Manila and Washington D..C. are now faced with their first potentially serious bilateral politico-military wrangle: the case of Lance Corporal Daniel Smith.
Since his conviction on rape charges several years ago, Smith has been ‘imprisoned’ in special quarters right in the U.S. Embassy Complex on Roxas Boulevard.
The Supreme Court has ruled that the custodial arrangements for Smith violate the RP-US Visiting Forces Agreement. The high court says the rape onvict must now be put inside a Philippine prison.
Quite interestingly, the Supreme Court decision directs the Philippine government “to negotiate” the implementation of its edict.
In a quick sequence there’s now news that the long pending automatic judicial review of Smith’s conviction has been assigned to a division of the Court of Appeals.
The U.S. Embassy says it has now transmitted the Philippine Supreme Court decision to Washington, meaning that the issue is right on the desk of State Secretary Hillary Clinton.
With Mrs. Clinton set to embark on her first trip this weekend it may just happen that Manila will be added to her itinerary to open a space to discuss Smith’s case.
The developments are taking place against the backdrop of the World Bank blacklisting of construction firms for alleged collusive practices.
Militant groups are certain to immediately set up protest actions on the highly sensitive case of Lance Corporal Daniel Smith which now runs parallel to the WB brouhaha.
Thoroughly interesting, and trying, days ahead in RP-US relations.
Popularity: 1% [?]
is there a legal argument to keep him in the embassy?
That’s where there’s a fly in the ointment, in amanner of speaking, because the SCORP decision talks about GRP negotiating the matter of Smith’s transfer to Philippine custody. There are even outragiouss MSM commentaries suggesting that Smith be ‘confined’ to St. Luke’s but levity aside it will really hinger on either sovereigns’ interpretation. The crux me thinks is as a convicted rapist with his conviction awaiting final disposition at the CA and then the SC, the Americans could very well argue the legal dispsition of Smith’s caused has not yet been exhausted.
Another point is how in the US,rape is not a heinous crime.
Will the GRP under GMA now use Smith as a bargaining chip to pressure Obama to relax his I-don’t-care-to-meet-GMA-unclench-your-fist stance?
So there.
Ding,
We have to ask why the appeals process should take so long. Why when it was all under the VFA terms the one year deadline was met (more or less)? The inefficiency of our courts certainly has something to do with it. I think it’s shameful SCoRP resorts to this when they ought to be expediting the resolution of the case so there are no hassles. It’s just a rape like the seven Filipino-on-Filipino rapes that occur daily on average 365 days a year!
Is it still possible that Daniel Smith will be exonerated of the crime for which he has been convicted by a lower court? Why is there an Appeals process at all if such possibility did not exist at this stage? There are at least two chances remaining. I claim he has not lost the presumption of innocence because it will take a SCoRP affirmation of both CA and RTC convictions before the burden of proof on the part of the prosecution has been discharged and is lifted.
Ding,
Why is it so important that the American rapist be put in jail but we have not heard a peep about the 365 x 7 mostly child rapists that have been reported and prosecuted just this past year? Is what he did, assuming he is finally convicted, more evil somehow than these 2000, of which we have not cared whit, nor the media? Is it because he is an American soldier and it is somehow important to some sense of national pride? I am aghast at the Lynch Mob that formed around this case.
DJB,
You’ve touched on one of the hard realities: our double standard of justice. We get our dander up when foreigners rape our our women but seem oblivious to Filipion-on-Filipino rape. Or are we?
Our courts are simply too clogged, methinks, apart from the reality that with poverty stalking the land anecdotal evidence points to the fact that those who fall into prostitution lose their virginity at the hands of relatives first.
In the slum urban and rural areas families live in one-room affairs were the teens sllep with the adults with privicy absent even for the woman.
Evelyn Ursua, lawyer of Nicole, tells the Inquirer today that
Hmmm, what does she mean I wonder, by “like any Filipino convict”? Is what she had in mind Romeo Jalosjos or Leo Echegarray?
