MANILA (Mindanao Examiner / 13 Dec) – A Filipino court on Wednesday denied a petition of convicted U.S. Marine Daniel Smith to be in custody of U.S. authorities.
Smith was found guilty December 4 of raping a Filipina last year at the Subic Bay Freeport in Olongapo City. Judge Benjamin Pozon, of the Makati Regional Trial Court, denied the petition, saying, it lack merit.
Smith, who was sentenced to 40 years in prison, remains at the Makati City Jail. The U.S. Embassy said the decision of the court reflects a misunderstanding of the nature of Philippine obligations under the terms of the Visiting Forces Agreement (VFA) during judicial proceedings.
The Visiting Forces Agreement is an international bilateral agreement that is binding on both the United States and the Republic of the Philippines. An appeal is being filed in the appropriate court seeking to return Smith to U.S. military custody at the U.S. Embassy.
The U.S. Embassy, in a statement sent to the Mindanao Examiner, quoted Article V, Paragraph 6 of the Visiting Forces Agreement that specifies: ”The custody of any United States personnel over whom the Philippines is to exercise jurisdiction shall immediately reside with United States military authorities, if they so request, from the commission of the offense until completion of all judicial proceedings.”
It said Smith is not a private citizen, and therefore the handling of his case is subject to the terms of the VFA. “Continued U.S.-Philippines military cooperation relies upon adherence to the VFA, which provides a clear framework for the legal status of visiting U.S. service members,” the statement read.
The Departments of Justice and the Foreign Affairs said the U.S. should retain custody of Smith until the end of judicial proceedings. “The U.S. is committed to upholding the VFA, and we will continue to work with the Philippine government to help bring it into compliance with its obligations under that agreement,” the embassy said. (Mindanao Examiner)
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