Cpl. Daniel Smith GUILTY

[nerbyoso]

sir, hindi ganyan kadali ang interpretation ng batas..definitely may katwiran rin ang RTC for deciding to hold smith within the court's jurisdiction...otherwise matagal ng tapos yang issue na yan ng custody.

ang relasyon ng pilipinas with other countries, hindi lang US ay for mutual benefit..kailangan natin sila at kailangan nila tayo..ang nakikita ko rito lagi tayong talo sa laro natin with US kasi engot tayo sa paghandle ng ganyan mga kaso..hindi bansa ang nauuna kundi pansarili..naku lagot "ako" baka next election wala na akong suporta ng kano.

ilang bilyon annually nakukuha ng israel sa US? pati nga palestine nakakakuha ng foreign aids eh para lang wag silang magulo...mga bansang walang natural resources etc...gaano ba kaimportante ang pilipinas sa US? we are the only christian country here in this part of the world, a democratic country and an ally...they cannot afford to mess with us..

gaano ka-importante sa atin ang US? dyan ba galing ang langis natin? anong produkto nila na mamamatay tayo pag wala? we can turn to japan, china, india etc.

sa opinyon ko lang, malaking kamalian ginagawa natin sa sarili natin.

[empy]

^i dunno. the quote seems very direct and unambiguous to me. was it misquoted or taken out of context? i've never read the VFA.

[creepy]

I think a problem is the perception (one-sided) that the U.S. government treats the Philippines as a "friend". Pinoys have to wake up to the reality na ginagamit lang tayo for their own interest. For them, we are "friends" as long as it is suits their interests.

Once we realize this, we can stand up for ourselves and act with much more self-respect. And not grovel like what Gloria has effectively made our country do in the current situation.

[nerbyoso]

^i dunno. the quote seems very direct and unambiguous to me. was it misquoted or taken out of context? i've never read the VFA.

yes sir malinaw yun...but nicole's camp argues that the crime was committed during the soldiers day off and at an activity not related US forces official function so provisions of the VFA should not apply...tapos meron pang parang implied napag-agree ng US govnt dun sa custody etc.

actually mahina sa aking yung argumento ng nicole camp pero ang point ko dito eh the fact na merong question sa batas or applicability ng batas...na pwede nating gamitin na hindi naman tayo magmukang masyadong timawa...heck, nangyari na ito sa japan..(hindi yung kailan lang, panahon pa ng tatay ko) hindi lang yung marine ang naiwan pati yung buong barko hinold sa harbor.

not sure if thet have a version of VFA pero may mga kaso rin yata sa south america na sine-setup yung GI ng medyo madiskarteng pulis at prosti tapos kakasuhan ng rape..the US govnt ended up paying some sort of ransom..hindi ko sinasabing maganda yun..naikukumpara ko lang sa atin.

[nerbyoso]

I think a problem is the perception (one-sided) that the U.S. government treats the Philippines as a "friend". Pinoys have to wake up to the reality na ginagamit lang tayo for their own interest. For them, we are "friends" as long as it is suits their interests.

Once we realize this, we can stand up for ourselves and act with much more self-respect. And not grovel like what Gloria has effectively made our country do in the current situation.

i agree with you sir, but in fairness naman to the americans, kung tayo naman ang nasa kalagayan nila palagay ko ganun rin gagawin natin...fact is merong kanya-kanyang interest ang mga bansa...china, japan, russia, koreas etc..i guess ang point ko lang eh, we are filipinos and we should play the game of international politics wisely...dapat hindi tayo dehado.

[mazdamazda]

yes sir malinaw yun...but nicole's camp argues that the crime was committed during the soldiers day off and at an activity not related US forces official function so provisions of the VFA should not apply...tapos meron pang parang implied napag-agree ng US govnt dun sa custody etc.

The CA has already ruled that Smith's custody with the US military stays put.

I guess that puts to rest the legality of the said issue.

I think a problem is the perception (one-sided) that the U.S. government treats the Philippines as a "friend". Pinoys have to wake up to the reality na ginagamit lang tayo for their own interest. For them, we are "friends" as long as it is suits their interests.

Once we realize this, we can stand up for ourselves and act with much more self-respect. And not grovel like what Gloria has effectively made our country do in the current situation.

Grovel? We are just implementing the VFA that our Senate ratified a few years ago. It is as simple as that.

Self-interest? Every country is like that - what's new? The Philippines also uses the Americans for their self-interest.

[explorer]

CA dismisses Smith petition for transfer to US Embassy

By Tetch Torres
INQUIRER.net
Last updated 01:31pm (Mla time) 01/03/2007

(2ND UPDATE) THE COURT of Appeals has dismissed the petition filed by a convicted US Marine that he be returned to the custody of the US Embassy, affirming a decision by a local judge to detain him in a facility under Philippine jurisdiction.

At the same time however the 16th division of the appellate court, in its 38-page decision, also declared Lance Corporal Daniel Smith’s petition to be “moot,” citing the “binding” agreement between Foreign Affairs Secretary Alberto Romulo and US Ambassador to the Philippines Kristie Kenney concerning the marine’s turnover to the US Embassy under a treaty that grants US custody of erring American personnel until judicial proceedings against them become final and executory.

