DOJ: It’s up to Makati judge whether to allow rebuttal in Subic rape case

Justice Secretary Raul Gonzalez said yesterday he would leave it up to the Makati regional trial court (RTC) to decide whether to allow a rebuttal by the prosecution in the Subic rape case involving four US servicemen.

In a radio interview, Gonzalez blamed the victim’s camp led by her mother for "trying to sow confusion" in the case involving a 22-year-old Filipino woman and four American Marines.

"It’s all in the hands of the court. Rebuttal is not a matter of life and death," Gonzalez told DZBB.

"It’s odd because I noticed that they are bringing up this matter only now after the prosecution had already presented 20 witnesses. ‘Nicole’ did not say anything against the prosecution and now they are saying all of these things," the justice chief said.

Last Friday, the mother of "Nicole," as the victim is publicly known, challenged the government to prove that it has not betrayed her daughter by deliberately trying to lose the case.

She asked the Department of Justice (DOJ) to withdraw the manifestation to submit the case for resolution filed by state prosecutors the day before.

But Gonzalez said that if Nicole wants a rebuttal, she should ask for it in court.

"Tell (private lawyer Evalyn) Ursua to reopen her case for rebuttal. I will allow it. I won’t oppose it. But it’s up to the judge to determine (what would be done)," he said.

An irate Gonzalez also noted that he has ordered DOJ prosecutors led by Senior State Prosecutor Emilie Fe de los Santos and State Prosecutor Hazel Decena-Valdez to discuss problems on the case among themselves — not in public.

"The trouble is that they wash their dirty linen in the public. That is why I’m angry over this," he said.

"I called for her (Valdez) last Friday. She texted my chief of staff that she will be the one to call me, but she never called me back," Gonzalez noted.

On Thursday, the DOJ panel of prosecutors ended the marathon hearings with a manifestation telling Branch 139 Judge Benjamin Pozon of the Makati City RTC that they are submitting the case for resolution.

Pozon tentatively scheduled the promulgation of judgment on Nov. 27.

But Nicole’s mother lashed out at how government lawyers handling the case junked the original plan to present rebuttal witnesses and evidence.

Gonzalez said he had asked De los Santos to explain and clarify the allegations of Nicole’s mother that she tried to broker the alleged out of court settlement offered by the US Marines with the victim.

"The idea is for all of them to come before me and talk face to face. The four came, but Hazel did not," Gonzalez said.

Gonzalez chided the victim’s camp for "demanding" the replacement of her government lawyers, with Nicole arguing that she no longer trusts them.

"What I don’t like is Nicole’s mother giving all kinds of conditions like for me to replace all the prosecutors. I will not allow that. I don’t want to be dictated upon," Gonzalez stressed.