A municipal trial court has ordered three US servicemen to return to the country next week to be arraigned on charges of beating a taxi driver in Cebu City.
This developed as the Cebu City prosecutor handling the case issued a subpoena in connection with charges of slight physical injuries filed by taxi driver Marcelo Batestil.
Prosecutor Primo Miro, however, dropped the malicious mischief charge against them for lack of evidence. He set the arraignment of US Navy petty officers Michael Keys, Johnny Earl Lowerly and Shannon Towers on March 30.
Foreign Affairs Assistant Secretary Clemencio Montesa served the subpoena yesterday to US Embassy officials. The immediate superior of the three sailors has also been summoned to appear in the sala of municipal trial court Judge Rosabella Tormis.
All three men were earlier arraigned on an estafa charge for defrauding the taxi driver. They pleaded not guilty to the charges.
Meanwhile, US officials promised to make available for a possible Philippine court trial the three Americans who allegedly mauled the taxi driver in Cebu City two weeks ago.
"We will bring them back should the Philippine government decide not to waive the jurisdiction of the case by the first week of April," said US Embassy press attaché Tom Skipper.
Under Article 5 of the Visiting Forces Agreement (VFA), the Philippines has jurisdiction over crimes committed by US personnel on off-duty status but may have to waive jurisdiction if requested by the US government.
The Philippine government, however, may refuse if it deems the case important. The note verbale was served by the US government last March 15 and it takes effect until April 16.
Skipper said if the three men are convicted, they would have to serve time in a Philippine jail.
The mauling incident occurred shortly after the USS Blue Ridge docked in the port of Cebu on Mar. 12, following a month of military exercises between Filipino and American soldiers under the VFA.
Batestil charged the three men with assault resulting in serious physical injury, malicious mischief for damaging the vehicle's windows, and fraud.
The three sailors had hired his taxi to visit several night clubs but allegedly failed to pay the P900 fare. They then boarded another taxi and beat up Batestil when he gave chase and blocked their vehicle.
Philippine and US officials are currently drawing up specific guidelines that could be applied to the case in an effort to avoid misunderstandings on the VFA provisions.
"There are things to discuss. But there is definitely no excuse for the sailors to beat up the taxi driver even if they were provoked," said US Ambassador to the Philippines Thomas Hubbard. -- AP