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US marine convicted in Subic rape; 3 others acquitted


Here’s Inquirer Online’s account of the verdict on the Subic rape case:

By Tetch Torres
INQ7.net
Last updated 07:12pm (Mla time) 12/04/2006

ONE of four US Marines accused of raping a Filipina in Subic last year was found guilty while three others were acquitted by a local court Monday.

Lance Corporal Daniel Smith, 21, from St. Louis in Missouri, faces up to 40 years in prison following the verdict handed down by Judge Benjamin Pozon of Branch 139 of the Makati regional trial court (RTC).

He was also ordered to pay P50,000 in compensatory and P50,000 in moral damages.

Meanwhile, the court acquitted Lance Corporals Keith Silkwood and Dominic Duplantis and Staff Sergeant Chad Carpentier for lack of evidence.

Pozon ruled on the case 23 days before the one-year deadline under the Visiting Forces Agreement to finish the case or return the Marines to US jurisdiction would have expired.

“Nicole,” a court-appointed pseudonym, had accused Smith of raping her at the Subic Bay Freeport on Nov. 1, 2005 while the other three allegedly cheered him on.

Smith had claimed that the sex act was “consensual.” Instead, he became the first American soldier to be convicted of wrongdoing since the Philippine Senate ordered US bases shut down in the early 1990s and joint training was established under a treaty, the Visiting Forces Agreement, in 1998.

Attorney Ricardo Diaz, Smith’s lawyer, appealed to the court that his client be allowed to remain in the custody of the US embassy while his case was being appealed but Judge Pozon denied the lawyer’s motion twice.

“Rape as a harrowing experience is not remembered in detail. It casts a stigma upon the victim. Rape is a grave physical violation and it subjects the woman’s honor to scorn,” said the lengthy verdict, read by a court employee as the proceedings were televised live nationwide.

In his ruling, Pozon gave credence to the testimony of Gerald Muyot, the security guard from Neptune Bar who had witnessed Smith carry “Nicole” on his back out of the bar.

The court also took note of the testimony of Joseph Khonghun, who saw Smith and Silkwood unloading “Nicole” out of the van to the Alava pier where they left her.

“This court has no reason to doubt the foregoing testimonies of said witnesses…Evidence clearly showed accused Smith took advantage of the intoxication of the complainant in perpetrating the subject felony. So, even though there was no direct evidence to show that the crime of rape was committed, the circumstantial evidence shows otherwise,” the court said.

It noted that:
• He was the one who danced last with Nicole;
• He brought the complainant out of the bar on his back;
• He loaded the complainant to the van;
• He occupied the backseat of the van with the complainant;
• He was the one on top of the complainant while inside the van;
• He admitted having carnal knowledge of the complainant;
• Smith, together with Silkwood carried the complainant out of the van;
• The complainant felt pain in her private part;
• Realizing that she was raped, “Nicole” tried to look for Smith at the bar;
• The complainant revealed the sexual assault although not immediately to the guard at the Neptune Bar, to her sister Anna Franco, the doctor who examined her;
• Examination of the complainant showed that she suffered contusions consistent with sexual assault;
• The complainant’s vagina elicited unusual tenderness upon examination;
• Her underwear had seminal stain;
• The condom also had seminal stain;
• The seminal stain from the underwear and condom were confirmed to match Smith’s DNA.

“All these taken into account, the Court is morally convinced that Smith committed the crime charged. He admitted having sexual intercourse with the complainant whom he knew was intoxicated…thus she could not have consented on the bestial acts of the accused,” the court said.

“Thus, a severe penalty is meted out by this state, as parens patriae [father of his country] on this advert crime, to protect the women against the bestiality of persons who cannot control their libidos,” it said.

“The prosecution having presented sufficient evidence against Smith, also from the US Marine Corps, this court hereby finds him guilty beyond reasonable doubt in the crime of Rape and hereby sentences him to suffer him of reclusion perpetua…Pursuant to the Visiting Forces Agreement, accused Smith shall serve his sentence in the facilities hereafter agreed upon by the US and Philippine government. Pending agreement, Smith is hereby temporarily admitted to the Makati city jail,” the court ruled.

As for Carpentier, Silkwood, and Duplantis, the court said they could not be held as principal via indispensable cooperation, accessories, or accomplices.

“The act of Smith can be committed without the acts of Carpentier. Besides he did know of Smith’s plan. For Silkwood, the prosecution failed to present evidence that he knew what was happening at the backseat of the van,” the court ruled.

“While there was evidence that someone was uttering “f—, f—…coming, coming” there was no sufficient proof who said those words,” the court added.

“In so far as Duplantis, he did not perform separate act that could induce Smith in committing the crime subject of this case. He did not perform any act within which could lead to Smith performing such act committed to this case. He may be the one who uttered the words “f—, f—” and “coming, coming” but there was no direct evidence that he said those words. He did nothing but sit inside the van and perhaps watch what Smith was doing,” the court said.

“Likewise accused Carpentier, Silkwood, and Duplantis cannot be considered as accomplices of accused Smith for they do not know beforehand the carnal knowledge of Smith. There was no showing that they cooperated with the plan of smith,” the court said.

The court added that the three accused could not also be considered as accessories for they did not profit in the commission of the crime or tried to conceal the evidence of the crime.

“Wherefore, premises considered, due to the failure of prosecution to present evidence, Staff Sergeant Chad Carpentier, Lance Corporals Keith Silkwood and Dominic Duplantis, all of the US Marine Corps are hereby acquitted of the crime charge,” the court said.

From the court, the three had been ordered immediately released.

Some cheers and applause broke out in the courtroom, and “Nicole” began weeping as supporters embraced her.

“Thank God,” she said, as her supporters, shouting, “Jail all the rapists…Huwag palabasin ‘yang mga yan [Don’t let them out],” tried to block the four Americans who were escorted out of the courtroom.

Smith, wearing a grey suit and trying to keep a poker face, tried to evade “Nicole’s” supporters by sneaking past the three other servicemen.

Security personnel deployed by the US embassy shoved “Nicole’s” supporters aside as Makati police moved in to prevent the confrontation from escalating. The American security men then surrounded the four Marines and whisked them out of the courtroom.

Television footage however showed Carpentier emerging from the court straightening his tie, which a supporter of “Nicole” had apparently succeeded in grabbing.

In a separate interview on GMA Network’s QTV-11, “Nicole” said she was “happy” with the verdict.

She also praised Pozon for ordering Smith to be sent to the Makati City Jail instead of handing him back to American custody.

When asked whether she could forgive Smith, “Nicole” was uncertain, simply saying, “God is good.”

It was unclear whether Smith would serve the sentence in the Philippines or elsewhere. He also could appeal the verdict.

The other Marines backed up Smith’s testimony, denying any wrongdoing, and were freed.

About 100 protesters gathered outside the courthouse, chanting and singing “Bayan Ko” — “My Country” — a popular nationalist song. They waved a banner that read “Justice for Nicole, justice for our nation. Scrap VFA.”

As a van dropped the Americans off and they were escorted by 50 helmeted riot police toward the court, members of women’s group came up from behind yelling, “Convict, convict! Justice, justice!” as they raised anti-US posters.

Evalyn Ursua, lawyer for the alleged victim, said acquittals could only be challenged under “exceptional circumstances” under Philippine law.

“Generally, an acquittal results in a final judgment,” Ursua said.

The four Americans had just taken part in joint military exercises.

Diaz said earlier in the day that his client would appeal a guilty verdict.

The four-month trial, which ended on October 5, unleashed a wave of anti-American protests and demonstrations outside the US embassy and around Manila.

It led to calls from the opposition for the abolition of the VFA.

While the agreement protects soldiers from prosecution during exercises, it is less specific when it comes to crimes committed while on leave.

One controversial provision allowed the US embassy here, instead of the local police, to have custody of the four defendants during the trial, which adjourned in early October.

Ursua said she would immediately ask the court to transfer custody of the defendants to Philippine authorities in case of a guilty verdict.

Not since the 1960s has a criminal case involving US servicemen created so much bitterness and anti-American feeling than what is popularly referred to as the Subic Bay rape case.

For many it has revived memories of the “ugly American” when US servicemen stationed in the Philippines were frequently accused of bad behavior and, it is claimed, literally got away with murder in some cases.

Filipinos have long been accustomed to the presence of US troops in their country.

There were some 20,000 US servicemen at Subic Naval Base, then the repair and supply yard of the Japan-based US Seventh Fleet, and the Clark Air Base, home of the 13th US Air Force, before they and a handful of smaller facilities were handed over to the Philippines in 1992.

Washington installed the bases shortly after winning control of the Philippines from Spain in the Spanish-American War of 1898.

The Philippines won independence in 1946 and a year later the US signed a military bases agreement with its former colony allowing US forces use of Subic, Clark and 19 other smaller facilities for 99 years.

With reports from Thea Alberto, INQ7.net; Tess Cerojano, AP; GMA Network

Published inGeneral

239 Comments

  1. vic vic

    Although the verdict of Guilty as charged against the principal was rightly arrived, the acquital of three co-accused will again revive the debate if justice is really fair considering the Three others were as criminal justice is understood were complicits or could have prevented he crime from happening. Now they are free and the court ruling even pronounced them as innocent bystanders, which they were not. for Nicole a vindication for some of the Negative comments from other quarters who seem until today, have never understood the violation of Human dignity, the trauma and the humiliation of the Crime of Rape..

  2. Statement of Sen. Rodolfo Biazon:

    The VFA is Working!

    The VFA works. This is the first time that the VFA is being tested at this level.

    Following the verdict, the next contentious issue is in regards to the manner of confinement. The manner of confinement is prescribed under Article V of the Visiting Forces Agreement – Criminal Jurisdiction, Para 10 provides, “The confinement or detention by Phil authorities of US Personnel shall be carried out in facilities agreed on by appropriate Phil and US authorities. US personnel serving sentences in the Phil shall have the rights to visits and material assistance..I assume from their relatives and from their government.”

    This had been mentioned in the ruling of the court. It practically lifted this Para 10 Art V of the VFA in rendering their sentence.

    How Smith is going to be confined..where Smith is going to be confined.??? Will there be a special consideration in the manner of confinement?

    I would assume since the crime had been committed in the Phil against a Filipino citizen, under Phil courts and under Phil law, I would assume that the confinement will be here in the Philippines. Smith was tried in Philippine court, under Philippine laws, a crime against a Filipino citizen committed in Philippine soil.

    The VFA Commission of the Executive Dept and I would suppose, it would be the Dept of Foreign Affairs, the Dept of Justice that would be in the forefront of this discussion with the authorities of the USA. This is the committee that would tackle any controversies on the manner of confinement of Smith.

    The LOVFA, the Legislative Oversight Committee of the VFA will be monitoring should there be an argument.

    The final resolution of this issue will come after a final agreement on the manner and the location of the confinement of Smith.

  3. Statement of Sen. Ralph Recto:

    Given the notoriety of our prisons, his jailors should see to it that no harm should befall on Daniel Smith because if something bad will happen to him, the pendulum swing of public sympathy will shift to him and away from Nicole.

    The next thing on the dock will be our prisons, if we are indeed capable of treating prisoners well regardless of their nationality. Treat Daniel well or one billion people will soon be watching his mother bawling over the plight of his son in Oprah.

  4. chi chi

    It’s evident of the country’s compromise justice system.!

