DOJ asks SC to move GIs’ trial to Manila

Justice Secretary Raul Gonzalez asked the Supreme Court yesterday to transfer the trial of the rape case against four US servicemen accused of raping a Filipina in Subic, Zambales from the Olongapo City regional trial court to Manila.

In a letter to Chief Justice Artemio Panganiban dated yesterday, Gonzalez said that after Olongapo City regional trial court (RTC) Judge Renato Dilag inhibited himself from the case, the choice of judges to handle the proceedings was narrowed down to two.

However, Judge Reynaldo Caguioa of Olongapo City RTC Branch 74 might also ask to be inhibited from the case because one of his relatives reportedly has ties with the law firm hired by the US servicemen, while Branch 75 presiding judge Avelino Lazo is retiring in December, Gonzalez said.

He said Lazo’s retirement could put the case in jeopardy, since, under the Visiting Forces Agreement (VFA), judicial proceedings against US servicemen accused of committing crimes on Philippine soil must be completed within one year.

He said it would be dangerous to start the case and later suspend the proceedings in the middle of trial with Lazo’s retirement.

In an interview with reporters yesterday, Gonzalez said Panganiban had already promised to act on his request when the Supreme Court justices meet for an en banc session today.

Gonzalez said if this happens, the face-off between the US Marines and the Filipina complainant will take place in Manila.

The US servicemen had withdrawn their previous legal counsels and hired a new team of lawyers to defend them. Gonzalez said this could cause a delay in the proceedings, especially if the new lawyers of the accused ask for at least 15 days to review the case.

He also said the court might ask the lawyers for the accused to allow the arraignment to push through before they review the case.

"It could be a setback with regards to the time, but not the entire case," he said. "Since the arraignment has not yet been conducted, the running of the one-year (prescription period) has not started also."

Gonzalez also said Dilag made the right decision in recusing himself from the case, as his probity had been put into question by the lawyers of the accused.

Meanwhile, Malacañang stressed that the US government remains committed to ensuring justice will prevail in the Subic rape case.

"We have the full cooperation of the US government in the case," Press Secretary Ignacio Bunye said in a statement. "What is important is that the US personnel are available for trial. They will be given due process and those found guilty will be punished under our laws."

According to reports, a panel of prosecutors from the Department of Justice recommended the dismissal of the case against Lance Corporal Chad Carpentier and Staff Sergeants Keith Silkwood and Dominic Duplantis.

The prosecution panel believes that only Staff Sergeant Daniel Smith should be charged with raping a Filipina in November 2005 at the former naval base of Subic, the reports said.

Gonzalez has also reportedly raised the possibility of lowering the charges against Carpentier, Silkwood and Duplantis but has refused to divulge the prosecution panel’s recommendations. — With Aurea Calica