Rape witness could face perjury raps

SUBIC BAY FREEPORT, Zambales — The retraction of the statement of a key witness in the case of the five US servicemen accused of raping a 22-year-old woman here would constitute perjury, the prosecutor handling the case said yesterday.

On top of being charged with perjury, Timoteo Serrano Jr., driver of the van where the rape reportedly took place, might end up being charged as an accomplice, Olongapo City Assistant Prosecutor Raymond Viray said yesterday.

"The retraction of the sworn statement of Serrano would constitute a case of perjury against him," Viray said.

Viray explained Serrano can also face obstruction of justice and other related criminal cases.

Sources earlier disclosed Serrano was forced by police investigators to make the statement.

One police officer reportedly threatened Serrano to include him in the charge sheet if he refused to implicate the five American soldiers in the rape, according to sources.

Investigators, however, denied coercing Serrano.

"Serrano, the driver of the rented van used by the suspects, gave his voluntary statement without any intimidating force," Subic Bay Metropolitan Authority (SBMA)-Intelligence and Investigation Office investigator Pyke Torres said.

In his report to SBMA senior deputy administrator Jose Calimlim, Torres said Serrano even voluntarily signed his "detailed statement" on the incident.

Calimlim, for his part, clarified reports that he has imposed a media blackout over the rape case.

"It is not true that I blocked the access of media to gather information about the case," Calimlim said.

The former military general, however, admitted having ordered that copies of the sworn statement signed by Serrano not be given to media since it graphically detailed the rape that supposedly took place inside the rented van.

Calimlim stressed this was meant to protect the 22-year-old victim from further indignity and public embarrassment.

"We must understand that if this sworn statement reaches the hands of other people with intentions to further aggravate the situation, it will be more traumatic for the victim," he said.

Damage control

Malacañang also moved to limit the political backlash over the rape case, saying it was an isolated incident and justice would swiftly be done.

Presidential Spokesman Ignacio Bunye said the incident would not affect the joint military exercises.

"This is the only case of this nature reported despite the many American troops who have participated in various joint exercises," Bunye said.

"We cannot say this is a pattern. We believe this is an isolated case and this should not affect our objective of holding joint exercises," he said.

Bunye, however, stressed that "justice for the (alleged) victim will be obtained."

Bunye appealed to critics to respect the rights of the victim and not to use the rape incident to promote their political interests.

"In due respect to the victim and to the criminal justice system, we ask the President’s critics not to use this tragic incident as a springboard for political grandstanding," Bunye said.

He also dismissed calls for a review or outright termination of the RP-US Visiting Forces Agreement (VFA). He said pact was more than sufficient to govern the conduct of US soldiers on Philippine soil.

"The VFA is a product of a long and extensive study and deliberations and discussions from both sides," Bunye said. "What’s important is there are enough legal provisions to protect our interests and that we push for our jurisdiction in the case."

Five US Marines who had joined a recently concluded training exercise in Subic are now in the custody of US Embassy officials after they were accused of raping the victim.

US officials said the soldiers will be presented to the courts once charges are formally filed.

The rape case has led to calls from the political opposition and nationalist groups for the government to abolish the VFA which spells out the legal framework for American troops taking part in maneuvers here.

The agreement protects soldiers from prosecution for actions that are part of the war games but provides less protection for crimes committed while on leave or off duty.

Sen. Joker Arroyo said the case exposed the US government’s "failure to take the moral high ground" on actions by its troops on foreign soil.

"No wonder, despite their military victories in Afghanistan and Iraq, they are losing the fight against global terrorism because they have not matched their military victories with moral supremacy," Arroyo said.

The administration senator went on to describe the five US servicemen accused of rape as "sex terrorists."

"The US called us soft on terrorism. How should we call them now, soft when it comes to rape inflicted by the US soldier on other people? The US would want us to join them blindly in the fight against terrorism, yet she won’t oblige in the case of sex terrorism," Arroyo said.

Bayan Muna Rep. Satur Ocampo claimed the rape incident just added to the string of crimes committed by US forces worldwide.

"After Okinawa, Abu Ghraib and Guantanamo, the Subic rape case only heightens the legitimacy of the demand for a complete end to US military presence in the Philippines. We cannot afford any new rape case or any other anti-Philippine act by these foreign troops," Ocampo said.

‘Keep the people informed’

Administration Sen. Richard Gordon likewise noted that a lot of people and concerned sectors are calling for the review of the VFA which "may be largely due to the fact that our people are in the dark as to how the government... will handle (similar) situations."

"There are rules in the VFA and protocols on how to handle situations like this. The accused US military personnel are required to face and answer the offense charged against them in the appropriate investigative and judicial proceedings," Gordon, former SBMA chairman, said.

Gordon also called on the government to keep the people constantly informed of developments in the case.

"They must keep our people informed and our people must be assured that the government is serious in enforcing our laws and pushing for the administration of justice by holding continuous hearings," Gordon said.

Catanduanes Rep. Joseph Santiago, for his part, pointed out the five American soldiers may face the death penalty or 40 years in prison if convicted.

Santiago pointed out the provision of the Anti-Rape Law of 1997 which spelled out that "whenever the rape is committed by two or more persons, the penalty shall be reclusion perpetua to death."

"At this point, however, we must stress that all this is speculative. And we are assuming that more than one of the US servicemen assaulted the victim," Santiago said.

Various women’s groups, on the other hand. continued their appeal to authorities to exert all efforts to bring justice to the victim.

"This is not the first time US soldiers abused a Filipino woman. This is not the first time the US soldiers showed pure contempt for a Filipino woman. So, this latest violation of a Filipino woman’s humanity and rights must not be left unpunished," Michelle Licudine of the Sanlakas-Kababaihan said.

Licudine called on government to ensure the victim receives adequate support to pursue her claim for justice to the very end.

The Coalition Against Trafficking in Women-Asia Pacific (CATWAP) echoed similar sentiments on developments surrounding the rape incident.

The group asked the government to protect the rights of the rape victim.

They likewise criticized the apparent effort by some groups and the media in focusing on the background of the victim, instead of the five American soldiers involved.

The group vowed to closely monitor all moves and developments on the rape case. - With Paolo Romero, Christina Mendez, Katherine Adraneda, AFP