Judge Benjamin Pozon of RTC Branch 139 is expected to resolve all other issues before the arraignment.
In yesterday’s hearing, Pozon heard the complainant’s motion seeking to declare as unconstitutional specific provisions of the Visiting Forces Agreement (VFA) that have prevented Filipino authorities from taking custody of the four Americans.
He also met the complainant’s private counsel, Evalyn Ursua of the Women’s Legal Bureau (WLB).
Ursua joined the new panel of government prosecutors tasked to handle the case following the resignation of Olongapo City Prosecutor Prudencio Jalandoni from the case.
Ursua insisted that the Philippines should take custody of the US servicemen according to existing laws, a stand opposed by the defense.
Lawyer Jose Justiniano, who represents US Marine Keith Silkwood, denied that he and other accused are enjoying special treatment at the US Embassy.
The reduction of the charge against Silkwood from principal to accessory has not downgraded the crime allegedly committed because the charge is still rape, he added.
Though the Department of Justice (DOJ) has yet to file a motion to amend the information contained in the original charge sheet, Secretary Raul Gonzalez already announced that the case lodged against Silkwood, along with Dominic Duplantis and Chad Carpentier, will be "toned down."
Gonzalez said only Daniel Smith would be charged as the principal accused in the rape case while the rest are to be tagged as accessories.
"We will file an opposition, definitely," Ursua told reporters after the hearing.
The court has ordered Makati Prosecutor Feliciano Aspi, who now heads the new prosecution panel, to secure a copy of the DOJ order and file the appropriate motion on or before Monday, she added.
As for the motion to declare unconstitutional certain provisions of the VFA, the court said the same is submitted for resolution.
The government’s stand on how the four US servicemen should be treated and tried based on statements of Gonzalez has apparently created a rift between complainant’s private lawyer and the government prosecutors.
Ursua and Aspi’s team figured in a minor argument over how the case should be handled and who would ultimately decide.
However, Ursua said she and the government prosecutors are not really in conflict, but there are "instances" when she will have to fight for her client’s rights as opposed to the state’s stand to downgrade the charges against three of the accused.
"The city prosecutor has control and supervision over the case but (the complainant) also has rights," she said.
"There may be instances wherein we will respectfully disagree."
The DOJ’s decision to downgrade the charges can still be reversed by the court, she added.
Ursua said in her experience, the court tends to resolve all such issues being raised before the arraignment.
Meanwhile, the women’s group Gabriela, an alliance of various women’s organizations nationwide, picketed the Makati Hall of Justice yesterday in support of the complainant.
They called for Gonzalez’s resignation, accusing him of protecting the rights of the accused over those of the alleged victim.
Gabriela was joined by other groups like the Partido ng Manggagawa, Kaisa Ka, the Health Alliance for Democracy and Task Force Subic Rape. — Michael Punongbayan