So it has come to pass that an American Marine convicted of raping a Filipina has had the lower court’s adverse finding reversed.
Presaging the decision the Filipina recanted her story around which her compatriots had rallied in exchange for a fiancé visa and the chance to begin a new life.
Suzette Sombilon Nicolas is just 25 summers young so anyone can surely grant it to her to now “realized” that she wasn’t really raped, that in a “drunken romantic episode” she had willingly surrendered her virtue.
It no longer matters now that from a strict legal perspective Suzette never affirmed her recantation and t also no longer matters that it was technically not entered into the record as new evidence warranting a case’s retrial.
Justice operates on the principle that an accused must be convicted beyond reasonable doubt. It also no longer matter here because all that has transpired, I submit humbly, defies reason.
There are even those seemingly gloating and asserting that with Daniel Smith now also going back home with his record wiped clean that the interests of justice have been served.
Yes, justice as indubitably governed, nay, colored by the reality of a long-existing unequal relationship between a past colonial master and its Third World ‘ally in the war on terror’.
So be it.
Just now trying to banish the thought that we’ve been had.
Popularity: 1% [?]
Judgments by lower courts go – either way.
Judgments by Court of Appeals – the same.
Crime or no crime – one either jails or walks free.
Victim or villain in either Suzette or Daniel – life must move on.
Let them be. Blind lady Justice has spoken and it must be the truth.
bakit injustice ding? wasn't there a hearing? wasn't there due process? dahil nai-reverse ang original decision, injustice na? if so, why have an appeals system if we don't want any decision to be overturned?
Yes Gabby there was a hearing. But the 'operators' were also 'busy'.[youtube 24tv3oXcEcs http://www.youtube.com/watch?v=24tv3oXcEcs youtube]
ikaw ang gumagawa ng mga video mo?
the text is kinds hard to read, the way its laid out.
may i recommend looking at the wealth of info online about how to best layout a powerpoint presentation?
actually, benign0's layout are decent, you may start there.
better yet, this is interesting, a study in contrasts on presentations, Microsoft vs apple:
http://presentationzen.blogs.com/presentationzen/...
We've been had.
Wasn't that the lament of a few bloggers and salaried journalists several months after metro-Manila residents successfully surged the Malacanang gates with EDSA Dos?
Smith and Smith were BOTH used by Gabriela, Pozon, Hontiveros, Madrigal, Ursua, Legarda, etc., for their own POLITICAL and CAREER aspirations.
Smith was USED as an effigy of the US by anti-Americans in the Philippines.
Good summary, Meeh.
Give those anti-Americans a U.S. Visa and off they go ….. HYPOCRITES!!!!!
Smith faces court-martial in the U.S. – Inquirer.net
It's how justice works in America….He'll be acquitted there, too. Because Nicole in her affidavit says there was never rape but consensual sex …
Eat your hearts out anti-Americans …
Daniel Smith is an Acquited Rapist. Nicole has seen the case as an opportunity to bargain for a Green Card
in the U.S. GMA was pressured by the U.S. for an acquital of the case, that will be acceptable to the people.
We got a true Telenovela. The end, Nicole lives happily ever after in the U.S. Smith flew away back to the
U.S. The Guardian of Filipino Virtues were left with empty bags and bruised egoes.
Smith clandestinely left FlipLand even his lawyers was in a fog, so did Nicole. Pekeng-peryodistas cannot even pinpoint what commercial airline Nicole left in nor did they know if she left in an Air Farce One.
Hush-hush-clanedestine departure. So are the biohazard specialist houseslaves of Failon are gone with the wind off to never-never land in Pentagon … now they are looking for 3 unidentified persons … HA!HA!HA!HA!
The basis of the CA's decision was "'Romantic episode', not rape, says CA…
Poor Smith! He's a victim of Philippine vendetta! Poor hapless victim.
Filipinos should be ashamed of themselves for having doubted the innocence, the integrity, the virtues of Smith. Filipinos should bow their heads in shame. They should all say how sorry they are and to pay for their sins, they should build a monument in honour of the victimised US Marines extolling his virtues and by extension the greatness, the fairness, the righteousness of Uncle Sam and his merry Marines.
How dare Filipinos blacken Smith's honour! How dare!
At the end of the day this was just another episode in the game of real politik.
