Issue of custody of US Marines won’t reach Washington — DFA

Philippine authorities will not appeal to Washington to resolve the question of custody of four US Marines facing charges of rape before a court in Olongapo City, the Department of Foreign Affairs (DFA) said yesterday.

Foreign Affairs Undersecretary for Special Concerns Rafael Seguis told reporters yesterday the government had been "successful" in its negotiations with the US Embassy.

"So far we have been successful at the lower level," he said. "That is enough for us. I told them about public and congressional outrage and they assured us they will act accordingly."

Last week, Seguis said Foreign Affairs Secretary Alberto Romulo met with US Deputy Assistant Secretary of State Eric John while he was in Washington to ask for custody of the accused US servicemen.

Romulo’s talks with US State Department officials were part of a "dialogue" arising from the US Embassy’s diplomatic note rejecting the request for custody, he added.

On the other hand, the DFA said Romulo flew to Washington to testify in the arbitration case involving German firm Fraport and the Ninoy Aquino International Airport Terminal 3.

In Olongapo City, the judge hearing the case said yesterday the four US Marines accused of raping a 22-year-old Filipina will be arraigned after the lapse of the 60-day period required by the Rules of Court for the suspension of proceedings.

Vice Executive Judge Renato Dilag told The STAR Marine S/Sgt. Chad Brian Carpentier and Lance Corporals Daniel Smith, Dominic Duplantis and Keith Silkwood will be arraigned even though the Department of Justice (DOJ) has not resolved Carpentier’s petition for review.

"But it’s better if the DOJ review can be completed soon, even if the 60-day period has not yet elapsed, so that we can resume the trial immediately," he said.

Dilag said under the Visiting Forces Agreement (VFA), the four US servicemen are considered under the court’s jurisdiction after they have voluntarily submitted themselves to the custody of American authorities.

The court is aware of the efforts of Philippine authorities to settle the issue of custody through diplomatic means, he added.

In yesterday’s hearing, Dilag gave the counsel for Filipino driver Timoteo Soriano 10 days to react to the motion of Olongapo City Prosecutor Prudencio Jalandoni for the court to reconsider the dismissal of charges against the driver of the van in which the alleged rape occurred.

"Finding merit for the motion by the City Prosecutor (to reconsider dismissal of Soriano’s case), accused Soriano through counsel is hereby given 10 days from today to submit his comment and/or opposition to the motion," Dilag said in his order.

Dilag had dismissed Soriano’s inclusion as co-accused, noting that the driver was not included in the original complaint filed by the alleged rape victim.

Soriano was included by the prosecution as a co-accused in the case against the four US servicemen after he retracted his earlier affidavit that he had witnessed the alleged rape.

Olongapo City Prosecutor Prudencio Jalandoni has re-filed a motion to include Soriano as one of the accused in the rape case together with Carpentier, Smith, Silkwood and Duplantis.

Jalandoni said the prosecution had valid basis to ask for reconsideration of the Jan. 13 ruling that Soriano was not accused of having committed any offense.

"We just wanted to emphasize to the court that in discharging Soriano, the court has arrogated upon itself the power that rightfully belongs to the prosecution," he said.

"We believe, your honor, that in so doing, the court has abused its discretion to the extent that the court lacks jurisdiction in discharging the accused Timoteo Soriano."

The prosecution said Soriano did not file a motion for reconsideration of the prosecution’s resolution, and that he did not avail of the remedies under the Rules of Court, making the resolution final and executory.

"And the court will take note of the fact that except (for) Soriano, Carpentier has availed (himself) of this remedy of appeal to the Secretary of Justice, likewise Smith has also filed a petition for review with the DOJ," he said.

However, Dilag said lawyers for the accused filed an omnibus motion with the court on Jan. 8 within the period allowed to file a motion for reconsideration.

In response, Jalandoni said an omnibus motion was not a motion for reconsideration of the prosecution’s resolution that Soriano be charged as co-accused in the rape case. 

Last Thursday, Dilag recalled the warrant of arrest for the four US servicemen after Carpentier informed the court that he had a pending petition before the DOJ for the review of the Olongapo City prosecutor’s resolution to charge him as an accessory to rape.

Dilag said the court is "constrained to defer further proceedings" until after the Secretary of Justice has ruled on the petition for review.

The petition for review is a statutory right of the accused as provided for in the Revised Rules of Criminal Procedures, he added.

Court records show Carpentier had filed his petition for review before the DOJ on Jan. 11.

The hearing yesterday was the last to be held prior to the 60-day suspension of proceedings allowed by the court. — With Bebot Sison Jr., Ric Sapnu