VFA, the Philippines has the primary right to exercise jurisdiction in the case as the host country.
The alleged rape took place on November 1, All Saints Day, following joint military exercises in Subic.
The Subic Bay Metropolitan Authority (SBMA) said the alleged victim had been visiting a karaoke bar when she met the Americans, who invited her to go with them in a rented van.
A few hours later, witnesses said they saw the woman being dumped unconscious from a van on a road, the SBMA said in a statement.
SBMA Chairman Feliciano Salonga confirmed that the six US servicemen--Keith Silkwood, Daniel Smith, Albert Lara, Dominic Duplantis, Corey Barris, and Chad Capent-- were "identified by the driver of the van."
The six US Marines were charged with rape at Olongapo City Prosecutor's Office around 2:30 p.m. Thursday. Prosecutors Ramon Viray and Joel Samonte are handling the rape charges
===
AFP: Subic rape case won't affect Balikatan
The Armed Forces of the Philippines (AFP) on Friday said the rape case involving US servicemen in Subic Bay, Olongapo City, will not have any impact on the joint military exercises between Filipino and American troops in the former US naval base.
Col. Tristan Quizon, chief of the AFP public information office, said the alleged rape of a 22-year-old Filipina by six US Marines on November 1 following joint military drill in Subic is an isolated issue that concerns individuals, not the "Balikatan" exercises.
Zosimo Paredes, executive director of the Presidential Commission on the Visiting Forces Agreement (VFACOM), said Article 5, Section 1 of the VFA states that "Philippine authorities shall have jurisdiction over United States personnel with respect to offenses committed within the Philippines and punishable under the law of the Philippines."
He said the case will be treated like any criminal case that will undergo preliminary investigation, filing of charges, arrest and trial.
He added, however, that Section 6 of the VFA states that "The custody of any United States personnel whom the Philippines is to exercise jurisdiction shall immediately reside with United States military authorities, if they so request, from the commission of the offense until completion of all judicial proceedings."
This means that the suspects may remain under the custody of American authorities for the duration of the investigation until the end of trial.
Paredes added that local courts must resolve the case within a year or risk possibly losing jurisdiction over the suspects.
The Department of Justice, meanwhile, is studying provisions of the VFA for the possible transfer of custody of the six suspects to local authorities.
"It's still subject to dialogue between (Department of Foreign Affairs) and US government. Under VFA, we basically waived custody to US except in cases of importance to our country. In which case, we must justify importance within 20 days," Justice Secretary Raul Gonzalez said.
He added: "We have the right to ask the US to make the servicemen available for trial. I feel disheartened this happened but things happen. Anything can happen."
Sen. Richard Gordon said the Philippines can assert jurisdiction over the US Marines since the alleged criminal offense was committed within the Philippine territory.
"Definitely, the Philippines has jurisdiction, especially so when the offense occurred when the US military personnel was off-duty."
Gordon, former chairman of the Subic Bay Metropolitan Authority (SBMA) and ex-mayor of Olongapo City, also expressed "utmost concern" on the rape incident.
"The suspects must answer and account for the rape charged against them. If they are indeed guilty, then they should be made liable," said Gordon adding that the VFA "is not meant to favor US military personnel."
He added: "The aim of the VFA is to promote the common security interests of the Philippines and the US, and to strengthen international and regional security in the pacific area."
Gordon said the incident is a setback to the VFA because it disturbs the focus of the security agreement and hinders its actual purpose which is to strengthen the security capacity of our military forces.
Opposition Sen. Sergio Osmeña III, meanwhile, scored the viciousness of the crime and the alleged special treatment being given to the suspects.
"We are shocked by the viciousness of a gang rape. During the VFA debates, Malacañan assured us members of the US Armed Forces would undergo rigid training on proper behavior and self-discipline. I voted against the treaty because I did not believe the US would make serious effort. Now we have been proven right," Osmeña said in a text message to ABS-CBN.
He added: "Why are the accused kept in aircon rooms while the government helps the US bribe the victim to drop the charge? If you and I are similarly charged in the US, would we enjoy being detained in the US Embassy?"
Gang rape is punishable by life imprisonment or death in the Philippines.
Marines Keith Silkwood, Daniel Smith, Albert Lara, Dominic Duplantis, Corey Barris and Chad Capent were charged with rape at Olongapo City Prosecutor's Office around 2:30 p.m. Thursday.
The Subic Bay Metropolitan Authority (SBMA) said the alleged victim had been visiting a karaoke bar when she met the Americans, who invited her to go with them in a rented van.
A few hours later, witnesses said they saw the woman being dumped unconscious from a van on a road, the SBMA said in a statement.
SBMA Chairman Feliciano Salonga confirmed that the six suspects were "identified by the driver of the van."
Foreign Secretary Alberto Romulo earlier said that he was "deeply concerned" about the allegations and that he would "support all efforts by our authorities to investigate, prosecute and try this case".
"The perpetrators of this heinous crime shall be brought to justice," Romulo said.
Under the VFA, American troops who take part in joint exercises in the country are given special legal protection for actions taken as part of the war games. The VFA, however, provides less protection for crimes committed while on leave.
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Solon wants local courts to try GIs in rape case
Bayan Muna Rep. Satur Ocampo on Friday said no immunity or clemency should be extended to the six US Marines accused of raping a Filipina at Subic Bay Freeport, a former US naval base, last Tuesday.