    The three were acquited because they just enjoyed watching from the sidelines while Nicole was being raped by their colleague? Where is complicity? Yes, Vic. They could have held their friend back from raping this poor girl. They are definitely accountable for what happened and must go to jail like the physical rapist.

    I personally don’t believe that the three others did not touch Nicole! Something is rotten with this court ruling.

  5. soleil soleil

    you hit the botton ms Ellen….not only that but the human rights commission international arm will surely be at this admin’s neck and a whole bag of worms will come tumbling out…inhuman prison cell conditions, human rights, minors together with hardened criminals, under-manned prison cells nto to mention incompetent personnels manning these institutions, etc etc etc…pandak will surely make a brenda-reenacment (minus the hitting of course hehehe, she wouldnt want to look more cheap then usual)…
    i may look insensitive to the issue, but i think this issue could be carried out in the manner that life must go on for everyone involved as they are all still alive and well and move on. BUT for the people in Bicol who lost EVERYTHING, no amount of words can measure or even gauge the anguish that these people had gone through and are still going to go through. it will be Christmas 2 weeks from now and this is the time that people must show what can be done to atleast give these people a little hope.

  6. Mrivera Mrivera

    not a time to celebrate. injustice secretary gunggongzalez, domingo sitsaron of DFA are still cooking something delicious to have this convicted GI transferred to the custody of US embassy while titing bunye hailing kuno the verdict. tarandato talaga itong siraulo na ito. tanda na kung bakit ayaw pang magpahinga eh tinatawag na ng lupa.

  7. Mike Uliling Mike Uliling

    Im glad na na-convict yang rapist na yan. Ang impression siguro nila sa lahat ng babae na makikita nilang namamasyal sa Olongapo ay madali nang bumigay. Doon sila nagkamali. Buti na lang. Sana nasama din yung tatlong nanood. Ano nga pala ang nangyari sa driver?

  8. norpil norpil

    this is rather only half victory when not all the accused are judged guilty.that a senator is more concerned with the prisoner makes me wonder if he is a senator of the republic of the pinas or the usa.

  9. Ellen:

    At least, there is a conviction, but the three accomplices are equally guilty when they cheered the convicted soldier while doing the act. Over here, just by being there and doing nothing can also be considered a crime, and punishable by imprisonment and/or fine. The three others should not have been acquitted to give them a lesson.

    We’ll ask our Japanese friends opposed to the US bases in Japan to protest the return the of the three to Japan in case they get released and sent back to Okinawa where they are based.

  10. chi chi

    Don’t you worry Mr. Vilma Santos, maliligayahan si Daniel Smith sa loob ng presong pinas system! hehe!!!

  11. Ellen,

    Re: real ID of Nicole revealed.

    From what I read in Philippine Commentary blog, the clerk of court had already officially revealed the real identity of Nicole. I posted the following nevertheless in
    said blog.

    I would have been for her real ID to be kept anonymous. It would do her no good at all for her real ID to be revealed because she will now be a target of damaging potshots not only from Pinas but from the US too. (The news has hit Europe and was aired at mid day news on BBC and French TV TF1.)

    But now that it’s done – her real identity revealed, if I were her, I would jump the gun and go on the “offensive” (to ward off future Pinoy an American hecklers) by writing a book about herself, her life and what happened. I see it as the only way of minimizing damaging stigma that the rape has caused her person and her family and will continue to cause.

    Nicole could still take control of her life. But it is imperative that she go on the “offensive” now to to develop some kind of protective “armor”. Writing a book would also be one way to excorcise the demons and would be some sort of healing process.

    It would be good if someone who know Nicole personally to advise her to do this.

  12. Yuko,

    The three are on their way back to Japan. Now Smith even for the meantime will experience how it is like to be imprisoned in the Philippines. They should not complain, the US has their Abu Ghraib and Guantanamo prison which do not respect prisoners’ rights either. Let him face the music. His 20 minutes of ecstasy is now 40 years of pain.

  13. Oops, this was what I posted in Philippine Commentary:

    1 Comments:
    HILLBLOGGER & Hillblogger Jr said…
    Is it necessary to reveal the real identity of the rape victim?

    10:49 PM, December 04, 2006
    Post a Comment

  14. From the Independent UK: (Even the AP breaking news was careful not to mention the real ID of the victim…)

    40 years’ jail for US Marine in Philippines rape
    AP
    Published: 04 December 2006
    A US Marine was today convicted in a landmark rape case and sentenced to 40 years in prison, ending a long, emotional trial that has strained US-Philippine ties and tested a joint military pact.

    Three other Marines and their Filipino driver were acquitted of complicity.

    A 23-year-old Filipino woman, known publicly by her pseudonym “Nicole,” accused Lance Cpl Daniel Smith of sexually assaulting her while she was drunk last November, while Staff Sgt Chad Carpentier, Lance Cpl Keith Silkwood and Lance Cpl Dominic Duplantis allegedly cheered him on.

    Smith, 21, from St Louis, Missouri, had testified that the sex was consensual.

    Instead, he became the first American soldier to be convicted of wrongdoing since the Philippine Senate ordered US bases shut down in the early 1990s and joint training was established under a treaty, the Visiting Forces Agreement, in 1998.

    In addition to the sentence, Smith was ordered to pay the defendant 100,000 pesos (£1,000) in compensatory and moral damages.

    A US Marine was today convicted in a landmark rape case and sentenced to 40 years in prison, ending a long, emotional trial that has strained US-Philippine ties and tested a joint military pact.

    Three other Marines and their Filipino driver were acquitted of complicity.

    A 23-year-old Filipino woman, known publicly by her pseudonym “Nicole,” accused Lance Cpl Daniel Smith of sexually assaulting her while she was drunk last November, while Staff Sgt Chad Carpentier, Lance Cpl Keith Silkwood and Lance Cpl Dominic Duplantis allegedly cheered him on.
    Smith, 21, from St Louis, Missouri, had testified that the sex was consensual.

    Instead, he became the first American soldier to be convicted of wrongdoing since the Philippine Senate ordered US bases shut down in the early 1990s and joint training was established under a treaty, the Visiting Forces Agreement, in 1998.

    In addition to the sentence, Smith was ordered to pay the defendant 100,000 pesos (£1,000) in compensatory and moral damages.

  15. Thanks Anna. We shouldn’t add to the pains of Nicole. The media may have unwittingly exposed her face and name. The reports were coming in live and unedited. The subsequent reports no longer show her face and do not mention her name. All their succeeding reports have been edited. Even Ellen used “court-appointed pseudonym”. On-line reports did not mention her name either. Human decency and compassion is the key. The privacy of the victim is to be protected at all times. I hope this will be respected by all.

  16. In fairness to my “favorite” neo-con, this is what he replied to my post (immediately followed by another comment of mine):

    10:49 PM, December 04, 2006
    Rizalist said…
    Hillblogger,
    She was shown on television standing in the Makati RTC along with the defendants as the Decision of the Court was read out loud. It was the first I had heard her real name, which was broadcast on AM/FM radio stations carrying the promulgation live, as well as ABSCBN and GMA.

    I guess I must be the last to know her real name.

    10:53 PM, December 04, 2006
    HILLBLOGGER & Hillblogger Jr said…
    Pity, RP news media could have spared her a potentially new damaging ordeal by keeping her real ID secret for as long as possible.

    Breaking news in Europe by AP, The Times, The Independent, etc. containing a comprehensive report were careful NOT to mention her real ID.

    11:24 PM, December 04, 2006
    Post a Comment

  17. Stupid is as stupid does, Anna. Whoever revealed the identity of Nicole should be reprimanded severely by the court that even gave Nicole a code name to conceal her identity. It is called “contempt of court,” Anna. Even an idiot, I guess, knows what this is.

    Anyway, I guess, “idiot” is too kind a word to use for this DOJ and even DFA secretaries for how can they even try to kind of acquit the convicted US marine by saying that he should be turned over to the US when the crime was committed in the Philippines and the case is under the legal jurisdiction of a Philippine court and not that of the US.

    I don’t know if they realize that they are kind of telling the Americans how stupid Filipinos are that they do not even know how to handle foreign offenders with their officials kind of hinting to the Americans that they can do the job of policing, convicting or acquitting these soldiers themselves because the Philippines is ill-equipped to handle foreign criminals especially from the USA.

    Tapos magmamalaking magagaling ang mga pilipino after they themselves belittle the capacity of Filipinos in front of these foreign offenders. Napapailing na lang siguro ang mga Amerikano. Can’t help being proud of the court system in Japan, where these soldiers are not allowed to escape legal responsibilities when they break Japanese laws, written and unwritten.

    And I doubt if there are officials of the Ministry of Justice or Ministry of Foreign Affairs who would grant special treatment to these criminals if they had committed such crime in Japan, or better treatment than Japanese nationals committing similar offense. Why worry about how this horny soldier would be treated inside a Philippine prison? Wouldn’t it be better for these crooks to tell this American that if he wanted to be treated well, he should have behaved? Tarantado talaga! Inutil!

  18. Kakaawa ang mga pilipino for being treated as second class citizens by their own government and fellow Filipinos with ranks! PATALSIKIN NA, NOW NA!

  19. Yuko,

    To be very honest, to me even a second class citizenship consideration would have been almost acceptable if only this government didn’t apply a worse treatment – that of chattel treatment – of a vast majority of the population.

  20. vic vic

    The real identity of a court protected victim, should not only be publicly published in any manner or any related materials or evidence be published that will led to the identity of the victim, but also will be enforced with the pain of substantial penalty for violators in monetary or prison terms to deter such actions. In the video the images of the people that could let to identfying “Nicole” were flushed or broadcast, that is a violation of the court order. In my experience and observations of hundreds of court ordered identity protection, I can’t recall any such violation without being dealt with by the ordering court.

  21. Definition of “Chattel” … CHATTEL – Personal property, movable or immovable, which is less than a freehold; for example, a book, a coat, a pencil, …
    http://www.lectlaw.com/def/c032.htm

    definition of chattel mortgage – A lien on assets other than real estate backing a loan.
    http://www.investorwords.com/842/chattel_mortgage.html – 21k – 2 Dec 2006

    Chattel – ENCYCLOPEDIA – The History Channel UKchattel, in law, any property other than a freehold estate in land (see tenure). A chattel is treated as personal property rathe.
    http://www.thehistorychannel.co.uk/site/search/search.php?word=CHATTEL&enc=9723

    Personal property – Wikipedia, the free encyclopediaPersonal property can often be secured with similar kind of device, variously called a chattel mortgage, trust receipt, or security interest. …
    en.wikipedia.org/wiki/Chattel

    chattel n. an item of personal property which is movable, as distin-guished from real property (land and improvements). See also: personal property …
    dictionary.law.com/definition.asp?selected=181&bold=%7C%7C%7C%7C

  22. npongco npongco

    I still follow the theory: The act of one is the act of all. No way should the other three get free. It now appears this Smith is a fall guy even if he’s a principal suspect. This government made sure that at least one is convicted. Otherwise, we could just imagine the chaos if all were acquitted. The US and Arroyo have long discussed and agreed on the matter. Listen to what this idiot Raul Gonzales keeps saying…that the accused must be in the custody of the US Embassy. Where can you find a Justice Secretary of a country defending and speaking for a foreigner? The story does not end here. We must guard every move this government makes. Certainly, Smith’s life and safety are more valuable to the Americans and of course Malacanang than the rape victim. Mark Jimenez, Atong Ang, Michael Aquino and many other Filipinos served their sentences in the US. Why should not this Smith? Speaking of rape, I myself has been a victim here. I’ve been raped in this blog several times. Yet, no one ever came to my rescue.

