VFA review at this time may jeopardize Subic rape case — Pimentel

Senate Minority Leader Aquilino Pimentel Jr. expressed disagreement yesterday with a proposal by his colleagues to review the RP-US Visiting Forces Agreement (VFA), saying it could prejudice the ongoing rape case against four American servicemen.

Pimentel clarified that while he agrees that the VFA needs to be reviewed, the timing is not right.

"It may not be timely to review the VFA while the rape case against the American servicemen is undergoing court litigation. If we will do that, the government’s efforts to prosecute and convict the rape suspects may be jeopardized," Pimentel said.

Prosecutors allege that Lance Cpl. Daniel Smith raped a 22-year-old Filipino woman Nov. 1 inside a van at Subic Freeport as fellow Marines cheered him on. Smith claims he only had consensual sex.

Also charged were Lance Cpl. Keith Silkwood, Lance Cpl. Dominic Duplantis, Staff Sgt. Chad Carpentier and Timoteo Soriano, the Filipino driver of their rented van. The Marines are part of the 31st Marine Expeditionary Force stationed in Okinawa, Japan.

Pimentel explained that a review and renegotiation of the treaty may result in certain legal constraints and prolong the trial beyond the one-year period prescribed under the VFA.

Congress, through the Legislative Oversight Committee on the RP-US Visiting Forces Agreement, submitted a resolution calling for the abrogation of the treaty in order to pave the way for its renegotiation.

Pimentel said the Philippine government could still do something to gain custody over the four accused American soldiers.

He argued that the four accused could be taken into Philippine custody once they are arraigned before the Olongapo City Regional Trial Court.

Pimentel said that the success of this effort will depend on the determination of the government, through the Department of Justice and Department of Foreign Affairs.

According to Pimentel, it is up to the government whether "it wants to uphold Philippine sovereignty or allow a remnant of a colonial relationship with the US to continue."

As to suggestions by some sectors that President Arroyo personally ask US President George W. Bush to grant custody of the accused, Pimentel said this would not prosper.

Pimentel said Bush was still "disgusted" by Mrs. Arroyo’s decision to pull out the Philippine contingent in Iraq in exchange for the release of a kidnapped Filipino truck driver in 2004.