Questions and
answers on the VFA

Women's groups have been protesting in front of the US Embassy since last week, among them Gabriela, the Coalition Against Trafficking in Women-Asia Pacific, Womenhealth and the Women's Crisis Center. If women's groups and other Filipinos do not heighten their protest, there is a prevailing concern that the rape of a young Filipino woman by 6 soldiers of the US Marines could be swept under the rug in the name of good relations with a super power. Whatever some people say, the US will protect its own.

The City Prosecutor of Olongapo City has served the subpoenas to 6 soldiers of the U.S. Marines for conspiring in the rape of a 22-year-old woman from Zamboanga City who was vacationing in Olongapo City last week. The American soldiers are not in our jail but in the custody of the U.S. Embassy. It is clear from the statements of US Embassy officials that the accused will remain under custody of the US until the judicial proceedings are terminated. The exact location of the accused are not disclosed, but the US Government will produce them for the investigation and during the trial. Since the accused will be held by the US only for 365 days, the prosecutors better not lose time in investigating the case.

An American who is married to a Filipina in the US wrote me an email saying that if the marines are guilty they should be punished. But the Americans do not trust the judicial system in the Philippines because it is corrupt. I say, if it is corrupt (and this has some truth to it), then that works in their favor, because it is the accused who have the money in dollars, and not the complainant. Another American wrote me saying rape should not be tolerated, but we (he means me) "leftists" should stop using this issue for our own agenda. He says that leftists (and he included me) want to junk the VFA ( I do too) for their own purposes, and that they do not care about the rape victim at all.

The worst email I received was from a male Filipino living in the US, written in Tagalog, saying that there may have been no rape at all. The man didn't seem to know enough English to put an argument across, but he obviously like being in America and takes the sides of the 6 marines. I did not reply to the one written in Pilipino, because it wasn't worth my time, plus I am a poor writer in Tagalog, which is not my first language. The good thing is, it means that people here and in the US are aware of the problem, and there are some good Americans out there who condemn the rape as well.

At the heart of the rape case of the young woman is the Visiting Forces Agreement, this agreement which gives to the US the power to remove the 6 accused from our judicial system if they want to. Here are some questions and answers about the VFA.

Q: Why are the 6 marines in the custody of the US Embassy?

A: Because they VFA provides that the US Government can take them into custody immediately after the commission of a crime, if it requests our government. All that the US has to do is to make a request to the Department of Foreign Affiars,.

Q: What is meant by "US custody?" Does this mean that the accused will be in the Philippines but under US custody?

A: The US Government can interpret it to mean that under US custody means they are responsible for the accused but they can be located in other countries, such as Okinawa, where the US also has a military contingent.

Q: Who has jurisdiction over rape cases committed by personnel of the US Government who are here on military exercises?

A: Primary jurisdiction over rape cases is with the Philippine Government. However, since rape is also a felony in the US, then the Philippines has primary but not exclusive jurisdiction. The Philippines has exclusive jurisdiction only over crimes which are not punishable in the U.S.

Q: How can the U.S. take jurisdiction over a rape case?

A: The US Government can request the Philippines to waive its primary jurisdiction so that the accused can be charged and tried in the U.S.

Q: What happens if the US Government requests for a waiver of primary jurisdiction?

A: The Philippines cannot refuse the request except if exceptional cases. ( In my opinion, rape is not an "exceptional case" ). So far, it is not known if the US requested for a waiver of primary jurisdiction or not.

Q: How long are the accused going to be under US custody?

A: For one year. After one year and the trial is not over, the accused can be allowed to leave the Philippines.

Q: What if they are convicted in less than one year and then they file an Appeal. While the Appeal is ongoing, the one year period from the date the subpoena was served has lapsed?

A: The VFA states that the US will hold them in its custody only for one year. After that, they will allow the marines to leave the Philippines or return to the U.S.

Q: You mean that during the trial, they will not be in the Olongapo city jail but in the US Embassy's custody?

A: Yes.

Q: What are some of the things that the US Government can do to the marines?

A: Court martial them. They will be dismissed from service if found guilty. *

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