  23. chi chi

    What the heck! Pinoy broadcast media mentioned the real name of poor Nicole? Onli in da Pilipins!

  24. Vic,

    I won’t be surprised to learn later on that DOJ’s siRaulo Gonzalez will be the fighting tooth and nail to save Smith from being jailed at all, either in Pinas or in the US, i.e., fight for him in the Court of Appeals!

  25. Over here, rape victims are not presented in court. Summoning them to stand witness in court is no longer necessary with all the written statements made at the police and the prosecutor’s office. It will be injustice to present them in court.

    In the Philippines, I witnessed a little girl, who was sexually molested by a Japanese pedophile with her parents’ consent, being presented in court even with media people there present. I just did not know if the picture had been published in Philippine newspapers.

    Fortunately, the case was monitored by Japanese lawyers, and afraid of international censure, the judge granted the severest punishment against the Japanese pedophile for destroying completely an innocent child. Two lawyers I knew went there to watch it as they prepared to file a complaint against the Japanese to be tried in Japan if he would not be punished and just sent back to his country where the police were waiting to arrest him for a similar case of molestation of a child in Japan by the said pedophile.

    Ang dami kasing kabisote sa Pilipinas. I just wonder if majority of the lawyers there really know the law. Puro kabisote lang yata! Inutil!

  26. Chabeli Chabeli

    It would be interesting to see how the guilty verdict of Lance Corporal Daniel Smith would affect the Joc-Joc Bolante case in the U.S. If my memory serves me right, the mother of “Nicole”, or was it “Nicole” herself or her lawyer, said that there was a connection between the “Nicole” rape case and that of Joc-Joc Bolante.

  27. hawaiianguy hawaiianguy

    Good for Nicole, but not completely as the others go free. They should all go to prison together, preferably at Munti.

    Speaking of ethics and lawyers, we need not go outside the premises of Congress to see whether we have them. Ethics is a crap coming from bad mouths pretending to be good, and good lawyers in Congress are a rare breed. If anything, ethics and knowledge of the law go in opposite directions: the more knowledgeable are the most morally bankrupt. This negative correlation is demonstrated right there in the famed hall of injustice.

  28. Renato Renato

    Ano kaya ang nararamdaman ngayon nung baboy na babaeng prosecutor na sinabi sa media sina Ms.Nicole at ang pamilya niya ay,”simulat sapul sinugnaling sila!” Let us not forget this disgusting pig-faced bitch of a prosecutor,nay persecutor of Nicole!Balik sa nakakadiring mukha niya and idinura niya kay Ms.Nicole!Thank you Ms.Nicole for being strong and standing up against the abuse and arrogance of these yank dogs!Justice served to you, is justice served to all abused Filipinas(in the past), and above all justice for our country!Nakakalungkot nga lang, di lahat naconvict.Don’t worry Ms.Nicole, I’m sure God will give an account to these 3 ugly american dogs, in due time,soon.I hope this 3 cowards be sent to Baghdad!A road-side bomb, or an IED doing them,crippling them!Now that would be real justice for Ms.Nicole!True to their bullshit form,the liars in this bogus gov’t. are making another spin on this verdict!!!Just look at how bunye and siraulo g. makes an ass of themselves!Sinungaling talaga, an alter-ego of the bogus one, the queen of liars!Watch out for this dept.of Injustice nincampoops and useless dfa slugs,on how they will sell-out the custody of the rapist to the us emabasshit.Watch how Siraulo gonzales(I hope his heart and kidney fails, post-haste!)lawyers for the rapist!Calling the Senate(nevermind lapid,revilla)!Scrap the VFA now!Open your eyes!Our country is on the loosing end of this stupid and one-sided treaty!The US looks at our country, and it’s people to be used and abused!Let’s face it,like our disgusting fake gov’t. and tongress, they’re looking after their own interest only!Pandak is so silent on the plight of Nicole, it’s defeaning reverberates the nation!We cannot really expect total justice from a liar and a cheater, and her gang of thieving prostitutes!!!Soldiers and Protector of the People, MOVE NOW!!!Patalsikin na , now na!!!

  29. Diego K. Guerrero Diego K. Guerrero

    You are day dreaming Mr. Senator. Do you want a special treatment for G.I. prisoner? There’s no guarantee that Daniel Smith will not be “raped” inside Bilibid prison or any local jail. Physical and sexual abuse is a common experience in the hundreds of jails throughout the country. Daniel Smith will be living in hell the moment he’s locked-up. The food is not good. I’m sorry young man, there’s no ham and beacon for breakfast. Unlike Joc-Joc Bolante who is enjoying good food and nice facilities in the United States prison. There’s a possibility that the DOJ and DFA will bow -out to US Embassy’s pressure in regards to the right to take custody of the convicted rapist.

    RE: Statement of Sen. Ralph Recto:
    Given the notoriety of our prisons, his jailors should see to it that no harm should befall on Daniel Smith because if something bad will happen to him, the pendulum swing of public sympathy will shift to him and away from Nicole.
    The next thing on the dock will be our prisons, if we are indeed capable of treating prisoners well regardless of their nationality. Treat Daniel well or one billion people will soon be watching his mother bawling over the plight of his son in Oprah.

  30. Anna,

    I saw the coverage on BBC. At least, the presentation is fair enough. Meanwhile, the prosecutor should appeal for the leniency granted the other three.

    Meanwhile, Filipinos should condemn the Catholic priest who is calling these horny soldiers as holy angels! Trial by publicity daw!

    Who says so? Filipinos have every right to protest and demand for fair trial especially with a stupid DOJ secretary harping acquittal long before the case was over even for the principal accused kasi mas Amerikano siya kesa doon sa pareng kano at gusto yatang magsipsip para sa America siya mag-retiro! Stupid!

    Kumukulo tuloy ang dugo ko!

  31. At least, naka-score ang mga supporters ni Nicole. I’m happy for her. In fact, she is one of the topic we plan to present to the lawyers, journalists and former government officials here we are meeting today.

    I fasted for our advocacies as a matter of fact last Sunday (no food, no drink for 24 hours). Nicole is included in our advocacies as a matter of fact. I’m glad God has heard our prayers. Now, we pray that the Gonggong in the DOJ will not succeed in convincing the US to demand strongly for the removal of the horny US soldiers from the Philippines against the judgement of the Philippine court.

    Remember how this stupid a–hole harped about this rape not getting tried at all because of VFA? Para pang nakakaloko ang walanghiya when he hinted that the Philippine is too weak to make a decision and meet the one-year deadline. Now, he and his boss, while giving themselves credit for the court’s decision to make the accused pay for his crime, now say again that it is impossible to put this convicted felon in the National Penitentiary that he shamelessly even admits to be more like filthy cages for ferocious animals than for human beings.

    Kung nahihiya siya sa kondisyon ng Muntinlupa, e di ipagamit niya ang bahay-bahayan ni Jalosjos doon. Inutil!

  32. Chabeli:

    There is no deal. There was only insinuation, and I’m not sure if Nicole or the mother really uttered such words re a swapping of prisoners because there can be no swapping with the bogus president not willing to have Bolate return to the Philippines.

    The US has a law to implement, and in principle, Bolante has not entered the US since his visa was revoked before he was allowed to enter the US. But since he hired lawyers from some expensive law firm, the US court was obliged to listen to the arguments his lawyer could manage to present. Fortunately, Atty Roque was quick to act, and any attempt to let Bolate enter the US as a refugee was denied.

    Our Immigration Law has a lot in common now with the Immigration Law of the US that categorizes now violation of the Immigration Law as a crime.

    I doubt this allegation as a matter of fact. I would like to have more faith in the US sense of justice than in the hocus-pocus justice of the Philippines.

    The Bansot is actually having hallucination to think that Bush thinks highly of her!!! Let both of them rot in hell though.

  33. apoy apoy

    1/4 justice is served. medyo okey na rin kesa wala.
    pero kung ako yung judge, ikakasal ko silang dalawa.
    yung tatlo bestman. at imbitahin ko na lang sa tsibugan yung rallyista..o di masaya..
    he he, biro lang po..

  34. artsee artsee

    Kung dito, puputulin ang ari ng lokong iyan. Dapat sa Muntinlupa ang bagsak ng gago at tatuan ng Sige-Sige. Sobra na ang kabalastugang ginagawa ng mga puting iyan lalo na sa ating mga kababaihan.

  35. This should read to avoid confusion: Our Immigration Law here in Japan has a lot in common now with the Immigration Law of the US that categorizes now violation of the Immigration Law as a crime. As a court interpreter, I have had lots of times handled cases of violation of the Immigration Law of Japan.

    One offense usually merits a sentence of 1 year and a half suspended for 3 years. Second offense results to conviction and servitude in Japanese jail. In consideration of the economic situations of the violators, they are, however, not asked to pay any fine unlike in the USA where they are fined and deported.

  36. I’m just amazed that instead of depending Nicole, the Philippines has a justice secretary who works hard to have criminals acquitted. I have a different orientation as a matter of fact, not being exposed to Philippine justice system except what I shockingly heard from an aunt about those perjurers who make committing perjury their profession.

    Just think of those liars presented there to refute the allegations of Nicole. Unbelievable indeed that she should be the one to get a lawyer, brilliant though the lawyer is, to defend her in court even against the prosecutor who should have been duty-bound to protect the victim and make sure the culprits/criminals/perpetrators are sent to jail for life! What an injustice indeed!

    Hindi ba nahihiya ang mga pilipino niyan. Ang daming abogado, bakit hindi nila mabato ng kasong incompetence ang mga prosecutors, etc. na ito. They should demand for the removal of the idiot calling himself “Secretary of Justice”!

    PLEASE PATALSIKIN NA, NOW NA! At least, may isang conviction although it was very clear that the other three connived in the act even when they claim that they have not participated directly in the act. Sinong niloloko nila? Ang bobo naman! Tamad kasi pati ang mga pulis! Golly, investigation being conducted in the court instead is considered incompetence and enough reason to consider the case null and void if Nicole’s rape case had happened in Japan.

    For lack of evidence in fact, the three “cheerleaders” got acquitted because the police were so lazy to do an honest to goodness investigation. Natakot kasi sa mga kano! Pwe!

    Over here, ang mga kano ang takot sa Japanese police. Bakit hindi iyan magaya ng mga pilipino na pinupuri ang mga sarili nila pero puro yabang lang naman wala namang ibubuga! Pwe ulit!

    This reminds me of an American I met many years before who told me about the Filipinos treating him like a god, and he really relished it! Mangani-ngani kong kutosan sa ulo ang hambog na amerikano sa totoo lang!!!

  37. Oops, this should read: I’m just amazed that instead of DEFERNDING Nicole, the Philippines has a justice secretary who works hard to have the criminals acquitted. I have a different orientation as a matter of fact, not being exposed to Philippine justice system except what I shockingly heard from an aunt about those perjurers who make committing perjury their profession.

    You see these people at the corridors of the Philippine courts hanging around there, and being asked to stand witness in a case even when he/she is unrelated to a case as in the case I guess of that crying lady who stood as witness in some trial to prove who assassinated Ninoy.

    My aunt told me that these perjurers are paid by lawyers to recite a well-written but not exactly well-rehearsed scenario to save their clients or prove their cases. It is unthinkable in Japan. Never heard of such stupid practice as a matter of fact.