Thrree Filipina judges reviewed the merits of the case, found that a trial judge had erred, and the three Filipina judges rendered "NOT GUILTY": Mentioned in the Inquirer is this :
The court said: “No evidence was introduced to show force, threat and intimidation applied by the accused upon Nicole even as prosecution vainly tried to highlight her supposed intoxication and alleged unconsciousness at the time of the sexual act.”
Side-topic: Pay attention to the news about influenza.
And stay away from hospitals.
http://news.yahoo.com/s/ap/20090424/ap_on_he_me/m...
Philippine justice system catches the virus of pragmatism.
It is left with no other option but to not-to-disturb the VFA. it must cut clean.
Thus, even if an RTC court finds Daniel (in a rape case) – by conviction – guilty, as soon as the ball is in another court (CA), the latter can run its own course – reverse a lower court decision.
Everything appears legal, no corners were cut, no square pegs in round holes. If we as much as still trust our own justice system, then subscribe to its wisdom despite our chronic if mistaken worldviews based largely on how Old Media has presented the whole scheme and scene with patronizing bias.
Hay!
Blame game again!
Nope. What I am pointing to is the other way around. Please carefully bite it.
oversimplication. connecting a "rape" case on a VF agreement. and why would a court "disturb" a VF agreement when the issue in the court is whether there was rape or not? as i said, good english is not a substitute for good argument. there is a canyon of difference between the two.
Finally!
This case should NOT even go to trial in the first place.
The Regional Trial Court who convicted Smith in 2006, Judge Pozon, was PRESSURED by media and anti-Americans to give the guilty verdict on smith eventhough all the facts presented to court did NOT show any rape at all.
No Blood Alcohol Content or BAC was even done on Suzette to see how much alcohol she had in her body.
There is NO jury duty in the Philippines.
Only the Judge decides on the case in the lower or Regional Trial Court.
There is Jury of Justices in the Court of Appeals there and they were the ones who acquitted Smith.
Suzette and Smith were BOTH used by the leftists in the Philippines (Gabriela, Bayan Muna, lawyer Ursua, politicians Hontiveros, Madridal, Legarda, etc.) for their POLITICAL and career aspirations.
They did NOT really care about either of them but they saw an OPPORTUNITY and Smith was USED as an effigy of the US.
Suzette has been wanting to come to the US since she was a kid… just like almost everybody in the Philippines so she made up her story.
"Suzette has been wanting to come to the US…" All Anti-American Flipasses wanted to go to America. So are the religious anti-atheists would rather go to America that has 1,000 religion than stay in here with state sponsored religion.
Waaaa! Hold it right there, Meeh! FlipLand has no JURY in your American mind? We have Jury Duty! Pekeng-peryodista give us blow-by-biased-blow in pekeng-peryodiko and we Flipazzes teks our guilty-or-not-guilty over our cellphyones. IF NOT WE MARTSA THRU EDSA!!!!! THAT'S JURY DUTY FOR YOU!!!!!
Dude, you spent so much time in America that your only source is WoWoWieee, TFC, Balita, Philippine Journal, Radyo baktas … YOU DON'T KNOW FLIPLAND THATN I DO!
Some of Ambassador Kenney's recent remarks:
Asked if the US was ready to undertake a review of the VFA, Kenney said there were VFA-related cases pending in the Supreme Court and the US was awaiting their outcome.
“You know, throughout this process, we've been in constant dialogue on all issues. We're friends and allies, and sovereign nations as well, and we're always looking at how we can work together better,” she said.
Either way we look at this case, the justice I have seen and experienced so far in the Philippines is very unfair. Either you have relatives or money, or you have nothing because the Constitution, even though it is good, it seems our voices are never heard.
Either the guy being guilty or the lady this case, by how it went about, it was stupid.
I know of a simple American who encountered mistreatment by one of the people of our country all because of one of his people being tried for a crime he might of never commuted.
Our Ombudsman
Our Immigrations
Our Presidents who serve our country
These government offices, plus others, need to be held accountable and respect the very Constitution we have which is there for the people, by the people and to protect the people from those in higher offices who are in office to serve not to be served.
We need to restored respect towards our Constitution for it is not the constitution that must change, like Gloria once tried to do in her cha cha, it is the people who must abide by the Constitution including those in office
“…including those in office” are the people who need to abide by the constitution as well is what i meant in my last comment.