Judge in Subic rape case on shortlist for CTA post

MANILA, Philippines - The Makati regional trial court (RTC) judge who convicted US Marine Lance Corporal Daniel Smith of the rape of “Nicole” in 2006 has been shortlisted by the Judicial and Bar Council (JBC) for the top post in the Court of Tax Appeals (CTA).

Makati RTC Branch 139 Judge Benjamin Pozon made it to the JBC shortlist for the position that will be vacated by CTA Presiding Justice Ernesto Acosta, who is set to retire on Dec. 21.

Pozon was the judge who tried the controversial rape case against Smith and other US soldiers. His decision for Smith’s conviction, however, was reversed by a three-woman division of the Court of Appeals in April 2009.

Pozon got the approval of seven of eight members of the council tasked to vet nominees to appointive posts in the judiciary and the Office of the Ombudsman in voting yesterday.

Three others made it to the shortlist to be submitted to President Aquino – CTA Associate Justices Lovell Bautista and Juanito Castañeda Jr., and Asst. Solicitor General Roman del Rosario. Bautista topped the list with eight votes while Del Rosario and Castañeda got seven and six votes, respectively.

The four final nominees were chosen from initial list of seven bets interviewed by the JBC last Nov. 12.