  38. Sorry, it should be “DEFENDING” instead of the typed error above.

  39. From Inquirer:

    Battle looms over custody of Smith;controversy over VFA provision

    By Armand Nocum, Leila Salaverria

    HOURS AFTER he was convicted, US Marine Daniel Smith joined 634 other inmates at the Makati City Jail (MCJ) — a place that houses suspected killers, robbers, swindlers and rapists.

    Where Smith will eventually be jailed, however, will be the next round of a legal and diplomatic battle between the Philippines and the United States.(Click here for complete report.)

  40. nelbar nelbar

     
    Naipakita kagabi sa balita sa TV na itong mga Amerikano na bodyguard ay ang lalakas pa ng mga loob.

    Ipinapakita talaga na kung gaano kahina ang mga Pilipino sa sarili nilang bansa lalo na itong si Raul Gonzales.

    Kung sa Iraq yan kinaladkad na ng sasakyan yan!

    Kung tao tao lang ang labanan sa korte ng Makati kahapon baka pira-piraso na ang mga katawan ng mga Amerikanong yan!

     

    ISANG KALAPASTANGANAN SA ISPIRITONG MAKABANSA ANG GINAGAWANG PAGTATANGGOL SA MGA HALIMAW YAN!!!

  41. nelbar nelbar

     

    >Soldiers and Protector of the People, MOVE NOW!!!
    >Patalsikin na , now na!!!

     
    Alam mo Renato, nakaka-inspired talaga ang ginawa ng mga Iranians noong 1979.

    Sana ang 8 Milyong Pilipino ay marunong bumasa ng mapa ng Manila Bay at alam kung saan ang kinalalagyan ng US Embassy sa Roxas Blvd.
     

  42. Mrivera Mrivera

    kaya ganyan ang asal ng mga puting aso ay dahil na rin sa hayop na asal ng mga pulitiko at miyembro ng gabineteng kung hindi mga supot ay mga may luslos, pati na rin ang pulis kupal! hahawiin ka ng mga song ‘yan na akala mo sila ang hari sa pilipinas? kung ako, batuta sa mukha ang inabot ng tadong ‘yan! nasaan na ang mga heneral ni glutonia na akala mo mga ubod ng tapang? parang mga baklang kunehong matapang lamang sa mga sariling sundalo?

  43. Exile Exile

    You can call this case “justice” if you want, but it’s revenge politics, pure and simple.

    If “rape” is defined legally in the Philippines as it was used in this case, then I will believe Smith was guilty when ten thousand Filipino men are arrested for rape every Sunday morning, after taking a girl out of a bar on Saturday night and having sex with her. That will never happen, because the “law” that was used to convict Smith will never be used against Filipinos.

    This was never about what actually happened in that van; everyone made up their minds about this case long ago, without any regard to the “facts”.

    This woman “Nicole” changed her story as many times as she changed her shoes. There were SIX Marines, and they ALL raped her. Then there were four, plus the driver; he raped her too. Then the driver didn’t do it. Then she decided it was only the one.

    She was dumped out in some remote place in the middle of nowere; then, when there were too many witnesses who saw her get out of the van with the Marines at the pier, she changed that story too.

    Justice? Here’s justice: how about every Filipino TNT in the United States being deported tomorrow? They’re breaking US law! There goes ten or twenty million dollars a month in those precious remittances. How about ALL the US military pulling out of the Philippines for good? I’m for that now! How about no more free money from Uncle Sam?

    When I see even a pretense of people being treated equally under Philippine law, then I will be able to say the word “justice” and the word “Philippines” in the same sentence, and not laugh.

  44. Mrivera Mrivera

    Exile Says: “How about no more free money from Uncle Sam? ”

    meron ba ‘nun? sino ang nagpapasasa? kung meron ngang free money, hindi ang karaniwang mamamayan ang nakinabang! alam ito ng bawat isa sa atin!

    pero, kailan ba nag-alok ng libreng tulong ang amerika?

  45. Renato Renato

    Call it what you want exile,we’re all entitled to our opinions.Like what the Judge said, “Rape is a forgetable experience and not easy on the psyche of the victim.”If Ms.Nicole,the victim, has ulterior motives, she would’ve settled a long time ago w/her rapist.Common sense lang bro..I’m sure no woman(raped or otherwise),wouldn’t want to go thru the shame of being subjected to public scrutiny about her personal life, or even speak of her genitals!I have a wife,a mother and sisters(I’m sure you have also), and I wouldn’t want them to be raped, or subjected to being raped again(in full view of the public)in court.We should be proud of Ms.Nicole,our Kabayan, for her resolve,inspite the odds levied against her.Inspite of disgusting and inept public prosecutors(persecutors), inspite of an insensitive and corrupt doj secretary, inspite of a bogus president(a woman herself)who’s very silence on the case(so defeaning) of Ms.Nicole.I agree with you exile, our laws and justice system is far from ideal.This verdict is a good start, though not perfect and complete.We need to change our immoral leaders.We need leaders we can trust and inspire obedience to the real rule of law.Not this bogus one and her sycophant prostitutes who keeps harping the “rule of law bullshit!”They use this rule of law spin to deceive the people of the truth.As for me exile, I admire Ms.Nicole for her resolve and stand, which is rare commodity in these dark times of our abused country.We need someone we can look up to and trust!Ms.Nicole is one, definitely not a liar and cheater,like the bogus one!Patalsikin na, now na!!!!

  46. Exile,

    “Free money” from the US?

    You serious? There is NO goddamn free money from the US.

    The money or “aid” as the US likes to call the meager amount they give to the Philippines is NOT enough to pay the Philippines for the US use of the Philippine territory as American outpost and hub for its CIA operations, not only in Asia but also to connect to other countries all over the globe. Without a thoroughly submissive country in that region like the Philippines, the US will be spending far more than what they are spending.

    So, don’t utter absolute nonsense! Stop being a fool.

    Furthermore, the “free money” that you say the Philippines receives is not even enough for the enormous advantages that the US obtains out of the Philippines because open Philippine waters enable the US to have open sea lanes of communications for the US fleet to access in order to reach the Gulf. Do you realize that it would not only cost the US a lot more in political and financial capital if their fleet had to go around the globe from Australia to reach the Gulf had the Philippines not let them avail of its waters? In terms of military operations, the absence of sea lanes of communications in the Southern Philippines would stretch US fleet so much that would damage US military operations a great deal!!!!!!!!

    Why don’t you try goddamn renting a small booth in a Manila mall and see how much it would cost you!

    So let’s not be stupid about this “free money” from the US – NO SUCH THING!

  47. nelbar nelbar

     
    mula sa BBC News
     

    Anger over Dutch Srebrenica medal

    Last Updated: Monday, 4 December 2006, 17:38 GMT

    Survivors of the 1995 Srebrenica massacre have criticised the Dutch government for giving an insignia to UN peacekeepers who served in the city.
     

    They said honouring Dutch troops who were charged with protecting the Muslim Bosnian enclave was “scandalous”.
     

    Nearly 8,000 Muslim men and boys were killed by Serb forces who overran Srebrenica in July 1995.
     

    The Dutch government said the troops deserved recognition for their behaviour in difficult circumstances.
     

    Presenting the insignia to some 800 soldiers from the Dutch battalion (Dutchbat) at a military barrack in Assen, Dutch Defence Minister Henk Kamp said they had been unjustly seen in an unfavourable light.
     

    He said they were sent to Srebrenica on a mission impossible – without enough weaponry – and a limited mandate.

     

    ‘Humiliating decision’
     

    But survivors and relatives of the victims – who held protest rallies in The Hague, Assen and Bosnia’s capital Sarajevo – condemned the move.
     
    “This is a scandalous, shameful and humiliating decision. Victims and their families are additionally humiliated and offended,” said Munira Subasic, head of the Srebrenica Women association.
     

    “They [the Dutch peacekeepers] allowed Bosnian Serb troops to slaughter 10,000 people. Shame be on them,” she said.
     

    Srebrenica survivors are demanding an apology – and are suing the Dutch state for failing to protect them.
     

    Many people say there still needs to be a proper political debate – over where the responsibility – really lies, the BBC’s Geraldine Coughlan in The Hague says.
     

    The government in the Netherlands resigned in 2001 after accepting partial blame for the genocide.
     

    Protesters expressed their outraged in Assen

    Some 800 former Dutch peacekeepers received the award
     

     
    http://news.bbc.co.uk/2/hi/europe/6207254.stm

     

  48. Exile,

    Do you know how much the US pays Egypt (and Egypt is not even as subservient to the US as the Philippines is) for the use of Egypt as a hub of all sorts for the US?

    CLOSE TO TWO BILLION US fu***ng DOLLARS! Say that again slowly this time so your brain can try at least to fathom the depth of US “aid” to Egypt!

  49. nelbar nelbar

     
    tama ka anna, kaya nagiging submissive ang bansang Pilipinas ay dahil mayroong mga grupo na kumokontrol sa negosyo at ekonomiya sa bansa natin na kakuntsaba naman ng mga taga US State Department, Pentagon DoD, Capitol Hill at White House.

    Heto na ang ibinunga ng pakikipagsabawatan noon ng mga Pinoy kanila Richard Lugar at Stephen Solarz para sa restoration kuno ng democracy sa Pinas.

     
    Kung inyong matatandaan na itong si Wolfowitz ay bumisita pa sa MINDANAO at nakipagkamayan pa sa mga opisyal ng AFP para sa anti-terror campaign(kuno). Pero ang katotohanan nito ay KONTROLIN ANG SOUTH EAST ASIA sa pamamagitan ng Indonesia.

    Darating ang panahon na itong Pilipinas ay itatabla na naman ng Jewish-American interest para kumampi sa Indonesia na isang kilalang may pinaka malaking populasyon ng mga Muslim sa ngalan ng Pax Americana.

    Kumakampi ang Amerika kung saan naroon ang MARKET.

    Ewan ko na lang kung magpapaloko na naman ang mga Pinoy sa katarantaduhan ng mga American Policy Makers!

     

  50. >> anna de brux Says:
    >> December 4th, 2006 at 10:28 pm

    >> Goes to show that that justice is only 25% efficient in >> the Philippines.

    that’s only because we have a justice secretary who’s 2.5% intelligent, 0.25% ethical, and 0.025% just.

  51. npongco npongco

    US formally seeks custody of Smith

    Arroyo wants VFA followed on custody — DoJ

    The United States on Tuesday formally asked the Philippine government for custody of convicted rapist Daniel Smith, a day after the Marine corporal was found guilty and sentenced to 40 years for raping a 23-year old Filipina in the Subic Bay Freeport November last year.

    And indicating that the American request will be granted, Justice Secretary Raul Gonzalez said in Iloilo City that while President Macapagal-Arroyo was “Satisfied” with the verdict on Smith, he had been ordered to ensure the country complies with its commitments under the Visiting Forces Agreement on the matter of the convicted Marine’s custody.

    ******If this Smith is in the custody of the US, he is like a free man. He shall enjoy all the protection and accommodation given to a US citizen. So, it’s like not serving his life sentence at all. Before we know it, he is already back in the US. Cases like this no matter how controversial die down as days pass. Filipinos have short memory and are very forgiving. In the end, justice has not actually been served.

  52. I would like to share this message from Herman T. Laurel (Ka Mentong) on Nicole’s case:

    All’s well that ends well.

    (Herman Tiu Laurel/ DieHard III/ Tribune column for 12-6-2006 WED.)

