Smith still in jail as CA ‘notes’ DFA plea

Convicted rapist US Marine Lance Corporal Daniel Smith will have to spend New Year’s Eve at the Makati City jail after the Court of Appeals (CA) merely "noted" the government’s petition for his transfer to the US Embassy.

In a telephone interview, Solicitor General Antonio Eduardo Nachura said the government will file any time today its comment on Smith’s petition for US Embassy custody.

"We will be filing our comment as soon as possible, so that we will no longer wait for the 10-day period (which ends Jan. 1) given to us by the CA," Nachura said.

At Malacañang, Executive Secretary Eduardo Ermita said he sees no reason to renegotiate the Visiting Forces Agreement (VFA) at this time.

"Let us finish first this issue on the custody of Smith before we delve into something that might complicate it," Ermita said.

"I am very sure the two governments may have some thoughts at taking a look at it, reviewing it very well because we do not want similar things to happen in the future. But I am not aware of any discussions about it," Ermita said.

"Our preoccupation is to look at the implementation on the issue of custody as called for under the VFA."

Nachura said the comment to be filed would be "a repetition of our motion for intervention citing the VFA, which provides that Smith should be in the custody of US authorities while the proceedings of his case are still ongoing."

Nachura said he is hoping for swift CA action on the government’s petition.

"We are hoping that there will be action from the CA... We hope that they will act on our petition," Nachura said.

"The meat of our urgent manifestation and motion is that there was no disagreement between the government and the US authorities that Smith should be placed under their custody until final determination of his case," Nachura said.

In the petition, Nachura said Foreign Affairs Secretary Alberto Romulo and US Ambassador Kristie Kenney signed an agreement on Dec. 18 for Smith to be turned over to the US Embassy.

"The government of Republic of the Philippines and the Government of the United States of America agree that, in accordance with the Visiting Forces Agreement signed between our two nations, Lance Cpl. Daniel J. Smith, United States Marine Corp., be returned to the US military custody at the US Embassy in Manila," the petition read.

"His (Smith) continuous detention will have tremendous repercussions on our diplomatic foreign relations with other sovereign states especially the United States of America. The government’s adherence to its treaty commitment is truly imperative," Nachura said.

Nachura stressed the DFA is not questioning Pozon’s conviction of Smith.

"It in fact joins the people and the victim herself in their continuing crusade for justice," he said.

But he said "all laws of the land including our treaty obligations should be enforced with the same degree or vigor."

The first major repercussion of the Smith custody issue was the US’ cancellation of the annual Balikatan joint military exercise with the Philippine military.

Ermita said although President Arroyo was disheartened by the US decision, she understands the concerns of the US government and its people.

Ermita said it could not be considered a form of "pressure" but just a prerogative of the US government.

"In the coming days, we hope to get a decision on the custody case," Ermita said.

Amid the legal wrangling over Smith custody, Presidential Commission on the Visiting Forces Agreement (VFACom) Executive Director Zosimo Paredes said the issue should serve as a lesson to foreign military troops who will participate in future military exercises in the Philippines. .

"For the soldiers who will be coming here for the exercises they’ll be more wary. And their military officials will better inform their soldiers of what to do and what not to do in the Philippines," Paredes said.

"On the Philippines side, I think our citizenry is more protected. And the chance of this incident happening again is reduced to nil."

Kenney earlier said visiting American troops should always "behave."

"I think the important thing is that all visitors to the Philippines or to any other nation should do their best to behave in a way that you would want them to behave to get to know local people and to get to experience the wonderful things here in the Philippines," Kenney said. She said the family of Smith will come to the Philippines to visit him.

"They’re humble people who do not have yet the funds to make an expensive trip to the Philippines so obviously that’s up to them when such time comes that they have enough money to buy plane tickets," Kenney said.

"I know they want to see their son. It’s been a long year for all the families involved." –Jose Rodel Clapano, Pia Lee-Brago, Aurea Calica