Women’s group hits CA ruling on Smith transfer

The militant women’s group Gabriela condemned yesterday the decision of the Court of Appeals (CA) upholding the legality of the transfer of rapist US Marine Lance Corporal Daniel Smith from the Makati City Jail to the custody of the United States embassy.

In a statement, Gabriela spokeswoman Joms Salvador said the CA’s decision is a surrender of Philippine sovereignty to the US.

"The just decision, the right decision would have been to uphold the sovereignty of the Philippines and that would mean the imprisonment of the rapist Smith in Philippine jail," Salvador said.

In a 12-page decision penned by Associate Justice Ricardo Rosario, the CA’s 12th division junked the appeal of the 23-year-old Filipina rape victim of Smith to issue a warrant of arrest against the American soldier so that he could be returned to the Makati jail.

"The appellate court decided that Smith’s transfer is legal based on an agreement between the Department of Foreign Affairs (DFA) and the US embassy," she said.

Salvador noted that in December last year, then Makati Regional Trial Court (RTC) Judge Benjamin Pozon convicted Smith for raping the Filipina known only as "Nicole" at the Subic Bay Freeport on Nov. 1, 2005 and sentenced him to life imprisonment in any Philippine jail to be agreed upon by the Philippine and US governments.

"This Court of Appeals decision goes against the very integrity of Judge Pozon’s decision to uphold both the rule of law and Philippine sovereignty. It is deplorable how the US government influences the country’s judiciary, as exemplified by the higher Court’s decision," she lamented.

Salvador said the CA’s decision is "akin to declaring (that) US soldiers in the Philippines can rape Filipinas without fear of retribution." – Jose Rodel Clapano