Makati prosecutor inhibits self from Subic rape case

Makati prosecutor Feliciano Aspi has inhibited himself from the Subic rape case, following the lead of Olongapo City prosecutor Prudencio Jalandoni, who had originally handled the case against the four US Marines.

Justice Secretary Raul Gonzalez has tasked Senior State Prosecutor Emilie Fe de los Santos to replace Aspi.

Aspi, in an interview, said he had inhibited himself from the case because it was "too consuming," and that he and Makati assistant prosecutor Christopher Garvida had barely touched the case.

"Matrabaho yan eh... lahat ng trabaho dumadaan sa amin, yun — personal yun ," he said. "Kami naman ay mga sundalo lang."

Garvida had also inhibited himself from the case.

The Department of Justice had informed Judge Benjamin Pozon of Makati City regional trial court Branch 139 of Aspi’s action through a motion seeking the postponement of three hearings set for May 12, 15, and 19.

Aspi’s decision is expected to further delay the proceedings since the government is now asking for a 15-day period to give the new panel of prosecutors enough time to study the case.

De los Santos said they will need at least 15 days to prepare, which means that the preliminary conference scheduled on May 12 might be moved to May 27, if the court grants the motion.

"The panel respectfully moves for the cancellation of hearings set on May 12, 15, and 19, 2006 as we have to assess and study the case, collate all documentary and physical evidence to enable us to prepare and properly handle this case," she said.

The motion is not intended to delay the proceedings, but to make sure that the prosecution will be fully prepared in court, De los Santos said.

Headed by De los Santos, the new team of prosecutors is composed of special prosecutors Lagrimas Agaran, Hazel Decena-Valdez, Ramon Chito Mendoza, and Niven Canlapan.

Meanwhile, US marines Chad Brian Carpentier, Dominic Duplantis, and Keith Silkwood, who are accused of raping a 22-year old Filipina at Subic Bay Freeport last year, have asked the Court of Appeals to stop Pozon from proceeding with the hearings on May 12, 15, and 19.

The DOJ has asked the court to downgrade the charges against Carpentier, Duplantis, and Silkwood from principal to accessory.

During the arraignment, Pozon denied the motion seeking to downgrade the charges.

On the other hand, private prosecutor Evalyn Ursua of the Women’s Legal Bureau, through another motion, asked court to issue warrants of arrest against the accused and order them placed under Philippine custody.

Ursua said Olongapo City Judge Renato Dilag ordered the arrest of the Americans last Jan. 13, but the warrants of arrest were not served because of a diplomatic note from the US embassy stating that the US government shall continue to exercise custody until completion of all judicial proceedings.

Ursua, who is working with former senator Rene Saguisang, former vice president Teofisto Guingona, and former University of the Philippines law deans Pacifico Agabin and Merlin Magallona, said the court had made a mistake in its decision.

The Visiting Forces Agreement (VFA) says the Philippines can take custody of the US servicemen, the private prosecutors said.

Ursua said under the VFA, the US government has to request for custody.

In extraordinary cases, the Philippine government shall present its position to the US government regarding custody which the US shall take into full account, she added.

Ursua said the Americans are accused of rape, a capital offense and a heinous crime, an extraordinary case which means that "custody over the accused in the instant criminal case rightfully belongs to the Philippine government."

In a separate motion, the private prosecutors asked Pozon to interpret the VFA’s provisions on restricting the trial of the US servicemen to one year.

The court should declare when the one-year period actually starts, Ursua said.