    Nicole didn’t sell out, and won. That’s the important point. Like many in this society it is a victory by an individual who slugged it out against the “system”. It’s like Paquiao, the whole country rode on his victories and he obliged to give credit to the country; in fact the country’s poverty put him into poverty that compelled him into such a thankless career. So is it in Nicole’s case: thrust into a livelihood that opened her to bar girl indignities. In the jubilations over Nicole’s victory, is anyone looking at how to erase the evils that fed Nicole to such a fate? – No.

    Even if society has failed the countless Nicole’s in the country, Nicole still survived with her dignity intact; but what is her future? Is it back to the bar for Nicole? A judge is now being praised for the decision defying the ominous stare of the U.S. State Department on the case, and maybe it is well deserved. But why should there be such effusive praise for doing something that is only right? Is it because doing the right thing is such a rare thing for Filipinos to see today? I am stupid for asking that question, of course doing the right thing is rare here – you hardly see it anymore.

    Aside from some individual satisfaction, what does Nicole’s victory really mean for us and the country, end of the iniquitous relationship with the U.S. ? The presence of the foreign forces continues despite its glaring violation of the nation’s sovereignty and dignity should make it plain – nothing changes. That Nicole’s offender will be held in U.S. custody pending appeal is another sobering reality demonstrating that the Philippines still kneels prostrate before the foreign overlord, – thanks to political leadership that pays lip service to independence then turns around to suck up to the U.S.

    For Nicole at least: All’s well that ends well. The rest of the country will continue to live in slavery to the foreign power that is now readying Mindanao for a final plunder. The U.S. is taking control of the Land of Promise, sopping with cheap favors the communities of the Philippine’s potentially richest island, in return to take its unbounded blessings such as hydrocarbons and future’s energy source – deuterium; at the same time controlling the crucial sea lanes to the China Sea. The Philippines, potentially among the richest in Asean, will continue to be looted “till Kingdom Come”.

    Will the Philippines have a happy ending as Nicole in her individual capacity has achieved? Not until the Philippine muster the national will as Nicole did her individual will; but that national will certainly will emerge for, like Nicole, after long years of indignities the realization will rise that we have suffered enough and will not longer take more. When there’s no lower place to sink to then one must struggle up to gasp the air. We see this happen again and again in human life and human history, like two news items we saw in the papers yesterday.

    The two news items were juxtaposed by one newspaper and it struck me how after decades of tribulations two countries in South America have finally achieved redemption.

    The news were: Chile’s Pinochet fights for life after heart attack, and Chavez wins re-election in Venezuelan landslide. Pinochet, the butcher of Chile’s liberal and socialist activists (following Henry Kissinger’s diktats), is facing the grim reaper now and without the benefit of pity on his soul here on earth where he is rebuke by his country and history.

    Among those Pinochet jailed is now the President of his country: Michelle Bachelet.

    Venezuela has been through a decade of privatization of its economy and its national wealth, transferring billions of oil revenues to American companies and impoverishing Venezuela. Chavez’s 61.4% landslide confirms beyond any doubt the support of the people for his policies of re-nationalization of their nation’s patrimony and social welfare programs. Chavez was jailed after a coup attempt where score were killed but after liberty went on to win his first term that was deposed for a day or two by leaders of the oligarchy, but was restored by constitutionalist officers.

    Defying economic orthodoxy imposed by the West, defying the threats from the American Right represented by Christian preacher Pat Robertson who called for his assassination, breaking the taboo of shunning Fidel Castro, nationalizing oil wealth to launch massive social programs, Hugo Chavez has won and sealed his victory and the victory of the Venezuelan masses. Chile and Venezuela are examples of societies and countries that have gone to the depths but found the national resolve and liberation. Like them, Filipinos must also rise and join as one nation to redeem itself too.

    With the Philippine’s national morality and the political-economy going to the dogs Filipinos have reached the depths of despair, yet despite it all hope still springs from efforts countless heroic Filipinos to change the situation. The other day, progressive Church and civic leaders has Christmas mass with the Oakwood young officers. In Congress, Gloria and de Venecia have failed to manipulate the rules to short-cut the Cha-cha. Maybe we can thwart No-el and El-No (elections in November instead of May) and depose Gloria by elections. Maybe it’s the season’s spirit– I see an early happy ending. ###
    ******

    Me, too! I’m looking forward to the happy ending without the Bansot and her legionaires ala-disembodies bodies who entered a herd of pigs and drowned in the sea!

  53. norpil norpil

    i don’t understand. what is the use of using time and money when the convicted can go free anyway.once more this shows how weak this govt is.the tribunal may have shown a bit of justice but in the end it is how this govt will execute the judgement of the courts that will really count.

  54. Mrivera Mrivera

    dapat si gloria ang ipa-rape sa mga malilibog na US servicemen, tutal mas masahol pa siya sa puta!!!

    ang problema lang, baka hindi kayanin ng sikmura kahit pusakal na rapist!

  55. Difficult to understand indeed, Norpil, particularly when you have a chief of the justice department fighting tooth and nail to make sure that the convict who happens to be an American gets first class treatment over and above any consideration.

    Despicable, it makes me puke just thinking about it!

    SiRAULo Gonzalez has gone so low, nobody can be lower than him!

  56. chi chi

    # the jester-in-exile Says:

    December 5th, 2006 at 7:44 pm

    >> anna de brux Says:
    >> December 4th, 2006 at 10:28 pm

    >> Goes to show that that justice is only 25% efficient in >> the Philippines.

    that’s only because we have a justice secretary who’s 2.5% intelligent, 0.25% ethical, and 0.025% just.
    ***

    JIE,

    You’re too kind giving SiRaulo Gonzales, the injustice secretary, a very high rating. He is a complete loser!

  57. The only Lady Justice that’s not blindfolded is in the one sitting in front of this siRAULo Gonzalez.

    Blindfolded Lady Justice was supposed to represent BLIND justice in the sense that no one should be above the law, no matter the creed, the political affiliation or THE COLOR!

    In the case at hand, SiRAULo Gonzalez of DOJ, believes that the ‘sensitive’ nature of Smith, being a white, blue-eyed, angelic looking American should defy everything that a blindfolded Lady Justice represents. He being an American, thinks SiRAULo Gonzalez should be spared the humiliation of spending a night or a few nights in a Philippine jail!!!

    Despicable!!!!!!

  58. chi chi

    Mrivera,

    Ang sabi ko nga, kahit mga M na Arabo ay hindi bibigyan ng sulyap si Glueria para reypin, kano pa kaya? Ang sama mo, ako pala heheheh!

  59. Father Reuters should go to the moral aid of Nicole instead of grieving for this Smith!

  60. chi chi

    Anna, what’s the stand of Father Reuters regarding this Smith case?

  61. hawaiianguy hawaiianguy

    The controversy over custody of Smith will continue as long as the likes of Gloria and Gonzalez are there. They have long bartered RP for money, what more can we expect of these immoral and ineept leaders?

    The point raised on Chile’s politics compared to RP is well taken. Why don’t we have a new thread on this one? Pound for pound, RP’s record on human rights violation and extrajudicial killings is worse than Chile’s under Pinochet. With close to 800 killed, disappeared and salvaged in RP in 5 years of Gloria’s misrule, that’s incredibly higher than the 3000 cases in 17 years of Pinochet’s iron-fist dictatorship.

    If Pinochet can be arrested and tried outside Chile, why can’t UK or some other EU nation arrest RP’s impersonator and dictator-in-disguise?

  62. hawaiianguy hawaiianguy

    If my memory serves me right, Fr. Reuters believed that rape couldn’t be a better term than seduction. In short, Nicole seduced Smith on account of age difference. Nicole is many years older than this rapist Smith, who is only 19 yrs old.

  63. chi chi

    Really, hawaiianguy! Mabuti na lang at hindi ako fan ni Father Reuters. Even when he used to come to St. Mary’s College when I was a student, I was never impressed with his person. Perverted sense din pala! Yuck! Sorry Fathers :).

  64. Hawaiianguy,

    Smith was 19 going on 20 when he raped Nicole, who may be 3 years older but she was smaller than him. He is now 21 years old.

    Age does not matter in rape. Pag umarya ang kawalanghiyaan, walanghiya gagawin.

    This reminds me of a case I heard when I was in the US many years ago. A 90-year old woman living alone in her house was raped by a 20 year old Afro-American who was a great deal bigger than the old lady. She was found dead as a matter of fact naked.

    I’m not a Catholic so I am not awed by these Catholic priests who may think of themselves as infallible as a poet, but when one does not even know good from evil, I guess, he should quit pretending to be holy. This Reuters must be the one even telling the US embassy to hold custody of a convicted felon. He should be kicked out of the Philippines.

  65. Nelbar:

    I feel sorry really for Filipinos, but who should you blame for all the shabby treatment they are getting even in their own country?

    I saw the news on TFC when I went to a Philippine store to buy Papaya soap (I use Kissa instead of the Likas because of the refusal of the company manufacturing Likas to refund my 500 dollars or so for an order that was returned to them because they could not be approved of being imported to Japan as they refuse to give an analysis of the product as required by the Customs of Japan), etc. that I plan to give to my sisters in the USA.

    I was appalled at the untidiness of the prisons in the Philippines, and this government itself being ashamed of its own facilities because the people in charged of these facilities have already stolen the money for their improvement. Ang dumi naman talaga, but it is no reason for the idiots at the Department of Justice to be telling the Filipinos that the idiot at the palace by the murky river might allow the US government to take custody again of the horny soldier. That will be undermining the Philippine court that has now custody of the horny soldier.

    Kung ayaw niyang makulong sa mabahong hawla, e hindi niya sana ginawa ang kababuyang ginawa niya. O nagbayad na lang siya ng isang puta na mahilig din sa mga puti hindi iyong mahilig pa silang magpalibre!

    In fact, over in Japan, the horny soldier with all the evidences of culpability, would even be advised by his lawyer to quit appealing because the court will definitely turn down his appeal. The Prime Minister of Japan does not meddle in the affairs of the courts here, and any decision of the court, he respects regardless of request even of the President of the US of A. And the American priest shouting foul and blaming the Filipina for this case can be censured and reprimanded by the court for insinuating injustice in this case despite the evidences.

    Ang bobo naman!

  66. chi chi

    Yuko, Father Reuters is as old as the ‘nuno sa punso’ in Pinas. Diyan na siya nagkaroon ng tungkod!

  67. chi chi

    Wondering why Glueria is eerily silent herself re Smith’s case? Here’s the answer.
    ******

    US demands custody of Smith; gov’t favors handing over Marine

    By Michaela P. del Callar and Sherwin C. Olaes

    12/06/2006, Tribune

    The United States has demanded interim custody over US Marine Lance Cpl. Daniel Smith, who was convicted Monday of raping a Filipina in Subic Bay, Olongapo City, last year.

    The US Embassy in Manila yesterday filed a diplomatic note to the Department of Foreign Affairs (DFA) invoking the right to exercise custody of Smith under an agreement between the two countries on the status of US forces in the Philippines.

    Malacañang, in practically toeing Washington’s line, also yesterday agreed that Smith should be brought back to the custody of the US, saying the verdict issued by Makati City

    Regional Trial Court Judge Benjamin Pozon is not yet final.

    Presidential Chief Legal Counsel Sergio Apostol, during a phone interview, said he agrees with the earlier position of both Justice Secretary Raul Gonzalez and Presidential Adviser on the Visiting Forces Agreement (VFA) Zosimo Paredes that since the case has not been finally resolved as it is expected to reach the Supreme Court, there must be a status quo on the custody of Smith.