Smith, who was found guilty of raping a Filipina last year at the Subic Bay Freeport and sentenced to 40 years in prison, was committed initially to the Makati City jail by Judge Benjamin Pozon.

In its decision, the Court of Appeals upheld Pozon's ruling that the judicial proceedings ended when Smith was convicted at the lower court.

But the court said that it also recognized and respected the authority of the executive as a “co-equal branch of government” when it entered into an agreement with the US Embassy over Smith’s transfer despite Pozon’s earlier decision.

"We are confronted with the latest agreement executed between Foreign Affairs Secretary Alberto Romulo and US Ambassador Kristie Kenny who are authorized signatories to bind state parties to an agreement conformably with the wise observation that the other branches of government are equally the ultimate guardian of the liberties and welfare of the people. We resolve to consider the matter terminated to be moot," the court said.

In a news briefing in Malacañang earlier on Wednesday, Justice Secretary Raul Gonzalez said the Court of Appeal's decision showed that it recognized the government's decision to transfer Smith.

"This is the court speaking that it has become moot and academic. The court took cognizance of the transfer ... It recognized the executive's interpretation of the provision of the VFA," he said.

Gonzalez reiterated the VFA provision, which states that the US government shall have custody of Smith while there is no final ruling on the case.

But Gonzalez added that the Philippines would continue to have jurisdiction over Smith’s case.

[creepy]

Grovel? We are just implementing the VFA that our Senate ratified a few years ago. It is as simple as that.

Yes, GROVEL. It is actually even simpler than that.

The case was pending before the CA and the government was supposed to follow the court's ruling and not act before the CA made a decision. Why did Gloria need to bend over backwards to do this?

If the VFA was valid, legal and constitutional, then it should be implemented accordingly. But it is the Philippine judiciary (not you, not me, not Gloria, not the U.S. Embassy and not George Bush) that should decide if it is and how it should be implemented.

Self-interest? Every country is like that - what's new? The Philippines also uses the Americans for their self-interest.

Yes, the Philippines has to act according to its self-interest and Pinoys have to do away with the naive notion that the U.S. will do something for the benefit of the Philippines out of the goodness of its administration's heart.

[mazdamazda]

The case was pending before the CA and the government was supposed to follow the court's ruling and not act before the CA made a decision. Why did Gloria need to bend over backwards to do this?

If the VFA was valid, legal and constitutional, then it should be implemented accordingly. But it is the Philippine judiciary (not you, not me, not Gloria, not the U.S. Embassy and not George Bush) that should decide if it is and how it should be implemented.

If you just read the news, the CA dismissed Smith's petition because what he was requesting for was already moot & academic since the VFA is already in effect.

Actually, we have already violated the VFA by detaining Smith in the Makati City Jail. Returning him to US custody was the least that our government could do.

Btw, it is the Executive branch who decides on how the law will be implemented as prescribed by the Legislative branch. The Judiciary branch only will intervene if there is a clarification regarding the implementation.

Thus, the government has every right to return Smith to the US custody as per the VFA. It should be Nicole's party who should make the appeal to the CA regarding his custody. It is Smith's right to remain in the custody of the US military until all legal proceedings have ended.

[cutedoc]

no matter how "good" or judicial system maybe, we are bound by the parameters of americans underneath, on talks gma might be exercising a freedom of the phil from usa, however in reality we still need them...

i just find this quote ridiculuos and odd, when asked by reporters where she will go or do after this, maypapakalayo at magbabagong buhay, siguro sa states.

admit it the colonial mentality still exist=)

dito man o sa america ikulong si smith, ang importante me mangyari sa me kasalanan,me nakalaang kaparusahan kahit saan man siya mapadpad.

[creepy]

If you just read the news, the CA dismissed Smith's petition because what he was requesting for was already moot & academic since the VFA is already in effect.

Yup I did read the news. And Gloria had him shipped to the embassy BEFORE any decision from the CA. That's the point!

Actually, we have already violated the VFA by detaining Smith in the Makati City Jail. Returning him to US custody was the least that our government could do.

The least the administration could do was WAIT for a decision from the CA. If there was any violation of the VFA, it should not be you (or me or Gloria or Bush or the U.S. embassy - pasensya ka na kung makulit ako about it) but it ought to be the CA or the Supreme Court that should decide on it and overrule the lower court/s.

That's called due process. That's why the Constitution is there. The courts should RULE on it.

Btw, it is the Executive branch who decides on how the law will be implemented as prescribed by the Legislative branch. The Judiciary branch only will intervene if there is a clarification regarding the implementation.

Sorry, but you're understanding it wrong. The issue of custody was already pending before the CA but Gloria decided to GROVEL anyway.

[HIFI]

Nicole should be more patient. It is not as if Smith is already off the hook.

So quick...in crying out for blood. She makes me want to puke.

[batang_raon14]

Nicole should be more patient. It is not as if Smith is already off the hook.

