Executive Vice Judge Renato Dilag of the Regional Trial Court Branch No. 73 said he inhibited himself from the case because the lawyer of the alleged victim filed a motion questioning his partiality as his son once worked for a law firm now representing one of the Americans.
"I have chosen to inhibit myself from this case to erase all doubt on future actions I will make with regards to this case," Dilag told The STAR.
As a result, the case will be raffled off again on March 28 at the Justice Hall here
Dilag stressed that he was not being intimidated into pulling out, adding: "I did not feel any pressure coming from anybody."
In her motion, private prosecutor Evalyn Ursua noted Dilag had close links to the Rodrigo Berenguer and Guno Law Office, counsel for one of the accused, US Marine servicemen Chad Carpentier.
It turns out that Dilag’s son, lawyer Raymond Dilag, used to be an associate of the law firm. But Dilag pointed out his son has not been connected with the firm for four years now.
Ursua also cited in her petition that Dilag was the subject of a grave misconduct case filed by no less than the judge’s staff.
Lawyers for the alleged rape victim, a 22-year-old Filipina, said they obtained the information "from some members of the Philippine Bar and the court staff," as stated in their petition.
This was after Dilag ruled against a request for the arraignment to be deferred filed by the victim’s counsel last Wednesday. The grounds cited included the questioning of the constitutionality of Article 5 on criminal jurisdiction under the Visiting Forces Agreement (VFA) and the request to issue new arrest warrants against the four GIs.
"The motion filed was a counterattack move by the victim’s counsel when I denied their motions to defer and issue new arrest warrant for the accused," Dilag said.
The embattled judge however said he firmly stands by his ruling, stressing the motions had "no legal basis," including that which questioned the constitutionality of Article 5 of the VFA between the Philippines and the US.
Ursua, the victim’s lead counsel, countered her client has the legal standing to question the custody and jurisdiction provisions of the VFA.
Unfazed, Ursua said they would appeal Dilag’s decision before the Supreme Court.
The arraignment of the four US Marines accused of raping a Filipina during a joint military exercise in Subic last November has been called a test of the country’s judicial system amid close relations between the Philippines and the US.
The alleged rape has triggered anti-American street protests in this former US colony.
Apart from Carpentier, the other accused are US Marine servicemen Daniel Smith, Keith Silkwood and Dominic Duplantis. They have insisted only one of them had sex with the woman and that the act was consensual.
The US Embassy has stood firm on its refusal to relinquish custody of the four to the Philippine government, citing a provision in the VFA that allows them to keep soldiers in their custody during legal proceedings.
Lawyers from the victim’s side contend that giving in to the Americans’ wishes already shows the inutility of local law.
"The provisions of our rules on criminal procedures have been effectively nullified," said the three lawyers of the victim.
With the arraignment initially slated for today, local police were alerted to possible lightning rallies to be staged by different women’s groups.
Task Force Subic Rape, a unified umbrella organization comprised of 14 non-government organizations, is expected to show support for the victim today in front of Olongapo City Justice Hall.
Dilag’s withdrawal from the case comes as a law firm for one of the accused also asked for a withdrawal of appearance.
Last Wednesday, Coluso, Chica and Associates asked the court that they "be considered discharged from the responsibilities as counsel for the accused Lance Corporal Keith Silkwood."
No clear explanation was given as to why the law office withdrew its representation of Silkwood.
However, Jose Justiniano of Sycip Salazar Hernandez and Gatmaitan, one of the country’s top law firms, filed a notice of entry of appearance for Silkwood.
In the two months since an investigation was conducted, several twists and turns have arisen.
One of the most unlikely developments was the inclusion of former star witness Timoteo Soriano among the respondents.
Soriano, driver of the Starex van in which the alleged rape took place, was earlier considered as a key witness but Olongapo City Chief Prosecutor Prudencio Jalandoni said he has now been reclassified as a respondent in the case.
As for Soriano, Jalandoni said he has continuously avoided contact with court authorities even as he has opted to speak before the media.
He also said that Soriano failed to appear during the preliminary probe ordered by the court, which puts him under suspicion of withholding information.
The driver was initially in the media spotlight for retracting his statements to investigators from the Intelligence and Investigation Office (IIO) of the Subic Bay Metropolitan Authority where the rape case was first reported.
Soriano alleged that Pyke Torres, head of SBMA IIO, had punched him twice to force him to sign a statement saying the woman was gang-raped by the Marines. Torres denied the allegations.
Soriano’s lawyer Atty. Raul Paras also tangled with Jalandoni when he questioned his client’s inclusion as a respondent in the case.
Insisting that there was no complaint filed against Soriano, Paras questioned why the city chief prosecutor had ordered the driver to file a counter-affidavit.
Jalandoni said he had asked for Soriano’s counter-affidavit based on a subpoena he had issued against him and that he could make Soriano a respondent if the evidence so required.
Jalandoni then scolded Paras and his client, saying Soriano’s inability to provide a counter-affidavit had made a mockery of the proceedings.
Another twist in the case involved the reported admission by one of the accused US Marines that he had had "consensual sex" with the victim inside the van while the other servicemen were on their way back to their ship on the night of Nov. 1.
This was contained in a document prepared by the US Naval Criminal and Investigative Service, which included a narration of events from Smith, Carpentier, Silkwood and Duplantis during interrogation by the NCIS.
The NCIS document pointed only to Smith as having had sex with the Filipina complainant.
According to the document, Smith met a Filipina after he arrived at the Neptune Club with Duplantis, Silkwood and two other servicemen, Corey Burris and Albert Lara. Smith later danced with the unnamed Filipina for 40 minutes.
When Carpentier arrived at the club and advised the Marines that it was time to go, the Marines then got inside the van. Smith brought the girl with him and both sat on the back seat of the van.
Smith said that inside the van he "had sex with the girl who was a willing partner and never said stop to what he was doing."
The testimonies of the other Marines to the NCIS corroborated Smith’s story, except for his statement that the other marines in the van had even "cheered him on."
In the NCIS document, Carpentier, Silkwood and Duplantis also claimed that it was only Smith who had sex with the complainant. — With wire reports