    “The judgment is not final. Smith should remain under the custody of US authorities, or the place of detention must remain until the Supreme Court rules on the case with finality. That is clearly mentioned in the VFA,” he added.

    Apostol added the VFA, being a treaty, has the effect of a law and thus prevails over Pozon’s to detain Smith at the Makati City Jail.

    When asked if he thinks Pozon committed a lapse on the matter, he said “I think so. The provisions in the VFA are very clear.”

    According to him, the custody issue is now in the hands of the Court of Appeals (CA) but Executive Secretary Eduardo Ermita, during a chance interview, stressed there are ongoing talks between the DFA and US authorities to clarify the issue.

    Part of the note verbale read by DFA Undersecretary Rafael Seguis said the embassy “reaffirms the right of the United States military authorities to exercise custody of any United States personnel over whom the Philippines is to exercise jurisdiction until completion of all judicial proceedings, notably in the ongoing legal case of Lance Cpl. Daniel Smith.”

    The embassy cited Article V, Paragraph 6 of the VFA which states that “custody of any US personnel over whom the Philippine is to exercise jurisdiction shall immediately with the United States military authorities, if they so request from the commission of the offense until completion of all judicial proceedings.”

    Seguis, however, stressed that Smith may only be transferred to the custody of the US officials only upon authority of the court.

    “We understand that a Motion of Reconsideration on the commitment order has been filed by the lawyers of Mr. Smith,” he said.

    “The Department of Foreign Affairs is coordinating with the Department of Justice on the matter, including the Philippines’ compliance with its treaty obligations,” the Foreign Affairs official added.

    Seguis stressed the DFA stands by the recommendation of Gonzalez that custody should remain with the US “since the case has not attained finality.”

    The US Embassy assured that Smith will remain in the Philippines until the completion of all judicial proceedings while his co-accused Staff Sgt. Chad Carpentier, Lance Cpls. Dominic Duplantis and Keith Silkwood, who were acquitted by the court, will directly return to their military unit.

    Pozon’s decision has elicited mixed reactions from both administration and opposition lawmakers in the House of Representatives.

    Cavite Rep. Crispin Remulla also yesterday noted that the verdict handed down by Pozon against the three co-accused US servicemen was a compromised decision, adding they should also be made liable at least as an accessory to the crime of rape.

    Remulla posited that Smith’s co-accused were present when the crime happened and had allowed the act to happen.

    “Under the Revised Penal Code a person is mandated to help someone in distress,” he said.

    “In effect they (the co-accused) tolerated it,” the lawmaker stressed.

    House Minority Leader Francis Escudero said there is a double standard in the implementation of the law in Smith’s case.

    Rep. Antonio Cuenco, head of the House committee on foreign affairs, said in the light of the rape conviction, it was important that both the US and the Philippines “clarify” the VFA.

    Lingayen Archbishop Oscar Cruz, for his part, also yesterday said while three of the suspects in the case were acquitted he is convinced that justice has been rendered with the conviction of Smith.

    He added he was satisfied with the ruling since it has fairly addressed all the pieces of evidence presented.

    “The decision rendered on the Subic rape case is satisfactory because the arguments cited by the judge are convincing,” Cruz said.

    The bishop stressed what is important is the fact that apart from “the judgment of guilt pronounced by the court” this case has opened up a broader picture among Filipinos.

    “No matter how poor and humble we Filipinos are we should maintain our human dignity before any foreigner no matter how rich or influential they are because before God, all of us are created equal,” he said.

    Meanwhile, Smith hardly got a good night sleep at the Makati City Jail where he spent his first evening as a rape convict.

    Authorities kept mum on the actual room where Smith was detained but said the “prisoner 527” was kept in a separate room away from the cell where the inmates are being held.

    Supt. Melvic Oriero said Smith spent the entire evening awake wearing white shirt, shorts and slippers.

    Due to the unexpected decision of the court to commit Smith to the jail facility, jail officers met yesterday morning to plan security measures.

    “We just want to ensure his safety. We don’t want anything to happen to him,” Oriero said.

    He added US Embassy officials visited Smith around 7 a.m.

    “They brought him clothes and food,” Oriero said. It was also learned that jail guards had blocked an attempt to bring in a laptop computer for Smith,” Oriero said.

    The Philippine National Police leadership, also yesterday said it opposed the idea of Smith being detained in the headquarters of the PNP inside Camp Crame.

    PNP chief Director General Oscar Calderon stressed he does not want Smith or any other “prominent personality” to be detained inside the national police headquarters.

    “As much as possible we don’t want any prominent personality to be brought here,” he told reporters when asked if he would be amenable to Smith’s being kept at the PNP custodial center.

    “The security of the people working in Crame will be disturbed so we advise that (Smith be detained) elsewhere,” he added. Gerry Baldo, Marie Surbano, Ben Gines Jr, Gina Peralta-Elorde and AFP

    Back to top

  68. dan alupay dan alupay

    dapat yung tatlo maparusahan din kasi noong ginagawa ang krimen nandoon sila kaya liable din kaya dapat lang na maparusahan

  69. Chi,

    My beef is that Fr Reuters, who knows how to play to media, was deeply supportive of the US gang rape perpetrators – it’s not that I question his moral responsibility to provide solace to those who need his moral support but to allow himself to unwittingly be used without any regard for the victim, to my mind is deeply offensive – more so because he is American. It showed his bias.

    Anyway, from reading the various posts, I learned that Smith was only 19 or 20 when he committed the rape on Nicole. In other words, he was the youngest in the group.

    This is more sordid than I thought. I have a deep suspicion that the three others who went scot free GOADED, DARED, PUSHED Smith to show that he was a man by forcing himself on an intoxicated Nicole.

    Knowing something of the soldiers’ psyche, particularly of the marines, I wouldn’t be surprised at all that Smith was a victim of the three others. They left him holding the bag – ignoble Marines! If this is the case, those three are equally guilty if not more guilty, more so because one of those who went scot free was a SGT! He must have pushed Smith to do it! Frigging bastards.

    Of course, the poor Smith, probably half-witted as he is couldn’t do anything but to accept the dare! By tradition, Smith, being a member of the US Marines and the more junior in age of the three (undoubtedly) cannot squeal on fellow Marines. In two words: Semper Fi!

    Bullshit! The prosecutors should have seen this and should have pressed the accusation against the others and attacked SEMPER FI! The only way to make one of them crack so the truth would have been known.

    May the three others never sleep for doing such bile act on their fellow Marine!

  70. chi chi

    Anna,

    This is exactly the missing part of the investigation. Smith might have been dared by the three older colleagues to forced himself on Nicole. In my previous post, I did say that something was rotten about the ruling, but was not so sure if someone shares my hunch. Thanks for exploring this angle. You presented the missing angle perfectly. Sayang, hindi ikaw ang prosecutor. Kalaboso sana sila lahat!

    With this kind of crime, they shouldn’t let the three others go free. They were in the same van and watched the crime from A to Z. Yeah, they are guilty as Smith. Kaya pala takbo sila kaagad sa Okinawa.

  71. We’ll discuss this matter with our networks in Japan, Chi. We will demand removal of these soldiers from Japan.

    The best thing the lawyer of Nicole can do is send a letter to the Japan Federation of Bar Associations to present the facts on these soldiers to help establish the connivance even with their own statements to establish the fact that they cheered him up, and therefore, were active participants in the act. Likewise, there were statements that if the base patrol did not come, the three other could have followed Smith in what they originally planned perhaps to gang-rape Nicole. Otherwise, why should they be there?

    Problem, though, Chi is that the police in the Philippines were not allowed to investigate these soldiers because of the interference by the DOJ Secretary himself who could have ordered the US soldiers given to the custody and authority of the Philippine Court or Police since they committed their crimes on a furlough and were out of their uniform when they committed their crime, and therefore, their civilian acts are not covered by the VFA agreement in the same way that US soldiers in Japan are not protected by the US-Japan mutual military agreement when they are not in their uniforms, and are considered civilians liable to any civilian rule.

    Ang bobo naman. Bakit hindi iyan ibinibigay na katwiran? I’ve actually handled cases of US soldiers in Japan as court interpreter, and I know first hand that the US government is not privy to any illegal acts committed by their soldiers in civilian clothes!!! It is different from their acts in war-torn Iraq for instance where they are always in their uniforms, and therefore subject to military court more than the civilian court although they can be subject to an internationa war tribunal!

  72. Chi says, “Yuko, Father Reuters is as old as the ‘nuno sa punso’ in Pinas. Diyan na siya nagkaroon ng tungkod!”

    ******
    Ugh, Chi, the truth is I know a lot many Japanese becoming corrupted when they stay long in the Philippines. Bakit kaya? In fact, I know a number of policemen assigned to the Japanese Embassy in Manila who have been terminated after coming back to Japan because of peculiar habits learned in the Philippines. Nakaka-corrupt ba talaga ang kultura ngayon ng Pilipinas?

  73. Chi, when the Bugaw of Malacanang falls into silence, you can bet your bottom dollar, she is hatching something more deadly like this ChaCha that will give her and her minions more power. Labas ng Pilipinas, Darfur! Heaven forbid!

  74. Yuko,

    Technically, the VFA has a provision that calls for virtually a “blanket protecting” of US troops in the Philippines while they are stationed in the territory in uniform or not, i.e., in exercise or R&R.

    That should a member of the US forces there commit any act that contravenes the laws of the Philippines, the US would have custody of their troops. In that regard, SiRAULO Gonzales, is right. My beef with him is that he shouldn’t be the one enuciating it but should let the Americans do it! The Americans are big enough to do the talking without a screwball from Philippine DOJ doing it for them.

  75. Then, Anna, those Filipino negotiators for this VFA should be chopped, too, for agreement to such one-sided deal.

    Come to think of it, the US was also eyeing for a similar treaty in fact in the 60’s that the powerful student and labor unions in Japan protested vehemently. Ang daming namatay in fact by assassination, etc. because of it. But when you come to think of it, the lives of those who died for the cause, whether pros or cons, were not wasted. The US-Japan Mutual Treaty has in fact also taught the American soldiers to behave even just at least in Japan.

    Why can’t Filipinos do the same is what I cannot understand, and feel angry and agitated about, for over here, Anna, when an American commits such crime especially involving a national of Japan, whether the act was carried in uniform or not, within the US base that is considered foreign territory or not, they get prosecuted under Japanese laws!

    Nakakakulo ng dugo when Filipinos after 60 years of supposed freedom from the USA would remainacting like vassals and subjects (slaves) of the US of A. They should learn a lesson from Hugo Chavez of Valenzuela who says that his country “no es territorio del norte americanos”!!! Filipinos should say that to themselves as well.

  76. This should read: Then, Anna, those Filipino negotiators for this VFA should be chopped, too, for AGREEING to such one-sided deal. Then ForSec should have been wiser to insist on a similar treaty as that of Japan. Problema kasi sa matandang ito mahilig makinig lang ng tsismis!

  77. Yuko,

    Problem is the Philippines have passed the treaty (btw, another treaty is in the offing with Australia this time – the Philippines is going to be the military playground of the Australo-Americano forces soon!), and it would have to be undone before what you suggest can happen sort of go back to square one.

    For the moment while it is in place (VFA), the signatories will have to abide by it. It will take an enormous, huge, super huge political gambit to undo it, i.e., and I reckon Gloria is in such precrarious situation, she cannot taunt Uncle Sam.

    However, world opinion, or in this case, Philippine population opinion may hold sway because sheer pressure can always help to undo the VFA but again, it has to be done.

