RP seeks jurisdiction over 5 US servicemen in Subic rape raps

The Department of Foreign Affairs (DFA) is seeking jurisdiction over the five US servicemen accused of rape in Subic, Zambales last Tuesday.

Foreign Affairs Secretary Alberto Romulo said they are now asking the US Embassy in Manila to ensure that the five American servicemen would not leave the country while the investigations against them are being conducted.

Romulo said he had asked the US Embassy to make the five servicemen available for investigation as provided by the Visiting Forces Agreement (VFA) between the Philippines and the United States.

Romulo claimed the US Embassy did not allow the five US servicemen to join the scheduled departure of their ship yesterday morning and has given its assurance that they will be made available.

"Philippine authorities are currently investigating this crime and we shall pursue this matter with vigor and in accordance with our laws and treaty obligations," he said.

Romulo said that he was "deeply concerned" about the allegations and that he would "support all efforts by our authorities to investigate, prosecute and try this case."

"The perpetrators of this heinous crime shall be brought to justice," Romulo said.

US Embassy Charge d’Affaires Paul Jones conveyed to Romulo the US government’s resolve in taking appropriate action on the case.

Jones said he made a commitment to Romulo to make the five soldiers available once summoned for investigation.

He said the US military is also conducting separate investigations over the accusations.

"In the justice system that both of us share, these charges are very serious," Jones stressed.

"They are innocent until proven guilty. If they are proven guilty, we obviously find this an outrageous crime and we will ensure that when proven guilty, we will do everything we can to ensure that justice is done," he said.

Jones expressed the sympathy of US government to the victim and her family.

While the five servicemen are still under the custody of the US Embassy, Jones said they are awaiting any formal request from Philippine authorities to have them appear in an investigation.

It was not immediately clear if the five Marines have been charged but US Embassy spokesman Matthew Lussenhop said he expected charges to be filed soon.

The alleged rape of the 22-year-old woman took place on Nov. 1 during the Talon Vision and Phiblex joint military exercises at Subic, the former US naval base in Zambales.

The Subic Bay Metropolitan Authority (SBMA) said the alleged victim had been visiting a karaoke bar when she met the Americans who invited her to go with them in a rented van.

A few hours later, witnesses said they saw the woman being dumped unconscious from a van on a road.

Authorities pointed out that US troops who take part in joint exercises are subject to the VFA that provides special legal protection for actions taken as part of the war games.

Lawmakers, however, noted the VFA provides less protection for crimes committed by troops who are on leave.

VFA Commission Executive Director Zosimo Paredes said the US servicemen were "on liberty" or off duty when they met the victim.

Paredes said he has no idea if the victim worked in one of the entertainment establishments.

The government immediately expressed concern over the alleged rape, which could provoke fierce condemnations from militant groups who have been opposed to the presence of American troops here for counterterrorism training with Filipino soldiers.

"We’re in control of the situation and we’re not allowing this to be whitewashed one way or another," Paredes stressed.

Sen. Miriam Defensor-Santiago, chairwoman of the Senate foreign relations committee and the oversight committee on the VFA, said the panel is closely coordinating its efforts with Jones for the preliminary investigation of the case.

Santiago also commended the US Embassy for deciding to keep the five accused US soldiers in custody rather than shipping them off.

Santiago explained that under the VFA, criminal offenses committed by US personnel within Philippine territory fall under its jurisdiction.

The only exceptions are offenses which are related to the security of the US government but not of the Philippines, she said.

If the nature of the offense is committed against the laws of both countries, the Philippines, being the host country, will have the primary right to exercise jurisdiction and prosecution of the case.

But it would also not apply when the offense was committed in the performance of official duty, Santiago said.

Santiago pointed out the offense of rape is punishable in the US and the Philippines.

As the crime was committed in the host country, the Philippines will have sole jurisdiction to prosecute the offenders, she said. — With Christina Mendez, AFP, AP