Verdict hailed but others ‘half-satisfied’

The Philippine Star 12/05/2006

Women's groups celebrated their court victory while lawmakers and Malacañang hailed the conviction yesterday of a US Marine and the acquittal of his co-accused on rape charges.

But there were ordinary people who were not fully satisfied with the verdict of the Makati Regional Trial Court, which convicted US Marine Lance Cpl. Daniel Smith and acquitted three other Marines.

Makati Judge Benjamin Pozon found Smith guilty of raping the victim, Nicole, and sentenced him to 40 years in prison. Staff Sgt. Chad Carpentier, Lance Cpl. Keith Silkwood and Lance Cpl. Dominic Duplantis were acquitted.

Tita Abad, a 63-year-old housewife from Pandacan, Manila, said she was not satisfied because only Smith was convicted.

Banana vendor Neng Tupra of Sampaloc, Manila said the three other Marines should have also been convicted.

"They were also inside the van and they tolerated what was done to Nicole. Why did they do nothing to stop Smith? The three should also be punished," Tupra said.

Police Office 3 Michael Suelan of the Manila police said although he was unhappy that only one was found guilty, we have to respect the decision of the court.

"At least there was one person who was held responsible for the rape. If Smith was the only one who was punished, perhaps it was because he was the only one guilty. Let us just respect the verdict of Judge Pozon," Suelan said.

Jose Pangilinan, 58, a jeepney driver in Quiapo, said the conviction of Smith should serve as a lesson to American soldiers to respect Filipino women and think twice before taking advantage of them.

Social Welfare Secretary Esperanza Cabral was glad that justice had been served.

Cabral assured the victim Nicole that social workers will continue to help the victim to move on since the case is expected to be elevated to the Supreme Court.

Hundreds of activists supporting the rape victim celebrated their "victory" outside the courthouse.

The demonstrators, mostly belonging to the feminist group Gabriela, were chanting and singing "Bayan Ko" and waved a banner that read: "Justice for Nicole, justice for our nation. Scrap VFA."

Emmi de Jesus, Gabriela secretary general, said it is not enough that Smith was convicted,

"Though we welcome the guilty verdict, the exoneration of Silkwood, Carpentier, and Duplantis more than offsets such a verdict. It would not even surprise us if Smith is given a presidential pardon or is smuggled out of the Philippines back to the US. We, the people should ensure that crimes committed by US and foreign troops in the archipelago are rendered with commensurate justice," she said.

Party-list Rep. Liza Maza of Gabriela who also attended the promulgation, said unless the VFA is abrogated, there will be no justice for Nicole.

Senate President Manny Villar said the court ruling relieved the country from charges that we cannot render a fair and partial trial.

"We should bow to the decision of the court, which weighed the evidences put forward by the contending parties and rendered a verdict based on the applicable rules on evidence. Let us respect the decision of the court, for once again the rule of law has triumphed.

Easter Samar Rep. Marcelino Libanan said the verdict of Judge Pozon showed that the justice system in the country is alive and well.

Robin Pettyfer, a Canadian businessman, said the verdict is fair and based on the merits of the case.

"It looks like the Philippines acted independently and outside the influence of the US and the Philippines should be commended," Pettyfer said. - Sheila Crisostomo, Rhodina Villanueva, Christina Mendez, Delon Porcalla, Patricia Esteves

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