In a one-page resolution, Associate Justice Ricardo Rosario of the CA’s 16th division instructed Smith to comment on the case filed by the rape victim "Nicole" on Jan. 2, through her lawyer, Evalyn Ursua.
"The Solicitor-General is, likewise, directed to file a comment on the special appearance and motion, supra, within 10 days from notice," Rosario said.
Two other Associate Justices, Rebecca de Guia-Salvador and Magdangal de Leon, reportedly agreed with Rosario’s resolution.
Earlier, the Supreme Court (SC) ordered the executive department and Smith’s lawyers to submit within 10 days their comment on Nicole’s petition to return him to the Makati City Jail.
On Dec. 4 last year, Makati City Regional Trial Court Judge Benjamin Pozon found Smith guilty of the crime rape, while he acquitted the three other US Marine officers who were Smith’s co-accused.
Smith was immediately brought to the Makati City Jail but, without the approval of the lower court, he was whisked out of detention on Dec. 29 and transferred to the custody of the US Embassy.
This earned the ire of Nicole’s supporters who insisted that Pozon’s ruling was "final and executory." — Evelyn Macairan