The Supreme Court of the Philippines (SCoRP) recently produced three written Decisions on the custody case of Lance Corporal Daniel Smith: a 9-4 Majority Decision by Justice Rodolfo Azcuna; and two Dissenting Opinions by Chief Justice Reynato Puno and Associate Justice Antonio Carpio. In the Majority Decision, Lance Corporal Daniel Smith is invariably referred to as “Respondent”. Chief Justice Puno also uses the term “Respondent” while Justice Carpio uses the term “the Accused Lance Cpl. Daniel Smith”. Nowhere in any of these written rulings is the term “convicted rapist” ever applied to Daniel Smith. I think it is unethical for journalists and bloggers to use this term because it unfairly and unjustly precludes the distinct possibility of acquittal on appeal. Moreover it violates the Code of Ethics published by the National Union of Journalists of the Philippines, where we find:
I. I shall scrupulously report and interpret the news, taking care not to suppress essential facts nor to distort the truth by omission or improper emphasis. I recognize the duty to air the other side and the duty to correct substantive errors promptly.
VII. I shall not, in any manner, ridicule, cast aspersions on, or degrade any person by reason of sex, creed, religious belief, political conviction, cultural and ethnic origin.
VIII. I shall presume persons accused of crime of being innocent until proven otherwise. I shall exercise caution in publishing names of minors and women involved in criminal cases so that they may not unjustly lose their standing in society.
Notice that in Rule VIII, the matter of publishing names of minors and women was scrupulously followed by most people. To this day, despite the publication of her true identity by RTC Judge Benjamin Pozon, most people know the alleged victim of the crime only as “Nicole.” This is but right and proper.
However, it is entirely undignified and lacking in self-respect that the same reporters and commentators blithely use the term “convicted rapist” on Daniel Smith. I suppose this is entirely understandable since the Regional Trial Court of Makati did find him guilty of rape beyond a reasonable doubt.
However, that does not make him a convicted rapist, yet. For after the one RTC judge, at least three out of five more justice of the Court of Appeals must agree that he is guilty as charged beyond a reasonable doubt. Assuming that happens, then at least a majority, 8 out of 15 of the Supreme Court en banc must likewise agree to both verdicts of the lower courts, upon the same quantume of evidence and moral certainty. Then and only then will Daniel Smith’s PRESUMPTION OF INNOCENCE be entirely overcome and his conviction and sentence become final and executory.
I see this system of three levels of Courts and Judges as a kind of “Jury System” in a way, in which 1+5+15 or 20 judges are the “jurors”. All three courts must vote “unanimously” on his guilt. Just like a bill does not pass into law in the Congress unless both House and Senate approve of it, a person accused of a capital crime in the Philippines is not CONVICTED of that crime until RTC, CA and SCORP agree on that guilt.
It is therefore UNETHICAL to be calling Daniel Smith a convicted rapist at this stage.
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The convicted man convicted of rape is trying to get his conviction reversed.
He is a convicted felon trying to reverse his conviction.
No amount of literary contortions can alter that legal fact.
Pending the result of his appeal versus his conviction he is at present being incarcerated based on the agreement between the U.S. and the Philippines…
Pure literary nonsense from DJB.
Ok let me recall one principle you averred to soetime back that the case of Daniel, Papa-ble as he is, is akin, i the Philippine sphere to our judges and higher court justices sitting as a jury convened.
But wait. in your mainland, there are separate juries at lower circuit courts then the cases are elevated, if appealed, to federal district courts, the state appellate and state supreme courts… blab blag blah…
So are you opining that our two systems are mirrors of each other?
Nakakahelo la ha :)
why do i think you are a frustrated justice, huh djb. sorry, you have to be admitted to the bar (not a bar you go for a drink) first, after getting a law degree. you see, no one gets to be a “justice” for sheer verbose pomposity.
“verbose pomposity”
A gem of a keeper Atty, Ben.
aren’t we being too harsh?
i think DJBs arguments are clear… none of the arguments so far refute his research and analysis…
however, what is NOT clear is what to call this person in this stage of the process… it seems that at least 1 justice has set out the standard of what to call this person (justice fernando).
great research!
but isn’t it also possible that other justices have defined it differently?
lastly, there is the issue of practical relevance. We all KNOW what the word CONVICTED means, and that definition includes the possibility of overturning it in the future.
as long as we all agree about the DEFINITION of words, we should all be fine…
Bencard, These are some of the nicest things you’ve ever said to me, even if that Ding is such a sourpuss.
