Subic rape case decided Nov. 27

A decision on the rape case involving a Filipino woman and four American Marines is tentatively set to be handed down on Nov. 27, as the trial ended yesterday after four months of marathon hearings.

Makati City regional trial court (RTC) Branch 139 Judge Benjamin Pozon set the tentative date for the promulgation of judgment after the government lawyers representing the alleged rape victim informed the court that they would no longer present rebuttal evidence and witnesses as earlier planned.

In a manifestation signed by Senior State Prosecutor Emilie Fe de los Santos and State Prosecutors Lagrimas Agaran and Nolibien Quiambao, the prosecution panel said it was submitting the case for resolution.

"Upon deliberation of the prosecution panel, we have decided to forgo the presentation of rebuttal evidence and submit the case for resolution," they said.

Pozon gave both prosecution and defense 30 days to submit their respective memoranda, which will contain their closing arguments.

The prosecution’s manifestation, however, did not have the signatures of two other government lawyers of "Nicole," as the victim is publicly known. They are State Prosecutors Hazel Decena-Valdez and Elizabeth Berdal.

Valdez accused her colleagues of making the hasty decision behind her and Nicole’s back.

"I take offense that this thing reached me late and I was last to know. She (De los Santos) intentionally did not tell me because she knew it will get to Ging," Valdez told The STAR, referring to Nicole’s private lawyer Evalyn Ursua.

It was not immediately known why Berdal did not have her signature in the manifestation.

Valdez said she was for the presentation of rebuttal evidence and witnesses, including Nicole herself.

Ursua said the prosecution’s move was proof of how the senior state prosecutor was deliberately weakening their case.

"We view it as consistent with Delos Santos’ previous actions, her efforts to have the case settled or compromised, her deliberate move to assign Smith’s cross-examination to a junior and inexperienced state prosecutor and her calling Nicole a liar," Ursua told The STAR.

Ursua was referring to how the head of the prosecution panel allegedly tried to convince Nicole’s mother to enter into a settlement with the families of the accused in exchange for multiple visa entries and a better life in the US for her children.

Nicole’s mother had bared how De los Santos allegedly warned her of how her daughter’s case might be used as a tradeoff with that of former agriculture undersecretary Jocelyn "Jocjoc" Bolante. The Palace denies this.

Bolante has been wanted by the Senate to answer the alleged diversion of fertilizer funds to Mrs. Arroyo’s election campaign. He was arrested in the US last July because of a canceled visa.

Ursua also referred to how Quiambao allegedly displayed poor performance when she cross-examined Smith, the principal accused, last Sept. 11.

The prosecution’s sudden move prompted the court to proceed with yesterday’s hearing despite an earlier announcement that it had been postponed.

Lawyers representing the four accused — Lance Corporals Daniel Smith, Keith Silkwood, Dominic Duplantis and Staff Sergeant Chad Carpentier — were the only ones who attended the proceedings.

The prosecution had earlier planned to present Naval Criminal Investigation Service special agents Tony Ramos and Guy Papageorge as rebuttal witnesses after Smith claimed he was misquoted when he was interviewed about what happened on the night of Nov. 1, 2005 in Subic, Zambales.

Nicole had called on the justice department to replace her government lawyers, saying she no longer trusts them.

"It smacks of a deliberate failure to exercise the utmost diligence to ensure that Nicole and the people get justice," Ursua noted.

"The US government must be very happy that the 5,700 US soldiers (engaging in joint military exercises with the Philippine military) can enjoy in their Filipino playground without the Subic rape trial in the background," she said.

Ursua said she would meet with Nicole’s camp and other private lawyers to determine what course of action they will now take.

According to Valdez, the last time she spoke with De los Santos was on Monday when the latter told her to negotiate with Ursua so that Nicole can take the stand again.

Valdez said she did speak with Ursua on Tuesday and tried to present ways by which Nicole can be presented again through various options, including allowing private lawyers to handle everything.

She noted that up to Wednesday night, she was telling Ursua that there would be a rebuttal, contrary to news reports, only to learn that she had been bypassed.

Valdez said she does not know yet what to do and does not know whether she will resign from the panel — a question which Delos Santos also asked her during the meeting.

"Sabi niya are you in or out? I told her I’m throwing the question back at you. It was utter bad faith, they didn’t want me to know, they didn’t want Nicole to know," Valdez lamented.

Nicole filed rape charges against the American soldiers on Dec. 27, 2005 with the Olongapo City prosecutor’s office. The Supreme Court later transferred the case to the Makati RTC.

Under the Visiting Forces Agreement (VFA), US soldiers accused of committing crimes can only be tried in a Philippine court within a one-year period. This prompted Pozon to hold the marathon hearings of four days a week.

The prosecution, presenting more than 20 witnesses, rested its case after two months while the defense ended theirs in just eight hearing days by presenting only six witnesses, including the accused.

Throughout the hearing, Smith, the one accused of actually having sexual intercourse with Nicole, maintained his innocence.