Cpl. Daniel Smith to be Kept in Philippine Facility but Visiting Forces Agreement Upheld
Current Events, Law, Politics
According to the Supreme Court, convicted rapist U.S. Army Marine Cpl. Daniel Smith should be jailed in a Philippine facility “agreed on by appropriate Philippines and United States authorities” after his conviction for raping a Filipina was sustained.
Recall that in late 2006 and early 2007, Smith was the subject of a diplomatic tug-of-war between Philippine judicial authorities and the U.S. over his detention in a local jail. Bowing to American pressure, he was subsequently handed over to embassy officials by the Arroyo government. He was detained in the U.S. embassy compound while his appeals were pending.
But the decision in the consolidated cases of “Suzette Nicolas y Sombilon (a.ka. “Nicole”) vs. Secretary of Foreign Affairs Alberto Romulo et. al. (G.R. No. 175888), Jovito Salonga et. al. vs. L/Cpl. Daniel Smith et. al. (G.R. No. 176051) and BAYAN, GABRIELA et. al. vs. Gloria Macapagal-Arroyo et. al. (G.R. No. 176222)” has some parties in a snit, particlularly those who used the rape case as a vehicle for questioning the constitutionality of the Visiting Forces Agreement. Sorry guys, but the S.C., voting 9-4, says that the VFA is constitutional. In the words of the Court: “The Visiting Forces Agreement (VFA) between the Republic of the Philippines and the United States, entered into on February 10, 1998,is UPHELD as constitutional but the Romulo-Kenney Agreements of Dec. 19 and 22, 2006, are declared not in accordance with the VFA. ” The Romulo-Kenney agreements pertain to the transfer of Smith to the custody of U.S. authorities. Read the rest of this entry »