I wonder if we are not in fact singling Mr. Smith out for “special treatment”?
DJB,
The point surfacing here in the public debate now heating up is the essence of what I posited in the main post: that Smith’s case is likely going to blow up into the big RP-US wrangle this early in the term of Barack Obama and his Secretary of State who ‘subbed’ for him in giving GMA an ear instead of an earful. Hillary characteristically extended an open palm of conspiratorial friendship sis=to-sister to GMA.
But the Smith case may now change this if the convicted rapist becomes a trump card for either side.
Syllogism #1
The Balikatan Anti-terrorism Exercises bring horny young American soldiers in contact with alluring young Filipino women.
A young American soldier has been convicted of raping an alluring young Filipina.
Ergo, we should ban the Balikatan exercises.
Syllogism #2
The Tourism Industry brings in horny old and young men from all over the world in contact with alluring young Filipino women.
Several rapes and even murders are attributable to tourists.
Ergo, we should ban the Tourism industry.
Salonga’s original petition reeks of politics having nothing to do with Nicole and Daniel Smith. I mean he questioned the detention of Smith in the US Embassy at the same time prayed that the SCoRP declare the VFA unconstitutional. What a blatant opportunism. I guess Nicole will never get Justice now since she will always be the Anti-VFA poster girl. Miss Anti-Imperialism for Life.
Spot on as always.
Hay naku DJB
Don’t give us more red herrings. The cases of child rapists have nothing to do with Smith’s case!
If the Americans want this convicted sexual abuser, then they can negotiate with the Republic of the Philippines that he spends the rest of his sentence in a US jail and not in an Embassy compound. Only political fugitives seek refuge in an embassy!
Now do you think it is quite pathetic that a sovereign Republic would have to negotiate a prisoner transfer to its territory for crimes committed in its jurisdiction?
Hahahahaha! St Luke’s a sort of Cathedral Heights Hanoi Hilton! I wonder what the Episcopal Church in the Philippines would make of that!
If that convicted Rapist would had committed his
rape in Saudi Arabia. His head would had been
cut off already.
The question here is: Who negotiated with the
deal to let foreign criminals do their crimes
here without us punishing them ?
The one who negotiated it for us, had Sold us down
to the River. Take him out and lynch him. Before
he will negotiate and sell us again.
Saudi-Arabia: the rapist’s head cut-off and the rape-victim is stoned to death. [Rape is not a commonly-reported event in Saudi Arabia.]
@mike H
hahaha! makes sense to me!
Guys,
Abangan how Smith will be a trump card of either side. BTW RAPE IS PRACTICALLY A NON-CRIME IN THE US.
I am not Pro Smith or Pro Nicole, but what I want to point out is true justice.
Well, many would disagree with me but I just hate hypocrisy. The rape law should only protect decent women who respect themselves. It’s hard to think that a girl, who is a prostitute by profession, will charge a man with rape. Her occupation is prone to abuse. If she doesn’t know it, well she is a hypocrite. Now if somebody forced her to be a prostitute, then he/ she should be jailed. Now these prideful rallyists’ who hates the US so much are bursting with anger. Most of them are communist who hates democracy.
The US has helped us in times we need them and I believe they will still help us in our future challenges.
Let’s give Smith proper justice. Nicole is a prostitute and nothing was destroyed with her because it’s already destroyed when Smith touch her in the first place. Now Smith is facing a harsh sentence. If he is a rapist, he would not get a prostitute !!!
Bruno,
I am also for true Justice. But I think raping a prostitute is against the law–even an evil, debased prostitute. What makes me mad though is how the Left is using Nicole as a Battering Ram against the VFA. And it is somehow psychologically important to them to make a living effigy of Uncle Sam out of Daniel Smith–and then to burn him in Muntinglupa. They really want to get rid of Balikatan because some of the training impacts the NPA directly and substantially. If Gabriela were really concerned about Rape, they would be demonstrating daily against the quota of seven rapes on average that occur–Filipino on usually young Filipino. Of the 2000 cases that year however, Daniel Smith was the only one with a political hook
Blackshama,
Okay I concede the point about the child rapists–it is irrelevant to the case of Smith even if it shows the inconsistency and true motives of Gabriela.
