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thedrifter
11-14-06, 07:43 AM
Gov’t pressed to take custody of 4 US soldiers in Subic rape

By Tetch Torres
INQ7.net

Posted date: November 14, 2006

THE GOVERNMENT should press for the custody of the four US soldiers accused of raping a Filipina last year, former vice president Teofisto Guingona said Tuesday.

Guingona questioned why the government has not insisted on putting under its custody Lance Corporals Daniel Smith, Keith Silkwood, Dominic Duplantis; and Staff Sergeant Chad Carpentier and has not invoked, aside from the Visiting Forces Agreement, a 1999 circular from the Department of Justice.

The 1999 DoJ circular states that the Philippine government should take custody of foreigners who have committed an offense, which is “of particular importance to the country.”

The circular echoes Article 5 Paragraph 1-A of the VFA, which states that “Philippine authorities shall have jurisdiction over US Personnel with respect to offenses committed within the Philippines and punishable under the law of the Philippines.”

“Which family here in the Philippines would not consider rape as particular importance?” Guingona asked.

“The government should act now. The government has been negligent. I don’t know why this circular was never raised,” he added.

Guingona, together with former senator Leticia Ramos-Shahani and other groups, will have a “Walk for Nicole, Walk for Justice” on Saturday.

“Nicole” is a court-appointed pseudonym for the victim.

“The activity aims to bring together people from all walks of life, the ordinary Filipinos, personalities, religious advocates, and others in support of Nicole’s call for justice for herself, and for our nation,” Guingona said.

“This is not only a fight for Nicole but a fight to defend our sovereignty,” Guingona said.

The “Walk for Nicole, Walk for Justice” is part of a series of activities planned for the countdown on the scheduled promulgation of the rape case on November 27.

The four suspects are under the custody of the US embassy, more than a year after they have been accused of raping “Nicole” at the former American naval base of Subic in Olongapo City, Zambales province.

US authorities have also invoked the VFA as the basis for keeping the four US Marines, who were part of a contingent that staged military drills with Filipino troops this year.

The four Americans face up to 40 years in prison under Philippine laws if found guilty.

Ellie