Supreme Court asked to junk petitions on VFA, Smith custody ruling

MANILA, Philippines – The Supreme Court (SC) was asked to junk appeals of various groups on its Feb. 11 decision upholding the constitutionality of the Visiting Forces Agreement (VFA) in connection with the issue of custody of US Marine Lance Corporal Daniel Smith, the American serviceman convicted by a trial court of raping a Filipina in Subic in 2005 but was acquitted by the Court of Appeals (CA) last April. 23.

In a three-page manifestation and motion, the Office of the Solicitor General (OSG) argued that the petitions of former senators Jovito Salonga and Wigberto Tañada, Bagong Alyansang Makabayan (Bayan), Bayan Muna, Gabriela, Gabriela Women’s Party and the Public Interest Law Center (PILC) should already be considered moot in the light of Smith’s acquittal and his subsequent departure from the country under the US military custody.

“There is no more justiciable controversy for this Honorable Court to resolve because the acquittal and subsequent release of L/Cpl. Smith renders the issue of his custody moot,” the OSG explained.

In their motions filed last Feb. 26 seeking reconsideration of the SC ruling that upheld the constitutionality of the VFA and granted custody of Smith to Philippine authorities, the groups insisted that the VFA is unconstitutional.

The SC had declared the Kenney-Romulo agreement as not in accordance with the VFA even as the High Court declared the VFA constitutional.

Last March 17, rape victim “Nicole” recanted her statement in a sworn affidavit, expressing doubt that she had been raped by Smith.

In her five-page affidavit executed before she flew to the US last month, Nicole said she was bothered by her conscience and wanted to move on with her life.