Legal luminaries come to aid of Subic rape victim

Legal luminaries led by former Vice President Teofisto Guingona appeared before the Makati City regional trial Court yesterday to oppose the Department of Justice’s resolution downgrading the charges against three of the four US Marines accused of raping a 22-year-old Filipina at Subic Bay Freeport last year.

Guingona, along with former senator Rene Saguisag and former University of the Philippines law dean Pacifico Agabin, lent support to lawyer Evalyn Ursua of the Women’s Legal Bureau (WLB).

On behalf of her client, the alleged rape victim, Ursua asked Judge Benjamin Pozon to rule against the DOJ resolution tagging Lance Corporal Daniel Smith as the sole principal and downgrading as accessories Lance Corporals Keith Silkwood and Dominic Duplantis, and S/Sgt. Chad Carpentier.

Pozon is expected to issue a ruling today before the 2 p.m. arraignment of Smith, Silkwood, Duplantis and Carpentier.

Guingona, Saguisag, Agabin and several other lawyers, as friends of the court, were allowed to speak and argue on legal grounds as to why the DOJ erred in its decision and why the court should reverse the same.

Ursua, who filed an opposition to the DOJ’s motion to amend the information against the four US Marines, said she believes that she is fighting for the rights and interests of her client as a private person and as a Filipina who was sexually abused.

The team of government lawyers is led by Makati Prosecutor Feliciano Aspi.

Outside Makati City Hall of Justice, women’s groups led by Gabriela held a protest action to pressure the court into ruling in favor of the victim while denouncing Justice Secretary Raul Gonzalez for allegedly favoring the US Marines.

Guingona delivered a short speech for them with his signature "Mabuhay" opening statement as he lauded women’s organizations for supporting the victim in her legal battle.

Ursua and Saguisag, in interviews after the hearing, took turns in lashing out at Gonzalez and his decision to downgrade the charges against the three US Marines.

"The DOJ’s version of the amended resolution is very shocking," Saguisag said.

"Gonzalez should have based his decision in accordance with law. The action of Gonzalez left us wondering if there was conspiracy (to clear the accused)."

Saguisag said under the prevailing policy, if a murder or homicide is committed, the one that prevails is the graver offense which is murder.

"In this case, he charged the accused as accessories, but what will happen if they would be found as principals afterwards?" he said.

"We don’t know if Gonzalez is now acting as the lawyers of the US Embassy."

Ursua said she will not submit to the DOJ resolution. "We can’t accept that simply because it is wrong."

Ursua said she will go up to the Court of Appeals to question the amended information issued by Gonzalez, if necessary.

"Otherwise, we will just be surrendering our rights," she said.

The prosecution asked Pozon to defer the arraignment if the amended information will eventually be accepted by the court, she added.

Meanwhile, a group of militant students hurled tomatoes at the DOJ offices yesterday morning in protest of the alleged partiality being shown by the department to the four accused US Marines.

About a hundred members of the League of Filipino Students assailed what they described was Gonzalez’s intrusion tactics in the rape case, in particular the downgrading of charges against three of the accused.

The justice secretary’s move reportedly prompted Olongapo prosecutor Prudencio Jalandoni to quit as member of the DOJ prosecution team against the four US Marines.

"The Subic rape case is unlike other rape cases, it only testifies to the many leakages of the Visiting Forces Agreement (VFA), the continuing subservience of the Philippines to the US government," LFS chairman Vencer Crisostomo said.

The militant students also held a mobile propaganda education campaign against Mrs. Arroyo’s effort to change the Constitution through a people’s initiative. — Michael Punongbayan, Jose Rodel Clapano