But let me address Smith’s case directly. I am not so sure certain things are so cut and dried.
First, Smith is a U.S. Citizen, a member of the US armed forces who was here under the auspices of a treaty (the VFA) on a training mission. He was 20 years old. He and his buddies got into a situation in a bar with a beautiful alluring girl. The Court says he raped her. I believe the Court.
But are Daniel Smith’s Constitutional rights under the US constitution suspended? Does the obligation of the US Government to enforce the legal and customary rights of its soldiers and citizens end where the Philippine jurisdiction begins. Does not the VFA represent a comprehensive statement of how such matters ought to be regarded?
If a Philippine soldier, say in Africa or the Middle East gets into trouble with the law, do we just as consistently stand up for the rights of the apprehending authorities to let us say, stone him to death or torture him or perform some other act forbidden by our own Constitution or customs?
Blackshama,
I guess what I was getting to was this: Does conviction of a crime in the Philippines condemn the American Daniel Smith to whatever gruesome and humiliating fate awaits him at the hands of the Lynch Mob. Is he now fair game for the white ass hole targeteers of Bilibid Prison? What if he is mauled, or killed in jail?
Do we have any obligation as a civilized people to uphold HIS human rights?
Can we guarantee his safety and security, and that of his organs and appendages, whilst in Philppine Jail.
When Gabriela claims he deserves to be treated like any Filipino criminal, do they mean Romeo Jalosjos or Leo Echegarray?
Is anything that happens to him in Bilibid okay then?
Indeed, can we guarantee the safety and security of any Filipino, his organs and appendages, whilst in jail, even if they have not been the subject of headlines, demonstrations and Supreme Court petitions calling him a rapist even if his conviction has not yet been confirmed by the Courts as required by our own Constitution?
Why would we not, as a sign of trust and friendship towards our ally, allow the convicted rapist to serve his term in US jail? Why keep him here, really? To give him a taste of how we treat Filipino convicts???
Best to get him out of our hair. It’ll cost millions to jail him anyway. And American justice is even more reliable and humane no?
Here’s one for us, the Vengeful and the Bloodthirsty:
And how will we feel if and when the headline next reads, DANIEL SMITH GANG-RAPED IN BILIBID PRISON?
Will we feel grand national pride then?
Look we could take bets:
How long before D.S. is devirginized by the OxO Sigue Sigue gang of Bilibid Boys with Gabriela amazonas egging them on with manifestos shrieking freedom from imperialism.
Watch it’ll be all over CNN together with the story of 50,000 juveniles mixed in with adults in Philippine jails.
We’ll be proud Filipinos then, will we??