    As you said, it should have been thought of beforehand. I was in Pinas when it was being negotiated and I was lobbying against the offending provisions and there were generals and admirals who were doing their bit but no dice because, well, because many pinoys in the political realm were plain shortsighted or were scared of Uncle Sam, dunno but it was a lopsided treaty.

  78. The France-RP Defence treaty is more above-board than the VFA there was a provision similar to the the VFA but there were caveats, no such thing as R&R for the troops since France didn’t RP as a military playground.

    After all, we have NATO countries here. The treaty was more on defence technology, training in situ and in France. I have a copy of the treaty. It was signed in 1994 again under Ramos with the today’s Philippine Ambassador to Australia doing lots of the disecting. (And I was there to make sure it was all above board, heheh!)

  79. Siason represented Ramos, Anna, because he was the ForSec, and negotiations carried out with the military whoever he was. He was the one actually sitting there to negotiate according to available records. Ramos just gave instructions.

  80. Hugo Chavez of Venezuela not Valenzuela! Sorry, I was doing something and I dictated the message above to my secretary. Parang automatic checker itong secretary ko kasi. I have this automatic checker that is Japanese based that automatically check grammar, etc. pero boy, Japlish ang labas.

  81. How can Biazon, et al, neglectfully make such claims about the horny US soldiers being buffeted by Filipino prisoners. Ang daming guwardiya, walang magawa? Stupid is as stupid does.

    I worked at a Japanese prison till April this year, and have asked for a sabbatical leave. Walang nakakalusot sa guwardiya as a matter of fact.

    There was one Filipino who got additional penalty in fact for having sex with a fellow inmate inside the bathroom. Huli o di na-kastigo!

    Over here, the US Embassy cannot meddle in the affairs of the court or dictate things on the officials of the Japanese government or the staff of the Ministry of Justice. Sila ang susunod sa mga hapon on Japanese territory. Kaya bilin nila sa mga sundalo nila dito, they have to behave. They are even distributing video tapes they produced to educate US nationals how to behave in Japan. Kaya bakit ang pilipino ang mag-a-adjust doon sa gunggong na malibog pang kano. Siya ang mag-adjust sa Pilipinas.

    But then, it is a reflection of Filipino hospitality daw. It is typical of Filipinos to be so generous, etc. to their guests but not to one who has committed a crime against a Filipino national. Itong mga dyatan ng mga pilipinong napailalim sa mga kano talaga, hanggang ngayon colonial mentality pa rin!!!

    PATALSIKIN NA, NOW NA!

  82. nelbar nelbar

    ystakei says, “Nakaka-corrupt ba talaga ang kultura ngayon ng Pilipinas?”

     
    sinabi mo pa!

    iyong lang na manood ka ng TV sa Pilipinas eh magiging gago ka na rin!

    Tingnan mo sina Bong Revilla, Joey Marquez, Richard Gomez at Benjie Paras(na kilalang taga UP) na pawang taga GMA7?

    Anong klaseng ehemplo ang maituturo nito sa mga manonood at Kabataang Pilipino?

     

    At isa pa itong si Tito Sotto ng Eat Bulaga.

    Meron silang show na dinadaya ni Tito Sotto ang score(sa isang paligsahan ng gaguhan) na pabor sa anak nitong si Ciara Sotto. Kitang kita pa ng mga audince sa studio pero tuwang tuwang naman ang mga manonood 🙁

    Minsan pa nagsuot ito si Tito ng pang-Arabo na pang i-insulto sa mga taga middle east.

     

    Kawowowee talaga ang Pilipinas!

     

    HINDI KO HAHAYAAN NA MAPASAKAMAY NG MGA KUPAL NA ITO ANG LIPUNAN NA GAGALAWAN NG ANAK KO!

     

  83. nelbar nelbar

     

    Minsan pa na nagpalabas ng isang show ang Eat Bulaga na kung saan binababoy ang pagkatao ng mga kababaihang maitim (colored people) sa katauhan ni BLACKIE LOU BLANCO. –tinuturuan na katawa tawa ang mga maiitim na tao.

    Hindi ba nasasaktan si Jaya(anak ni Elizabeth Ramsey) dito na kung saan isa rin na taga GMA7.

    Sana kayo dyan sa GMA7 : KAYO MISMO ANG MAKAKATULONG NA MAIANGAT ANG DANGAL NG MGA PILIPINO, HINDI LANG SA KABUHAYAN PATI NA RIN SA KUNG PAPAANO MAUUNAWAAN ANG TUNAY NA KAHULUGAN NG DIGNIDAD NG BAWAT PILIPINO!
     

  84. anthony scalia anthony scalia

    Tsk tsk. too bad for Smith. Anyway, I expect an acquittal from the Court of Appeals. The justices there would just let the high emotions subside till it becomes a non-issue.

    ‘Nicole’ is appealing to reason, that she would not go to such extent if she were not raped. Well, Smith also can appeal to reason: very rare is the defense that the intercourse was consensual. More often, the accused will raise an alibi.

    The judge succumbed to public pressure. Let the appeals court take the heat from an acquittal. Judicial independence? Gabriela et al are great in fueling public outcry. Napakagaling manggatong. Its funny you’ll see banners of ‘Ibagsak VFA’ among the crowd waiting for the decision.

    Ask any lawyer you know. The general consensus is Smith should be acquitted.

    Nakakalungkot. Nagatungan si ‘Nicole.’ Kelangang panindigan niyang ni-rape nga siya. The intercourse was really consensual.

  85. Mrivera Mrivera

    may sumulpot na namang genius? tsk. tsk. tsk.

  86. Mr Rivera,

    Anthony Scalia’s “The intercourse was really consensual.”

    So, Scalia must have been there too acting as the GI’s rah-rah boy! He must have been the guy who went into hiding when the plaintiff was trying to look for the lost “witness.”

  87. Mrivera Mrivera

    you only know how to press down down those who are fighting to save their own dignity.

  88. Renato Renato

    anthony scalia would be a great addition to the pom-pom boys or girls(?) of this bogus gov’t.,siraulo g.s’ inept and corrupt public persecution panel, and most of all the megalomaniacs in the american embasshit!

    Typical of this present fake dispensation, so corrupt, so prostituted!Patalsikin na, now na!!!

  89. anthony scalia anthony scalia

    To Ellen:

    Point of order:

    Why was the post next to my Dec 6 1:05 pm post amended? The post “may sumulpot na namang genius? tsk. tsk. tsk.” was originally “may sumulpot na namang genius? tsk. tsk. tsk. balimbing na bayaran”

    Then why was my post-reply to “may sumulpot na namang genius? tsk. tsk. tsk. balimbing na bayaran” deleted? I thought this blog has “freedom of expression.”

    Why are you exercising censorship? Did the phrase “envelopmental journalism” hurt? It must be true then.

    To anna de brux:

    Hey, it didn’t occur to me that you must be there too. An eyewitness to the incident. You must have seen how ‘Nicole’ struggled and protested (in vain) with all her might. For all I know, you must be the one ‘lost’ witness.

    Yeah yeah, you could have been the smoking gun of the prosecution.

    To Renato:

    “anthony scalia would be a great addition to the pom-pom boys or girls(?) of this bogus gov’t.,siraulo g.s’ inept and corrupt public persecution panel, and most of all the megalomaniacs in the american embasshit!”

    Yo Renato my new buddy! You must be a pom pom boy or girl yourself! Because it takes one to know one! You must be a pom pom boy or girl of Erap who still holds the delusion of being President still.

  90. anthony scalia anthony scalia

    “you only know how to press down down those who are fighting to save their own dignity”

    nagatungan lang si ‘Nicole’ ng Gabriela et al, who are looking for a poster girl on why the VFA is wrong, immoral etc. What was originally a private consensual act between two consenting adults became a circus of the media and cause-oriented groups. It just so happened that one of the parties is an American soldier participating in the much-hated VFA.

  91. Mrivera Mrivera

    anthony scalia,

    ang hirap kasi sa iyo, itinuturing mong ikaw lamang ang tao sa blog na ito at hindi mo iniisip kung merong taong masasaktan sa sinasabi mong wala ka namang batayan. para bang walang kamag-anak ang pinugayan na nga ng dangal, pinalalabas mo pang sinungaling at kaladkarin. palibhasa ay wala kang pakiramdam at pakialam sa nangyayari sa paligid mo at kung sino pa ang inapi ay siya mo pang sinisisi at pinagdududahan kahit hindi mo kilala ang tunay na pagkatao. lumalabas na kinakampihan mo pa ang walanghiyang nagsamantala sa kahinaan at pagtitiwala ng kawawang biktima. kung sa anak mo, kapatid, kamag-anak o kaibigan kaya mangyari ang ganun, matutuwa ka pa?

    bakit ako nagagalit sa iyo? pamangkin ko ang biktima at kilala kong masayahin, palakaibigan at madaling magtiwala.

  92. anthony scalia anthony scalia

    To Mrivera:

    Magalit ka na sa akin, I don’t care. Eh ano ngayon kung pamangkin mo? Eh ano ngayon kung masayahin, palakaibigan at madaling magtiwala? That even adds credence to the view that the intercourse was consensual. Saka ‘Nicole’ is already an adult, kaya na nyang magdesisyon ng para sa kanya. The fact remains, the intercourse was consensual. Talagang napasubo lang si ‘Nicole’ dahil pinasukan ng Gabriela et al.

    Admit it – ‘Nicole’ was used by the critics of the VFA; they were looking for the symbol of what’s wrong with the VFA! Magalit ka rin sa Gabriela et al. kasi para sa kanila, ang pinaka-isyu ay hindi si ‘Nicole’ but ang VFA!

    Alam mo ba, kung hindi lang pinasukan/ginatungan ng Gabriela et al ang situwasyon, baka di na lumaki ang isyu.

    nakinikinita ko na that you will put words in my mouth, attributing to me statements that i did not make. kaya let me be clear about this – wala akong ginagawang value judgments on ‘Nicole’ (hindi namang masasabing value judgment ang napasubo/nagatungan). wala akong comment as to what kind of woman she is.

  93. jr_lad jr_lad

    to anthony scalia:

    it’s hard not to comment on this one. so, you think those witnesses accounts about “Nicole”, like being carried-out of the club on smith’s back and later on dumped from the van half naked were signs of consensual sex to you? who are those “lawyers” who would say that the general consensus is an acquittal for smith? maybe you’re referring to the defense lawyers and the doj? or that’s only your perception?

    “nagatungan lang si ‘Nicole’ ng Gabriela et al, who are looking for a poster girl on why the VFA is wrong, immoral etc. What was originally a private consensual act between two consenting adults became a circus of the media and cause-oriented groups. It just so happened that one of the parties is an American soldier participating in the much-hated VFA.”

    this is a crappy idea. outrageous actually. ginawa mo pang victim si smith. a private consensual act between two consenting adults ba kamo? while the 3 other americans are cheering them on? they made a show for the others, is that what you’re saying? do you know this woman to have the nerve to say that? what she and her family have gone through throughout her ordeal? or you don’t understand the meaning of rape?

    i think if this case happened in the US, it would have been easier to convince you that rape indeed did happen. just like it’s easier for you to believe (maybe) that Kobe Bryant raped that woman in a hotel (you know his case?) than “Nicole” being raped by smith.

    you are as insensitive as the doj chief and his cohorts to even insinuate that “Nicole” is being used by other people. as insensitive and as idiotic as Exile to even say that “Nicole” is a prostitute and equate her case to a possible lost in US Aids and the billions of dollar remitances for rounding up TNT’s and sending back to the Phils if we annoy uncle Sam. in a way he is saying it’s okay for our “master” to rape our women in return for those mighty dollars. it’s so pathetic.

    here’s one article for you two to read to have an idea about the vitim. http://www.abs-cbnnews.com/storypage.aspx?StoryId=58381

  94. dare you call the VFA a treaty, anna db? it wasn’t given the courtesy of being ratified by the philippine senate’s counterparts on the other side.

    anthony s, wouldn’t consensual mean that both parties agreed? in the absence of agreement, smith cannot claim that he did not rape her.

    here’s an analogy for you: uma thurman’s character in kill bill was (initially) unconscious, and could not have resisted at the time she was in a coma. are you saying that in her absence of resistance, the men who used her were not rapists?

