What’s really at stake in Subic rape case

[thedrifter]

‘‘The trouble with Secretary Gonzalez is that he talks too much. If he were a boxer, he is telegraphing his punches. Or he thinks that he can bully everybody including the USA.’

What’s really at stake in Subic rape case
Malaya

Let as not lose sight of what really is at stake in the alleged rape case filed against four US Marines who were accused of raping a 22 year old Filipina in Subic is our dignity and integrity as a sovereign state.

Under the Visiting Forces Agreement, the Philippines has only one year to dispose of rape and other criminal cases filed against members of visiting US forces After that, the criminal case is automatically deemed ended and the accused are presumed innocent. The prosecutors should prosecute the case speedily. They should not be concerned with diversionary tactics expected to be employed by defense lawyers.

After showing a cold attitude against the transfer of custody of the four US Marines accused of raping a 22–year old Filipina in Subic, Justice Secretary Raul Gonzalez suddenly made a 180–degree turn–around and demanded Philippine custody of the US servicemen. What made him change his mind? Was it because Malacañang, through Executive Secretary Eduardo Ermita, said that if the US denies the Philippine request for custody of the four US soldiers, the Philippines would invoke a provision of the Visiting Forces Agreement which says that, Philippines can request for the transfer of custody of US military personnel charged with a crime "in extraordinary cases?" Gonzalez had no choice but to support the Palace stand.

Raul Gonzales even suggested the recall of Ambassador Albert del Rosario or declare US charge d’affaires Paul Jones as persona non grata to compel the American government to hand over the four US Marines charged with raping a Filipina last Nov. 1. He even said that the Philippines could elevate the case to the International Court of Justice should the US government refuse the Philippine request for custody of the four US Marines. The trouble with Secretary Gonzalez is that he talks too much. If he were a boxer, he is telegraphing his punches. Or he thinks that he can bully everybody including the USA.

So now, the Catholic Bishops Conference of the Philippines will not just speak out on political issues unless called to do so by its plenary council, according to CBCP president Angel Lagdameo. Actually, this not a new policy. Individual members of the CBCP speak out their views on anything under the sun, including politics. The Cardinal Jaime Sin actively indulged in political issues without using the name of the CBCP. And so has Archbishop Oscar Cruz, former president of CBCP. If the CBCP refuses to be politicized some members of the organization are actively involved in political issues.

After spending time with their families, balikbayans and overseas Filipinos are again leaving. And for this, NAIA officials gave a wise advice and that is to keep small send–off parties comprising of family members and friends who unnecessarily add to the congestion at the Ninoy Aquino International Airport. The greater the congestion, the increased security problems. Less send–off parties, less tears.

A SWS survey says 85 percent of our people would rather hope than fear the new year. This shows the innate character of a happy people, proven by another international survey which says Filipinos are the sixth happiest people in the world. As the prices of goods and services continue to rise, it is good to think that we can always afford one commodity in life, hope.

Chairman Abalos counters to remind the Con-Com that the Comelec just recently administered successful and credible ARMM elections. On the issue of automation, he noted that there would be no need for additional automation budget if the Comelec would only be allowed to use the counting machines acquired by the commission. To assess the situation, we believe that in spite of the Garci issue, Comelec remains a credible and capable agency to administer elections. The secret which shrouds a commissioner should not becloud the institutional integrity and capability of a whole commission.

He teaches in a Manila public high school, but due to the cost of living in the city today, his take-home pay is a measly P3,000 a month. Being a bread winner, Melchor Cayabyab has become a frequent client of loan agencies even as he foresees more difficult times ahead in 2006. Melchor represents the nearly half-a-million public school teachers who have started to express their renewed demand for unpaid cost of living allowances (Cola) a day after the opening of the New Year.

With the Partido ng Manggagawa as the lead association, the teachers have issued a statement that demand the payment by government of their Cola that has been unlawfuly denied them for more than 16 years. In addition, they seek the passage of House Bill No. 3004 which will upgrade their job grades and salaries. If 2005 was a tough year for public educators, the new year should give them a breathing space.

We look forward to the 10th International Conference on Austronesian Linguistics in Palawan on January 17-20. Our interest comes from the fact that the conference will present a rich resource of thoughts and studies on some 1,268 languages in Southeast Asia and the Pacific including more than 160 known languages in the Philippines. Yes, the Philippines has a very rich resource for scholars who want to study language. Of particular interest are the Itnag and Aeta languages which are considered endangered because of the dwindling number of people who speak them.