When I heard about this news a couple years ago, I never stopped following the proceedings of the case since day one. After listening to the arguments from both sides on TV, there is no doubt in my mind whatsoever that Corporal Daniel Smith is INNOCENT. Clearly, Suzette Nicolas AKA “Nicole” was lying through her teeth big time. She was lying because the incident came out in the paper and that the whole world would know her ugly secrets. She was lying because of the embarassment she made of herself having dumped on a street naked with a condom hanging on her butt. She was lying because she wasn’t get paid in exchange for sex and she was lying because Daniel Smith ain’t gonna marry a prostitute like her and so goes the mother crying a river for her daughter’s misery. In the first place, who in her right mind would allow her two single daughters to go with a man she didn’t even know? worst, allow them to go with the man to a far away place like Olongapo? It makes one wonder if the mother is a prostitute herself? So seemed to me like in order to get even with Daniel Smith, “Nicole” the prostitute shouted to the whole world and made up a story that she was actually raped by the american guy… then… the drama began with the manipulators pouring in left and right. But who in her right mind would believe her story who’s TESTIMONIES and EVIDENCIES were full of INCONSISTENCIES coupled with a DRAMATIC yet SUSPICIOUS REACTIONS? I’ve been asking myself who would believe her side of the story and who else would believe that she is not a prostitute? She is obviuosly a prostitute and her actions speak for herself. Had she been a decent woman, these incident could not have happened but because she called for it, and she obviously wanted it, it was unfortunate what she got in return. If I were to suspect, politics played a big role on this case. Remember that the anti-American/opposition politicians are always out and would grab every inch of opportunity they get just to destroy the RP-US relationship under Gloria Arroyo as much as they could who’s evil purpose is to bring down the government completely. Bear in mind also, this alleged crime if there is any, happened in the Philippines where false witnesses’ and judges’ souls can easily be bought in millions by corrupt politicians in order to advance their hidden evil agenda and looked like they succeeded in some ways, but I do believe the truth of all these lies and make-up stories would come out and their accusation would backtrack them sooner or later. To me, this is not about true justice but rather this is justice for sale to the highest bidder which is and always been the case in the Philippine justice system and I’m pretty sure the US Embassy is pretty well aware of that and that after having witnessed how the proceedings of this case went, I’m sure based on what they heard, seen and observed, I know they know in their hearts that Daniel Smith is innocent and so do I. If there is anyone here that should be convicted of a crime, it should be the prostitute “Nicole” and the false witnesses for lying under oath. The US Embassy should never at any given time, give in to the demands of these corrupt individuals for Daniel Smith to be placed under the Philippine jurisdiction, otherwise, Daniel’s life would be in great danger, worst if he will be assassinated for the alleged crime he didn’t commit all because in the name of money. I mean c’mon this is Philippines where the lawmakers are the lawbreakers themselves and now they are asking the American government to respect the decision of their court? Give me a break!!!. Honestly and clearly, this is what I feel, Daniel Smith is a victim of lies and deceit from a country where everything is for sale including human souls and therefore should be freed as soon as possible. To Daniel Smith, God knows and we know in our hearts that you are innocent and that you will always be in our thoughts and prayers. The truth shall set you free!. To “Nicole” the prostitute, and to all the people who manipulated for the conviction of the innocent guy Daniel Smith, may your souls haunt you forever in hell. Justice for Daniel Smith!!!!
Atheena,
Your ‘revelations’ are news to me.
I mean your account is my first encounter with the rape victim’s ‘real’ name, grant ting that you have your own ‘details’ correct.
It leads me to wonder then, was the victim’s ‘profession’ ever raised by the defendant and his attorneys?
Following your line of reasoning without conceding, the ‘unpaid whore’ could still cry rape, I will submit.
Let me draw a parallel just for purposes of discussion, Jack the Ripper’s victims were prostitutes, right? Does that make them non-victims?
Further, in the concept of ‘marital rape’ the absent of consent, of consensual rape is the cornerstone.
Extentdng the matter will we take it that rape victims who get impregnated cannot sue their rapists because they ‘came’ and ‘contributed to the union’?
Illuminate me please?
ding g: you miss atheena’s major point. In two words — consensual sex.
UPN,
Interesting point you attempt to make. You know how ‘date rapes’ happen?
To make myself clear: The victim is now blameless. But are you saying since she was a prostitute she deserved the fate that befell her from GIs on their R&R?
Got a sister?
I also thought that there was no rape in that the victim consented to having sex. What she never consented to was being treated like that — humiliated and debased as a human being. That was a crime Smith should pay for. It wasnt rape per se, but some sort of slander by deed (if there is such a thing). But that’s all water under the bridge now amd Smith was convicted of rape. Let’s move on.
Jeg,
You say “…humiliated and debased as a human being.”
So if not rape,Smith should be punished for jaywalking?