J_AG: You claim that the appeals stage is where the accused must “overturn his conviction”. Are you saying that the Burden of Proof has shifted in the appeals stage to the Accused to prove his innocence?
And thanks GabbyD, I hope to raise the level of the discussion even further as follows:
I would like to test the idea that Daniel Smith has already lost what we call “the presumption of innocence” — a thing which is specifically mentioned in the Journalist Code of Ethics.
You see, if we could decide, by reasoned debate whether or not this is true, we could decide if the title of my post–and its implicit accusation against media and bloggers–is true or not.
Is it TRUE or FALSE that Daniel Smith has lost the presumption of innocence?
May I suggest that one practical consequence of a YES answer is that the BURDEN OF PROOF that is assigned to the Prosecution during the Trial Phase of the Judicial Proceedings against the accused Daniel Smith HAS SHIFTED to the Defense.
If you believe that the accused Daniel Smith is no longer presumed to be innocent of the charges because the Trial Judge found him guilty beyond a reasonable doubt of rape, then clearly in the Appeal Stage the burden is upon the Defense to prove his innocence within a reasonable doubt, either by refuting some detail in the trial or or some point of law when Pozon came to his decision.
But have you ever heard of such a thing in any case in the past? Have you ever heard of the burden of proof ever being on the defense to prove the accused innocent?
The reason is there is no such shift in the Burden! Even at the appellate stage, as Fernando says,
Folks,
I just can’t believe that we can blithely ignore the exact words of Judge Benjamin Pozon himself, after having pronounced Daniel Smith guilty beyond a reasonable doubt, still refers to him several times in his Decision as “the accused Daniel Smith”. Even where he is talking about custody and detention clearly while on appeal, Judge Pozon uses the term “the accused Daniel Smith” at least four times.
He never, ever says, “the convicted rapist” Daniel Smith.
This pure EPITHET, also banned by a Rule in the Code of Ethics.
We shouldn’t either if we subscribe to the Code of Ethics of Journalists. Though that won’t stop some people from doing it anyway, it doesn’t stop some us from thinking that is most unfair and perhaps it will only come clear when the Shoe Is On The Other Foot, some day.
Ding,
No. pardoning Daniel Smith would be political suicide. It’s insulting to suggest that somehow the Americans would give her plaudits for that.
Your crystal ball may be clouded by the need for a Deus Ex Machina argument that we shall be VICTIMIZED once more by this unequal relationship with America, no matter what.
But that is only if we continue to confound the rape of Nicole with the rape of the Filipinos.
Ok Dean,
I grant your calling me a sourpuss :)
But I brought forward the pardon scenario given the Estrada episode.
I would rather make this point lest you refer to me in derision and tag me as being pussilanimous.
By the way, is it all too unthinkable for you that something positive will emerge from this public wrangling over L’Affaire Saniel Smith, as in a proper ‘updating’ of the MDT in tune with the times?
Won’t RP-US relations be the ultimate beneficiary?
It is therefore NOT UNETHICAL to be calling Daniel Smith a convicted rapist at this stage.
Nicolas vs. Romulo. Yes, the 3rd of such ruling affirming constitutionality of the VFA. What about?
kp,
2nd rling.
Daniel Smith is a Convicted Consensual Sex
Enforcer Offender. The term, I think satisfies
all.
He enforced the Filipina to have consensual sex
with him. Not a rapist.
Hope they will increase our U.S. Aid…
Timoteo Kulog, Ding, MB,
The topic of this post is not purely legal. In fact it is really about Journalism and the Law, and how the Ethics of one ought to inform the ethics of the other.
It is unethical to call Daniel Smith a convicted rapist, only if you consider yourself an adherent of the Journalists Code of Ethics, which at this time, is a nonbinding piece of self-affirming tripe, unless real Journalists give it life and abide by it. The use of the term is a gratuitous epithet and using it violates the Presumption of innocence that the accused appellant evidently is accorded by the courts.
Then when stuff like RORB comes along, these unethical practitioners of the honorable profession of Journalism will cry foul. That their freedom to act unethically is being violated.
They are free to do so under our system. More’s the pity.
Ding,
First, Bayan vs. Zamora (2000)
Second, Lim vs. Executive Secretary (2002)
Third, Nicolas vs. Romulo
I would stand corrected if it were only 3rd were only the 2nd.