At the same time, the US chapter of the left-wing BAYAN group condemned the alleged rape of the 22-year old Filipina earlier this week.
Ocampo challenged the Arroyo administration to immediately prosecute the US soldiers to the fullest extent of Philippine laws.
"Mrs. Arroyo should order Foreign Secretary Alberto Romulo to swiftly take jurisdiction of the incident and the justice department to conduct a summary investigation and file the appropriate charges before a regional trial court to prevent the accused persons' flight from justice," Ocampo said in a statement.
Ocampo said the rape case by US servicemen is the latest act of US military abuse after Afghanistan, Iraq, Guantanamo and Okinawa, and reprises those committed in Subic and Clark when there were US bases in the country.
"More such abuses would recur if US military presence and exercises in the Philippines continue," said Ocampo, referring to renewed, post-1991 reentry of US soldiers under the Visiting Forces Agreement (VFA), the Mutual Logistics and Support Agreement and the Mutual Defense Treaty of 1951.
The case is the first test of the VFA, which allows both governments to investigate the allegations if the crime violates laws of both countries.
Sen. Miriam Defensor Santiago earlier said that under the VFA, the Philippines has the primary right to exercise jurisdiction in the case as the host country.
The alleged rape took place on November 1, All Saints Day, following joint military exercises in Subic.
The Subic Bay Metropolitan Authority (SBMA) said the alleged victim had been visiting a karaoke bar when she met the Americans, who invited her to go with them in a rented van.
A few hours later, witnesses said they saw the woman being dumped unconscious from a van on a road, the SBMA said in a statement.
SBMA Chairman Feliciano Salonga confirmed that the six US servicemen--Keith Silkwood, Daniel Smith, Albert Lara, Dominic Duplantis, Corey Barris, and Chad Capent-- were "identified by the driver of the van."
The six US Marines were charged with rape at Olongapo City Prosecutor's Office around 2:30 p.m. Thursday. Prosecutors Ramon Viray and Joel Samonte are handling the rape charges.
Bayan USA urged the Philippine government on Friday to launch a full investigation of the incident, adding that Philippine authorities should request for the turnover of the suspects. The six suspects are reportedly under the custody of the US Embassy in Manila.
"This heinous crime against the Filipino people at the hands of the US military troops commands nothing less than comprehensive justice. This can only mean all efforts must be exerted by both the US and Philippine authorities for a full investigation of the alleged perpetrators," Bayan USA spokesperson Berna Ellorin said in a statement.
She added: "Absolutely no immunity must be granted to the six suspects under US jurisdiction."
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US-based Pinoy leftists condemn rape of Filipina
The US chapter of the left-wing BAYAN group condemned Friday the alleged rape of a 22-year old Filipina by six US Marines in Subic Bay, Olongapo City last Tuesday, saying the suspects must be surrendered to Philippine jurisdiction.
Bayan USA urged the Philippine government to launch a full investigation of the incident, adding that the Philippine authorities should request for the turnover of the suspects. The six suspects are reportedly under the custody of the US Embassy in Manila.
"This heinous crime against the Filipino people at the hands of the US military troops commands nothing less than comprehensive justice. This can only mean all efforts must be exerted by both the US and Philippine authorities for a full investigation of the alleged perpetrators," Bayan USA spokesperson Berna Ellorin said in a statement.
She added: "Absolutely no immunity must be granted to the six suspects under US jurisdiction."
The alleged rape took place on November 1, All Saints Day, following joint military exercises in Subic, a former US naval base north of Manila.
The Subic Bay Metropolitan Authority (SBMA) said the alleged victim had been visiting a karaoke bar when she met the Americans, who invited her to go with them in a rented van.
A few hours later, witnesses said they saw the woman being dumped unconscious from a van on a road, the SBMA said in a statement.
SBMA Chairman Feliciano Salonga confirmed that the six US servicemen--Keith Silkwood, Daniel Smith, Albert Lara, Dominic Duplantis, Corey Barris, and Chad Capent-- were "identified by the driver of the van."
The six US Marines were charged with rape at Olongapo City Prosecutor's Office around 2:30 p.m. Thursday. Prosecutors Ramon Viray and Joel Samonte are handling the rape charges.
Ellorin scored the claims by the US Embassy and US Charge d’Affaires Paul Jones that the US would "cooperate" with Philippine authorities in an investigation of the incident.
"There is a century-long history of US military atrocities committed against Filipinos in the Philippines that were never brought to justice," Ellorin said.
She cited the shooting of unarmed civilian Buyong-Buyong Isnijal by US Soldier Reggie Lane in Basilan back in July 2002, the shooting of Aetas (an indigenous people) near Subic back in the eighties by US troops who claimed to have mistook them as wild boar, and countless human rights violations and sexual offenses against Filipino women.
Ellorin said in all of those cases, the Philippine government surrendered its criminal jurisdiction to the US. The soldiers, as protected by provisions under the Visiting Forces Agreement (VFA) are seldom surrendered to Philippine authorities much less tried under Philippine law.
"They are totally untouchable under US jurisdiction, despite crimes they can commit against Filipinos on Philippine soil. This means they can get away with anything from murder to gang rape, and not have to answer to the Philippine government," she said.
Foreign Secretary Alberto Romulo earlier said that he was "deeply concerned" about the allegations and that he would "support all efforts by our authorities to investigate, prosecute and try this case".
"The perpetrators of this heinous crime shall be brought to justice," Romulo said.
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