A lawyers’ group has denounced the Philippine government for “lawyering for a foreign government” on the transfer of convicted rapist L/Cpl. Daniel Smith of the US Marines to Philippine prison facilities.
BY ALEXANDER MARTIN REMOLLINO
Bulatlat
A lawyers’ group has denounced the Philippine government for “lawyering for a foreign government” on the transfer of convicted rapist L/Cpl. Daniel Smith of the US Marines to Philippine prison facilities.
According to the National Union of People’s Lawyers (NUPL), the positions of Justice Secretary Raul Gonzalez and Executive Secretary Eduardo Ermita regarding the issue of custody of L/Cpl. Daniel Smith of the US Marines make negotiations with the US government impossible.
The Makati City Regional Trial Court, in early December 2006, convicted Smith – a participant in the Balikatan military exercises – of raping a Filipina in Subic, Zambales and ordered his confinement at the Makati City Jail pending his imprisonment at the National Bilibid Prison (NBP) in Muntinlupa City. However, on Dec. 29, 2006, he was transferred to a detention facility at the US Embassy in Manila under what is now known as the Romulo-Kenney Agreement.
On Feb. 11, the Supreme Court ruled that the Romulo-Kenney Agreement is not in accordance with the Visiting Forces Agreement (VFA).
The justices who voted against Smith’s detention at the US Embassy while at the same time affirming the VFA as constitutional were Associate Justices Adolfo Azcuna, Leonardo Quisumbing, Consuelo Ynares-Santiago, Renato Corona, Dante Tinga, Minita Chico-Nazario, Presbitero Velasco, Teresita Leonardo-de Castro, and Arturo Brion.
Chief Justice Reynato Puno and Associate Justice Antonio Carpio filed dissenting opinions declaring the VFA as unconstitutional. They were joined by Associate Justices Ma. Alicia Austria-Martinez and Conchita Carpio-Morales.
Meanwhile, Associate Justices Antonio Eduardo Nachura and Diosdado Peralta inhibited themselves.
The Supreme Court also ordered the Department of Foreign Affairs (DFA) to begin negotiations for Smith’s transfer to a “mutually acceptable” facility.
Passed by the Philippine Senate and signed by then-President Joseph Estrada in 1999, the VFA among other things grants extra-territorial and extra-judicial “rights” to US servicemen visiting the Philippines for “military exercises”.
