Cebu driver vows not to settle with US sailors

He's not budging.

The taxi driver who was allegedly mauled by US servicemen in Cebu City renewed his vow yesterday to pursue criminal charges against the suspects.

"Hindi ko iuurong ang demanda (I won't withdraw the charges)," Marcelo Batestil told Senate reporters.

Batestil, who still had a black eye due to the incident last March 12, was presented to Senate reporters by Sen. Loren Legarda. He was accompanied by his lawyer Gerry Carillo and taxicab operator Alberto Cabingao.

During the press briefing, Batestil confirmed reports that he was being offered $5,000 in exchange for an out-of-court settlement. US officials relayed the offer through his lawyer.

But Batistil said no amount of money could compensate the injury he suffered at the hands of Petty Officers Michael Keys, Johnny Earl Lowerly and Shannon Towers of the USS Blue Ridge.

Carillo said aside from estafa charges, serious physical injuries and malicious mischief charges had already been filed against the suspects before the Cebu City prosecutor.

Legarda commended Batestil for his refusal to settle the case out of court. She had earlier offered to shoulder the driver's legal expenses if he pursued the case.

The senator, who voted against the RP-US Visiting Forces Agreement, said the Batestil issue was a test case for the VFA and the government must not waive its jurisdiction over the US servicemen, who, after going bar-hopping, allegedly beat up Batestil over cab fare.

"I am glad that Marcelo Batestil did not give up his fight for justice. What is truly at stake here is the nation's integrity. We must be vigilant at all times protecting our honor as a people," she said.

Legarda said if Batestil agrees to an out-of-court settlement, the Philippines would become the laughing stock of the international community.

Under Article 5 of the VFA, she said, the Philippines has jurisdiction over crimes committed by US personnel on off-duty status but may have to waive jurisdiction if requested by the US government. The Philippine government, however, may refuse if the case is important to it.

"The note verbale has been served by the US government last March 15 and it takes effect until April 16, when the 20-day period has already lapsed. Unless the government acts unreasonably, it will become moot and academic," Legarda said.

The US requested that it be given jurisdiction of the case so that the servicemen could be court-martialed.