Hopefully, the inherent richness of Philippine languages and dialects continue to attract scholars, both foreign and local, giving focus to the ability among Filipinos to learn foreign languages much like our own national hero and polyglot Dr. Jose Rizal. More power to the Summer Institute of Linguistics (SIL) Philippines which is coordinating this conference. For those interested to learn more about the SIL activity, call 741-7416.

Quotable quotes from the late Teodoro "Ka Doroy" F. Valencia’s Over a Cup of Coffee. "Our politics has always been built around personalities, never around objectives or principles. The practice dates back to the early days of our political awakening. Even during the revolution, factions were formed around personalities. In pre-war politics, Quezon and Osmena and others carried their parties in their hip pocket. They changed party stands or form new groupings on personal whims." – April 12, 1971

"It is very interesting to observe that our politicians don’t even blink before hurling the most serious accusations against government officials or their political enemies. Nobody in this country has never been held accountable for mouthing the most atrocious lies. The same people who lied in the past are still taken seriously any time they have a new canard." – May 26,1971

Do you know that the Philippines is now one of the world’s hotspots for mail-order brides along with Eastern Europe and Russia? In 1990, the Philippines passed an Anti-Mail Order Bride Law, revising the same law in 2003 to ban e-email order brides. A case when a law seems not to be working.

Email address: jesssison_2000@yahoo.com

Ellie

[thedrifter]

DOJ: One-year clock on rape case starts ticking on arraignment
Malaya

JUSTICE Secretary Raul Gonzalez yesterday said any delay in the arraignment of four accused US Marines in the Subic rape case by reason of their non-appearance would not be covered by the one-year trial deadline set by the RP-US Visiting Forces Agreement.

"Please be informed that under the VFA, the one-year period within which the judicial proceedings of the rape case against the US servicemen is to be reckoned from the time of their arraignment and shall not include the period of preliminary investigation," he said in a memo to Olongapo Prosecutor Prudencio Jalandoni.

Gonzalez said the one-year period shall not include the time for appeal of whatever judgment will come from the lower court.

"Neither shall it include any time during which scheduled trial procedures are delayed because the US authorities, after timely notification by Philippine authorities to arrange for the presence of the accused, fail to do so," he said.

Gonzalez also told Jalandoni that the court may assert its authority to transfer the custody of the accused to the Philippine government even despite a provision in the VFA which gives the sole right to take custody to the American government.

Defense lawyers have said they will invoke provisions in the agreement where US will have custody over the accused until the court announces a verdict.

This further triggered fears that the accused American soldiers might not show up in the arraignment at the sala of Judge Renato Dilag of Olongapo RTC branch 73.

Charged with raping a 22-year-old Filipina last Nov. 1 at the Subic Bay Freeport were Daniel Smith, Keith Silkwood, Chad Carpentier and Dominic Duplantis.

Dilag is set to issue a warrant against the accused anytime this week.

Foreign Affairs Secretary Alberto Romulo will ask US State Secretary Condoleezza Rice to grant the Philippine government’s request for the custody of the four when he flies to Washington on Jan. 17.

"There is pressure from the government to have custody over the US soldiers. The secretary will definitely take it up with Secretary Rice," a source said.

Romulo is expected to meet Rice in Washington D.C. He will stay in the US until Jan. 22.

The Philippine government sent a note verbale to the US embassy on Nov. 16 requesting custody of the accused. Washington has yet to give its reply.

The source said Romulo will cite the "extraordinary nature" of the case which requires US officials to turn over suspects of "especially heinous crimes" such as rape or murder.

Under the VFA, the US will retain custody of its military personnel accused of wrongdoing unless the Philippine government requests otherwise.

There is however a provision in the VFA where the US can refuse such a request, drawing criticism from Philippine lawmakers who said the provision infringes on national sovereignty.

Aside from the rape case, the two officials will also discuss terrorism and other security issues.

Romulo will also brief Rice on the political situation in the Philippines and update her on the peace process with the secessionist Moro Islamic Liberation Front. – Evangeline de Vera and Marilou Jumilla

Ellie