American confluence

While there’s no denying that the United States continues to have strong ties with the Philippines and has considerable influence on many aspects, more likely than not, it was not necessarily American influence that led to the Court of Appeals decision to acquit US Marine Daniel Smith of rape charges, but a confluence of events.

The 71-page decision penned by CA Associate Justice Monina Zenarosa summed it by saying there was no evidence of force, threat or intimidation — elements of the crime of rape under Article 335 of the Revised Penal Code. The CA judges noted “discrepancies and inconsistencies” which cast doubts on the rape claim of Nicole. Also taken into account was the behavior of both Nicole and Smith which indicate mutual attraction that might have led to a spontaneous and unplanned “romantic episode” between the two.

Some groups that disagree with the acquittal note a certain irony at the fact that the judges who overturned the rape conviction by the Makati Regional Trial Court were all women. But the fact of the matter is, an earlier informal survey showed that a lot of women did not believe Nicole was raped. On the contrary, many Filipinos think she had no inhibitions, dancing and drinking in a bar with someone she barely knew from Adam — which they say goes against the image of a simple provincial lass that the prosecution tried to project.

 As succinctly observed by many, the CA decision was the logical conclusion of events which effectively culminated when Nicole virtually admitted there was no rape when she submitted her affidavit of recantation a month ago. Although the CA judges reportedly excluded the affidavit in making their ruling, there’s no denying its psychological effect on the case since it really cast doubts on the woman’s motivation and put into question the authenticity of her claims. In a way, the recantation must have made it easier to decide for an acquittal since its presence deflected a potential firestorm from many anti-American groups who saw the rape case as another reason to condemn the Visiting Forces Agreement.

 But some people are so angry they even go so far as to say Nicole should be charged with perjury and condemned for wasting two years of Filipinos’ time and taxpayers’ money. As it is, public opinion has turned, with outrage now directed at Nicole even by her previous supporters, who feel they were taken for a ride and used as unknowing tools. Let’s face it — the “US visa factor” may have influenced her decision for the recantation.

 The US Embassy whisked off Daniel Smith to freedom the minute the decision came down from the CA. He’s probably back in his hometown in Saint Louis, Missouri trying to “move on” with his life and forget this nightmare which, like Nicole, would most probably haunt them for the rest of their lives. Naturally, the Subic rape case is only one of the reasons why the US opposes the International Criminal Court. Americans may dislike sending their troops to war in foreign shores, but they certainly don’t want to see their soldiers being used in frivolous and politically motivated cases filed by those who want to put America on the spot.

Though reporters camped out outside the Embassy, no one saw Smith come out, so the American was probably spirited out through a secret passage which was used during the Japanese occupation in World War II. No doubt US Ambassador Kristie Kenney played a major role in the resolution of this case. The Ambassador will be leaving soon with a feather in her cap, with the Daniel Smith case becoming part of her successful record as a diplomat.

During Queen Elizabeth’s birthday celebration at the residence of British Ambassador Peter Beckingham last Thursday, Foreign Secretary Bert Romulo noted during his toast that if the British had stayed longer instead of two years (from 1762 to 1764 in what is known as the “British invasion of Manila”), the Philippines could have been a commonwealth of the United Kingdom. Had that happened, who knows what would have been the outcome of this Nicole-Daniel Smith case.

But one thing is clear — this episode shows that the provisions of the Visiting Forces Agreement should definitely be redefined. American military personnel should be reminded that they are here to do a specific job and not to engage in R&R. So it is best that they are confined to their quarters and limit their contact with locals. Aside from the issue of jurisdiction, there should also be a review of the manner by which US soldiers are allowed into the country. Under the VFA, American personnel have special privileges like coming into the Philippines without any visa requirements.

 The “visa factor” may have influenced this case via the recantation of Nicole, so in the same token, American personnel should be required to get a pass or a “visa” before they are allowed to leave their camp. And the minute they’re out, they should be treated like any other tourist with no special privileges, so that if anything happens while they’re outside, they will be subjected to Philippine laws like any other Filipino citizen. This is probably the only way to avoid a repeat of the Nicole-Daniel Smith case. Something like this should never ever happen again. This contentious issue could have developed into something far more serious that could have destroyed the strong friendship of two longtime and close allies.

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