Press Release
February 16, 2009

Pia: Suspend VFA until convicted US soldier-rapist
is taken under RP custody

Senate opposition member Pia S. Cayetano today said she is willing to support the suspension of the Visiting Forces Agreement should Malacañang continue to defy a recent ruling by the Supreme Court's placing convicted rapist Lance Cpl. Daniel Smith under the custody of Philippine authorities.

Cayetano, a lawyer and member of the Legislative Oversight Committee on the Visiting Forces Agreement (VFA), said the hesitation shown by the Department of Foreign Affairs (DFA) to take custody of Smith despite the High Court's ruling once more exposes Malacañang's contempt for the rule of law.

"The text of the VFA (under Article V) is unequivocal on Philippine jurisdiction over visiting US military personnel convicted of violating our national laws. Moreover, the High Court's ruling made it clear that Philippine authorities should have custody over the convicted rapist Smith."

"But why is the DFA dragging its feet in demanding for Smith's transfer? Why has it not issued any statement to inform the public that they'll comply with the Supreme Court's decision?" asked the lady senator, in reaction to news this morning quoting DFA Spokesperson Bayani Mingibin as saying that the government won't rush negotiations, just because the Supreme Court ruling did not set a specific time frame.

"What? Our government is in no hurry to enforce our very own laws?" she said of the DFA's justification. "What kind of a message is the Executive Branch sending to our people? Frankly, I think it's a lame excuse, probably in anticipation of new backdoor negotiations over Smith's custody or pending his lawyers' appeal to the High Court."

Cayetano, a staunch women's rights advocate, cited the 1995 Okinawan rape case in Japan where three US servicemen were convicted of kidnapping, assaulting and raping a 12-year-old 6th grade Japanese girl.

"In this case, the American soldiers all pleaded guilty to get the minimum jail sentence and agreed to pay reparation to the victim. They served and completed their prison terms in a Japanese jail. The US government tried to secure custody but eventually gave up, owing to the growing uproar among the Japanese people against the continued presence of US forces in Japan."

"But it's simply pathetic that in our situation, the Philippine government has refused to take a strong stand in a precedent-setting case, clearly won in favor of the Filipina victim. Malacañang's vacillation once more showed its disrespect for the rule of law and in upholding the national interest."

Cayetano stressed that she is ready to support the proposal of the Co-Chairs of the Legislative Oversight Committee on the Visiting Forces Agreement, Sen. Miriam Defensor-Santiago and Rep. Antonio Cuenco (2D, Cebu City), to submit an official notice to the Philippine government recommending the suspension of the VFA and the "Balikatan Exercises" pending the final resolution of the custody issue.

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