I pose the same question: you have a sister?
she was so drunk she was beyond consenting or not consenting, and smith knew it. that was rape.
I have a sister, Ding. If not rape, I dont know what he punished for. A lawyer would know, I suppose.
Angela, that’s an interesting point and nice nuance for lawyers.
In any case, Smith has been convicted of rape. We really need to move on. RP-US relations etc.
Move on?
Perhaps, Jeg, given the igninities we have grown used to accept?
But without self respect as a people as mirrored in what we allow our compatriots to suffer, what is left?
Indignities? I can only echo DJB. Why is rape by a Yank different from rape by a Pinoy?
Move on with the topic, I meant. RP-US relations. Smith has been convicted so case closed. We can’t re-try the case anymore.
Huh? I didn’t hear anyone propose retrial. Did you?
Go to the SCORP ruling bro.
Ding, dont be too literal. That’s what Athena was doing. A ‘retrial’ via comment section.
Being literal is not the point. It is about us coming to terms with what that US GI did.Zooming out, the reality is in the sphere of RP-US relations, the very nature of the VFA as a Trety in the eyes of GRP while not on the parts of the US is THE ISSUE THAT MUST BE REEXAMINED.
Ding,
He should be punished for his crime if and when he is finally convicted. But that does not mean he should be used for political purposes. That is not part of the punishment, nor of Justice.
If we insist on keeping him here, something will surely happen that Justice won’t be done. Either he will get special treatment and the Left will rejoice at the continuing reason for them to demonstrate, or he will get the wrong kind of treatment and the Americans will have to do something to secure his human and Constitutional rights under the US constitution.
Why do we want that trouble if we can be assured that Justice will be done, that he will serve his time in jail. Is it essential to some aspect of justice that he be punished “like a Filipino convict?”
I guess what I am asking is, do you believe that the chances of Justice being done FOR NICOLE and ON SMITH is greater if he is imprisoned here than in the United States?
DING,
You must review the Supreme Court decision upholding the VFA. It is most certainly not true that the US does not consider the VFA a treaty. It so happens that the US Constitution does not require the US Senate to ratify status of forces agreements entered into by its President. Ours does. It is not true that the US considers this agreement “less binding” on them somehow than the Philippines does. Or that it is not bound to it in exactly the same way we are: an agreement between two sovereign nations approved in the exact manner required by their two separate Constitutions. There is a great misconception being peddled mainly by the left that somehow this is not a treaty in American eyes. It is explained in excruciating detail by SCoRP. It is part of the claim that we have an unequal relationship. Our two countries may be unequal in size and wealth, but my understanding is that the US is bound to this treaty just as strictly as we are.
You are correct DJB. I was actually referring to the point made by the dissenting justices relative to the unconstitutionality of the VFA.
Up and until a future SCORP revetrses itself, the 9-4 vote stands.
Finally, the truth came out! Too bad many fools were fooled by the prostitute Suzete Nicolas aka Nicol including you Ding!
Maila,
Your judgment is misplaced.
Believing that someone, anyone, deserves to be supported in seeking justice is not about being a fool.
It’s about believing in justice as being paramount.
Now tell me, where in previous threads, unless I missed any, have you expressed any position on the issue? How did you suddenly discover your ‘wisdom?
single_father,
You sound like Renata Pacifica. Are you sure you are not her alter ego?
OK, let’s start the the cyber-bullying, punk!
single_father,
I have to advise you we have comment guidelines here at FV. Be forewarned.
We respect your view but you can argue your point on reason.
Just recently that Pacifico character was the first ever to be moderated out of FV permanently.
If you care to follow his footsteps you are welcome.
Now on your assertion of there being “no justice in the Philippines,” the fight to win justice here, or anywhere, is a continuing battle.
Put the shoe on your foot.
If Nicole was your daughter would YOU have not sought justice for her? What would you have done?
Become Smith’s judge, jury, and executioner?
Argue the point if you have the will or stamina.