DOJ chief says transfer of Subic rape case to Manila unfair

The call of some groups to transfer the rape case involving six American servicemen to Manila is unfair to Olongapo City prosecutors already handling the case, Justice Secretary Raul Gonzalez said yesterday.

"It’s unfair to the prosecutors to call for the transfer of the trial," Gonzalez told the weekly Kapihan Sa Sulo Hotel news forum in Quezon City.

Gonzalez ruled out any change in the trial venue, saying only the Supreme Court would decide on any petition.

He explained the rules of court call for the trial of a case to be held in the court having jurisdiction over where the criminal offense was committed.

In a later interview with Vice President Noli de Castro in his weekly radio program, Gonzalez said he would not allow Katrina Legarda, the counsel of the rape victim, to have the trial moved to Manila.

"It was announced (the request for a transfer of venue), but I will not allow that at this time. The hearing has not started and yet the Olongapo inquest fiscal is getting criticized. Jurisdiction over this case belongs to that fiscal in Olongapo," Gonzalez declared.

He stressed that Legarda, as a lawyer, should know the legal procedures.

"She’s a lawyer and she knows the rules of court. She knows the law. She knows that the trial should be held in the court having jurisdiction where the offense was committed," he said. "In fairness to the fiscal, let him do his job."

He said a change in trial venue is only possible in exceptional cases as decided by the high court to protect the parties involved or in similar circumstances.

Gonzalez dared Legarda to prove her claims that he had facilitated the turnover of the six US servicemen to the custody of the US Embassy in Manila.

Gonzalez insisted that it was the Subic Bay Metropolitan Authority that turned over the American servicemen to the embassy. SBMA officials clarified last Friday that they never actually had custody over the six American servicemen.

SBMA administrator Armand Arreza said the six servicemen were never turned over to the SBMA since they were immediately transferred from their ship to the custody of the US military attaché who invoked the RP-US Visiting Forces Agreement (VFA).

The SBMA also denied accusations made by Gonzalez that some of its officials, in particular retired general Jose Calimlim, allegedly did not follow rules and procedures under the VFA over the issue of custody of erring US servicemen.

Gonzalez noted the case involving the six American soldiers who have been accused of raping a 22-year-old Filipina in Subic is of particular importance since the offense is punishable by death under local penal laws.

However, the provisions of the VFA state the custody of erring American servicemen is a matter of interpretation and subject to diplomatic consultations.

The Philippine government, through the Department of Foreign Affairs (DFA) has formally asked the US government for custody over the six servicemen.

The government formally made the request in a note verbale sent to the US Embassy in Manila.

Named in the subpoena were US Marines Keith Silkwood, Daniel Smith, Albert Lara, Dominic Duplantis, Corey Barris and Chad Carpenter. — With Pia Lee-Brago