VFA oversight committee summons DFA, DOJ, DND chiefs

The Legislative Oversight Committee on the Visiting Forces Agreement (LOVFA) summoned Foreign Affairs Secretary Alberto Romulo and two other Cabinet officials to a closed-door meeting yesterday over the application of the VFA concerning the rape case involving six US servicemen.

Although the issue stemmed from a criminal offense, LOVFA co-chairman Sen. Miriam Defensor-Santiago stressed the presence of Romulo and other concerned officials is necessary since the matter involves foreign policy.

"The situation involves foreign policy and we need to hear the recommendations of these Cabinet members on whether to review, revise or scrap the VFA altogether," Santiago said.

Apart from Romulo, the LOVFA has also summoned Justice Secretary Raul Gonzalez and Defense Secretary Avelino Cruz to attend the executive session to be held Friday at the Senate.

A hearing was held by the LOVFA last week on the issue of proper custody of the six American servicemen who are accused of raping a 22-year-old Filipina in Subic last Nov. 1.

Santiago said the hearing on Friday will focus on the application of the VFA to the alleged rape case considering the treaty has some provisions that she described as "patently biased in favor of the US."

The hearing will be conducted behind closed doors upon the request of the officials, citing national security implications.

Officials and lawmakers pointed to the need for a review of the provisions of the VFA, particularly on the issue of custody of erring US personnel involved in criminal offenses.

The six US Marines who were charged in the rape are currently under the custody of the US Embassy while an investigation continues.

The accused American servicemen are scheduled to appear today before the Olongapo City Prosecutors’ Office for preliminary investigation and face their accuser.

But there is a possibility that the six Americans may not be present during the preliminary hearing.

Despite an earlier assurance made by the US Embassy to present the accused servicemen, Press Attaché Matthew Lussenhop conceded he could not confirm their appearance at today’s preliminary investigation.

Lussenhop clarified the embassy will make available all the six Marines if "required" by the prosecutor.

"That is really for the prosecutor" to decide on the appearance of the US Marines, he said. "He is the one in charge of the preliminary investigation and according to the VFA we make them available if requested."

Lussenhop said they are not obliged to disclose any arrangements between the six American soldiers and their lawyers.

Lussenhop added the US embassy will be represented during the preliminary investigation even if the six accused Marines fail to appear.

Last week, the Philippine government formally sought custody of the six US servicemen in a diplomatic note sent to the US Embassy.

Lussenhop said the mission would need to consult with Washington regarding the Philippines’ request for custody of the six soldiers.

Named in the subpoena were US Marines Keith Silkwood, Daniel Smith, Albert Lara, Dominic Duplantis, Corey Barris and Chad Carpenter.

As to Washington’s reply, Lussenhop claimed they had not yet received any instructions or response from the US government.

A matter of right

Gonzalez, on the other hand, warned against moves to defer the appearance of the rape victim during the preliminary investigation.

He said the move could be used by defense lawyers to further delay the proceedings.

Gonzalez said that under the rules on criminal procedure, the victim must enter her oath before the prosecutors.

"I hope the girl really appears because that might be used by the defense to delay the proceedings and they are the ones asking for the speedy trial," he said.

Gonzalez stressed that, as a matter of right, the accused has to examine all the evidence presented by the accusers.

Although the victim’s non-appearance during the preliminary investigation would not be grounds to dismiss the case, Gonzalez said the move could be a long-term strategy on the part of the prosecution lawyers.

Gonzalez assured that due process would be rendered to the six American soldiers and their rights would not be violated in the preliminary investigation.

"This case must undergo PI (preliminary investigation) because the court would only dismiss the case if there is no PI. The reason why I wanted them inquested immediately was so that we would be able to hold the Americans beyond the 36 hours (detention period under the revised Penal Code)," he said. — With Jose Rodel Clapano, Pia Lee-Brago, Evelyn Macairan