+1. And at times, there are demands in Nicole's side that just seemed overwhelmingly exaggerated in my opinion. Kasuhan ang Presidente? Yeah, with all the politics involved it's possible. Naconvict nga si Smith dahil dun eh, pero Presidente? Tsk, that's way off the hook IMHO. And if they can do so, well, who knows? That would be an amazing feat, our Madame President (MANNY!) surely did not fall on her alleged cheating for the Presidential seat, so what are the odds?

[Monseratto]

Nakakainis yung naririnig ko sa loko este lokal media. Kala mo kung sino-sino na lang "iniinterview", especially mga leftist politicians (Pimental demanding for the umpteennth time for GMA to resign)...Buti pa si Sen. Lim, in agreement siya sa ginawa ni Gloria.

[Horsepower]

Election is near and he needs all the support he can get. Maybe he likes kissing ass for benefit.

A lot of Filipinos do -but not all.

[oldblue]

I think a problem is the perception (one-sided) that the U.S. government treats the Philippines as a "friend". Pinoys have to wake up to the reality na ginagamit lang tayo for their own interest. For them, we are "friends" as long as it is suits their interests.

Once we realize this, we can stand up for ourselves and act with much more self-respect. And not grovel like what Gloria has effectively made our country do in the current situation.

i think karamihan ng mga bansa ginagamit ng mighty US of A ...
kaya nga weapons race sya. he who has the big guns belongs the spoils.

we can never stand up for ourselves. that's our grim reality. hell, our military pilots can't even land donated planes and helicopters.

if oil in palawan or in mindanao turns out to be worthy for export, I'd want the Americans to take over. it would be futile to do otherwise.

[oldblue]

Yung katangahan ng Inquirer knows no bounds...


Does this mean that any legal proceedings from the trial court level up to the Supreme Court are not "judicial proceedings"?

Ano ba ibig sabihin ng word na "all"?


No law is perfect, that's why even constitutions can be amended. The fact remains that the Nicole incident happened under the present set of laws. The need to correct abovementioned inequity must be satisfied... however, it should not prejudice the concept of double jeopardy (the right of any person to not have any law applied to themselves retroactively - which, by the way, is enshrined in OUR constitution).

To invoke the above quoted item in the present would be the same as saying:
12% VAT pala dapat e, dapat mag-collect tayo ng extra 2% from when nag-umpisa ang 10%VAT, tapos 12% noong wala pang VAT... ad nauseum to the time of Rajah Soliman. Now who would want that?

So this time, Smith goes back to the US Embassy. In the future, if ever may re-negotiated VFA, someone like Smith would stay in Makati City Jail. Ganun lang po ka-simple yan. Wag po tayo mag-succumb to mob rule.

wow ang galing-galing mo naman sir flagg. napabilib mo ako dyan sa sinabi mo

2 things I hate about this country: mob rule and biased media! everything else I like. even an inconsistent President who gets fickle-minded * times only bec. she is only thinking for the greater good!

[chua_riwap]

From Mon Tulfo's Jan. 5 PDI column:


"Ask people who have followed the much-publicized rape case from start to finish, most of them will tell you “Nicole” was never raped. How could there have been a rape when she willingly took off her tight-fitting jeans? If she was forced into involuntary ***, her pants would have been torn off. There was no way her supposed rapist could have taken off her pants in the cramped space of a moving van without her help. And why did the “rapist” have to wear a condom? She claims she was too drunk at that time for her to have agreed to have *** with the American. But so was Smith, who is younger than Nicole."

[Horsepower]

Stupid "journalist".

Lasing nga e. Although only dickless guys f*ck drunk women. Sobrang dali lang magtanggal ng tight fitting jeans. You don't even have to exert too much effort. Hips are bigger than the legs so of course, it's way easier to pull down than to pull it up. To Don Juans out there, you know what i'm talking about.

Starex is definitely far from being cramped, sobrang luwang ng Starex. Nakasakay na kaya sa Starex yan??

Rapists wear condom to avert transfer of sperm which can be then used as evidence in court. And mind you, this is just one of the many cases of US Soldiers raping women wherever they go. It seems, these dogs are always hungry for p*ssy and would hump anything that moves.

If i'm gonna do a crime, of course i'd make sure nothing would point to me. Only a moron would think otherwise.

[Jun aka Pekto]

Stupid "journalist".

Lasing nga e. Although only dickless guys f*ck drunk women. Sobrang dali lang magtanggal ng tight fitting jeans. You don't even have to exert too much effort. Hips are bigger than the legs so of course, it's way easier to pull down than to pull it up. To Don Juans out there, you know what i'm talking about.

Starex is definitely far from being cramped, sobrang luwang ng Starex. Nakasakay na kaya sa Starex yan??

It is a minivan. So there's definitely room, even with a full load of passengers. These GI's probably got the idea from p0rn clips (I've seen) of men in minivans cruising around and picking up a hooker. After doing the deed, they'd trick the woman to get off the van and then just leave her behind in the middle of nowhere. Hmmmm. Seems awfully similar to Nicole's account although I doubt Nicole was playing the part of a hooker.

But, the tight jeans part...... I'd have to diagree. It's not easy to take off a pair of tight-fitting jeans, even with a willing wife. Maybe I'm just clumsy.