Ok, kp.
Thanks for indicating the 2002 ruling. will look at that. I’m in your debt.
I stand correctede, sir
Rule VIII of the Code of Ethics published by the National Union of Journalists of the Philippines is said to have been violated were journalists or broadcasters label Daniel Smith as ‘convicted rapist”.
Why?
Let us quote Rule VIII – “I shall presume persons accused of crime of being innocent until proven otherwise. I shall exercise caution in publishing names of minors and women involved in criminal cases so that they may not unjustly lose their standing in society.”
This is where the problem lies. By his (DJB’s) own submission, the RTC of Makati City has found Daniel Smith guilty of rape beyond reasonable doubt.
By logic and necessity, a journalist, if he cannot call Daniel Smith a convicted rapist, could neither presume that person as innocent especially when the contrary has already proved.
Thus, in which part of the linguistic equation are we then to stand here, pray tell?
If the woman in the first place did not open her legs then it won’t happen. She definitely knows what she’s doing that’s why now she is there in the U.S. enjoying.
I am a Filipina and proud of it, I am currently in a very happy relationship with a Scottish Man. I am blessed with a great man that’s not prejudice and is respectful.
There’s nothing wrong with interracial relationship. It’s a matter of being true to yourself. In the first place if the man met you as a professional and is working there’s no point that you will not get any respect right.
Yes, Philippines are you say is a 3rd world country, full of corruption and poverty, but it does not mean that we do not deserve some respect.
To everyone, Relax and Chill! World Peace.
“”To continually move from our foundation toward success, we must have more than perseverance– We must have the RIGHT PERCEPTION OF FAILURE.” “You need to be inspired at your core”"
Positivemind
Join the community
Calamba, Philippines
5 min ago
If the woman in the first place did not open her legs then it won’t happen. She definitely knows what she’s doing that’s why now she is there in the U.S. enjoying.
I am a Filipina and proud of it, I am currently in a very happy relationship with a Scottish Man. I am blessed with a great man, no prejudice and is respectful.
This kind of problem has been there for a very very long time, decades ago.
Would it be nice to discuss a more sensible things.
There’s nothing wrong with inter-racial relationship. It’s a matter of being true to yourself. In the first place if the man met you as a professional and is working there’s no point that you will not get any respect right.
Yes, Philippines as you say is a 3rd world country, full of corruption and poverty, but it does not mean that we do not deserve some respect. We are all created EQUAL. ALL HUMANS.(except if one claims he’s an Alien. Lol.
To everyone, Relax and Chill! World Peace.
“”To continually move from our foundation toward success, we must have more than perseverance– We must have the RIGHT PERCEPTION OF FAILURE.” “You need to be inspired at your core”"
Positivemind
Join the community
Calamba, Philippines
1 min ago
If the woman in the first place did not open her legs then it won’t happen. She definitely knows what she’s doing that’s why now she is there in the U.S. enjoying.
For those who are against inter-racial relationship, think again. I am a Filipina and proud of it, I am currently in a very happy relationship with a Scottish Man. I am blessed with a great man, no prejudice but acceptance.
This kind of problem of Nicole is been there for a very very long time, decades ago..everybody knows it.
Would it be nice to discuss a more sensible things.
There’s nothing wrong with inter-racial relationship. It’s a matter of being true to yourself. In the first place if the man met you as a professional and educated (meaning not going to have a relationship with foreigners for US visa or just to go out of RP) but definitely because there’s a mutual love, there’s no point that you will not get any respect right.
Yes, Philippines as you say is a 3rd world country, full of corruption and poverty, but it does not mean that we do not deserve some respect. We are all created EQUAL. ALL HUMANS.(except if one claims he’s an Alien) Lol.
To everyone, Relax and Chill! World Peace.
“”To continually move from our foundation toward success, we must have more than perseverance– We must have the RIGHT PERCEPTION OF FAILURE.” “You need to be inspired at your core”"
Daniel Smith used a Date Rape Drug. You can buy
it from any Drug Dealer in America.
It can be placed in any victim’s drink.
Were any of the above people there the next morning when Nicole had came back to the pier where the ship was at, accompanied by a police office and ask for payments that she didn’t receive from the night prior? A fellow filipino tried to give her the payment which wasn’t received due to the fact the police officer denied it. hmmmm… Then the story escalated….