  95. Mrivera Mrivera

    anthony scalia,

    ang katulad mo ay isang tuod na walang buhay na dumadaloy at lamang nasasaktan kaya ganyan ka! you have already given your judgment then sasabihin mong wala kang value judgment? ano man ang gusto mong palabasin, ‘yun din ang ibig mong tukuyin.

    uulitin ko, kung sa kadugo mo mangyari ang ganito, ano ang mararamdaman at sasabihin mo?

  96. Mrivera Mrivera

    from tribune:

    Robbing the Filipino people again

    FRONTLINE

    Ninez Cacho-Olivares

    12/07/2006

    The Gloria government couldn’t even wait to have the US government, through its embassy in Manila, ask for the custody of convicted Lance Cpl. Daniel Smith, which only shows just how submissive this government is to US interests.

    If only for show, the Gloria government could have displayed prudence. Instead, immediately after the conviction and sentencing of Smith by Makati Regional Trial Court Judge Benjamin Pozon, who had ordered the temporary jailing of Smith in a Makati jail until the Philippine and the US governments come up with an agreement on his permanent custody, it was the Philippine government, through Malacañang, its Department of Justice (DoJ) and the Department of Foreign Affairs (DFA) insisting that Smith should be placed under the custody of the American government.

    It was only last Tuesday that the US government handed a note verbale to the DFA, to seek custody of Smith, which no doubt the Gloria government will accede.

    Even at the start, when the rape complaint was lodged, it was also the Philippine government that insisted Smith and his three co-accused be placed under the custody of the US Embassy, even when there was a clear proviso in the Visiting Forces Agreement that the RP government also had as much right to seek the custody of the accused under the same agreement. But it was clear even then, that Malacañang would ensure that the accused would not be detained for even a moment in any jail in the Philippines, by insisting that the US should take custody of the four accused American servicemen.

    Worse, Malacañang and its agencies were said to have placed an inordinate amount of pressure on the Subic prosecutors and even made sure that the case would be made weaker, by upholding the recantation of the Filipino van driver and worse, rejected the inclusion of three accused servicemen as accessories to the crime of rape.

    And when this move by the private prosecutor to include them as co-accused worked, and when the case was clearly going well for the rape victim, there was that clear move from the state prosecutors to marginalize the private prosecutor, deliberately bungling the cross-examination of defense witnesses and even doing away with another important witness. Worse, there was even an offer of a settlement for rape victim “Nicole” for her to drop the case.

    Clearly, the intent was to have all the US servicemen acquitted, but private prosecutor Evalyn Ursua, doing a yeoman’s job in protecting the interest of her client, succeeded in proving the case of rape against Smith, which was obviously not what Malacañang and the US government wanted to happen which is perhaps the reason Malacañang and its agencies quickly announced that the US government should be taking custody of Smith even before the embassy asked for it.

    Still, this shows just how little Gloria and her government treat sovereignty and independence and display their utter subservience to American interests — and all because of her fear that the US government will dump her, as her support from the Bush government has also gone awry, from the day she gave in to the Iraqi terrorists in exchange for the life of Filipino truck driver, Angelo dela Cruz.

    There is little doubt that Smith will spend time in a Philippine jail and there is also no guarantee that the US government, once it gets custody of Smith, will have him face his conviction finally upheld by either the appellate court or the Supreme Court. He may well be given the same treatment the other servicemen who committed crimes against the Filipino people during their stay in Clark and Subic bases then. They were promptly shipped out of the country, away from the jurisdiction of the Philippine courts.

    Who is to know, once Smith is in the US government’s custody, just where he is? He will certainly not be tried in the US courts for the crime of rape that he had been convicted of in this country. Once he is out of Philippine jurisdiction, there is nothing, but absolutely nothing that can be done by our courts of law to enforce whatever sentence is finally handed down on him.

    The Filipinos won when Judge Pozon convicted Smith, since this is their victory, given the fact that this is the first time an American serviceman has been made to account for his crime against a Filipino woman.

    But even in this, Gloria Arroyo again robbed the Filipinos of their victory by not even fighting for the country and the nation’s rights.

    When will she stop robbing the Filipino people?

  97. Renato Renato

    Save your saliva Mrivera, scalia already admitted it, he doesn’t care!From that, you can pick up what sort of person we are dealing with!Correction boy, I’m a pom-pom boy for FPJ (and proud of it),not a cheater or a liar, unlike your bogus president!Patalsikin na, now na!!!!

  98. norpil norpil

    at one point i can agree with anthony that smith is a victim,i.e., a victim of his own lust.

  99. Jr. Lad:

    You bet, this ass-licker is talking nonsense, and about things he is definitely ignorant of.

    For one thing, Nicole and her mother have their own mind. They were the ones who sought GABRIELA’s help, not the other way around. A friend of mine, a lawyer, told that they refered her to GABRIELA’s lawyer, who gladly took up her case to defend her.

    Daldal ng daldal wala namang alam. Iyan ang mas grabe! I wonder how much this guy gets paid for his lipservice to the Bansot! Funny how we seem to have better exchanges here when the Fatso was in the hospital. Then, after his release, we see these familiar names of asslickers once more. I wonder why!

    Ngayon labas na naman si Tabatsoy, balik na naman ang mga magugulo! Oh well! Basta tira na lang ng tira. Matira ang matibay! 😡

  100. chi chi

    I like that Norpil. Smith “a victim of his own lust.” Ano pa nga ba!

  101. anthony scalia anthony scalia

    To anna de brux and ystakei:

    Only an authentic, certified VETERAN ass-licker can identify another ass-licker.

    I congratulate all of you for identifying me as an ass-licker.

    My, am I in good company!! Its great to be identified with a Fil-Belgian and a Fil-Japanese. For sure you can give me advice on the fine art of ass-licking. I’d like to learn from your experience.

    Ikaw din, ystakei, daldal ka rin ng daldal wala ka rin alam. Lahat naman ng info mo ay sixth-hand evidence.

  102. anthony scalia anthony scalia

    To jester-in-exile:

    “wouldn’t consensual mean that both parties agreed?”

    yes

    “in the absence of agreement, smith cannot claim that he did not rape her”

    i guess what you are saying, in the absence of an express consent to have sex, any intercourse that takes place is without consent and hence a rape. Well, you have a point there.

    But according to Smith, a consent was given. COnsent may either be direct (saying an outright yes) or by indirect means. She may have given her consent while under some influence of alcohol.

    on the Kill Bill scene:

    Whoever watched it gets to see first hand how the scene went. Yes, Uma Thurman’s character got raped in that scene.

    But in the case of ‘Nicole’ nobody really knows what exactly happened. Unlike in the movie, we never actually saw how the intercourse went.

    That’s why in rape cases, its always boils down to the word of the victim against the word of the accused.

    ‘Nicole’ appeals to reason, that if she were not really raped, she would not go to such an extent. Smith can also appeal to reason – he will not raise the defense that the intercourse was consensual if he really raped her. In over 95% of rape cases, the usual defense of the accused is alibi – he is someplace else at the time of the alleged rape, not admitting sexual contact.

  103. anthony scalia anthony scalia

    To Renato:

    “I’m a pom-pom boy for FPJ (and proud of it),not a cheater or a liar,”

    FPJ? Not a cheater or a liar? Why, have you lived close to FPJ to be able to declare that? Di mo ba alam na may anak sa labas si FPJ? That’s already cheating on Susan Roces, and he probably lied about an extra-marital affair at one point in time.

    Ayan, lumabas din ang katotohanan. Maka-FPJ kasi kayo. Nagtatago pa kayo under motherhood statements. Hey boy, don’t lump yourself with the people who only have righteous indignation against GMA – people who are not pro Erap, pro FPJ, pro Marcos, pro Cory, people who don’t have vested interests.

    Lahat naman kayo dito, connected sa mga may vested interests. Tulad na lang ng pahayagan ni Ellen. Mga anak ng Diyos kasi sila nung panahon ni Erap. Eh napatalsik si Erap. Gusto nilang bumalik ang glory days during the short Erap years, kaya ganun na lang ang pagbatikos sa kasalukuyang rehimen.

    Aminin mo na ang reason bakit gusto nyong patalsikin si GMA ay “Kami naman.” Kina Jake Macasaet et al. , its “Kami naman uli”

  104. anthony scalia anthony scalia

    To jr_lad:

    No buddy, I had no access to the defense lawyers. I challenge you to ask, at random, any lawyer on what he thinks of the verdict and what are its chances on appeal? You’ll come up with just one answer – acquittal on appeal. One request – don’t ask Atty Ursua or any lawyer who worked on the prosecution.

    As for Kobe’s case – its still consensual sex. The case was a clear attempt at blackmail, to get an obscene amount as settlement.

    People cheering while two people are having sex? That’s not impossible. Obviously you have not been to stag parties, judging by your name jr lad (junior lad?).

    “do you know this woman to have the nerve to say that?”

    hey, it helped her case, so she must have the nerve to say that. Or maybe, Gabriela et al were persuasive in getting her to say that.

    “what she and her family have gone through throughout her ordeal?”

    Just think for a moment – this ordeal will not beome the ordeal that it became if not for the panggagatong ng Gabriela et al. and the resulting intervention of media. Yes, the case caused stress to her family. But much of the stress were caused by Gabriela et al and the media.

    Just think for a moment – Gabriela et al are looking for ways to discredit the VFA. ‘Nicole’ was the best weapon to do it.

    “or you don’t understand the meaning of rape?”

    Iho, don’t worry, I do understand the meaning of rape. That’s why I’m saying that the intercourse of Smith and ‘Nicole’ are consensual.

    “you are as insensitive as the doj chief and his cohorts to even insinuate that “Nicole” is being used by other people.”

    Bakit, hindi ba?

    “as insensitive and as idiotic as Exile to even say that “Nicole” is a prostitute”

    Iho, wala akong judgments/comments on the character of ‘Nicole’ other than ‘nagatungan’ and ‘napasubo.’ Never did I say that ‘Nicole’ is for hire.

  105. anthony scalia anthony scalia

    To Mrivera:

    “ang katulad mo ay isang tuod na walang buhay na dumadaloy at lamang nasasaktan kaya ganyan ka!”

    Pwede yang comment mo kung kumbinsido akong na-rape nga si ‘Nicole’ at pinagpipilitan kong consensual ang intercourse. Pero hindi eh. Kumbinsido ako na the intercourse was consensual.

    “you have already given your judgment then sasabihin mong wala kang value judgment?”

    haay naku. bale wala rin pala yung concluding disclaimer ko. Ayan, you are putting words in my mouth, attributing to me statements i did not make.

    by ‘value judgment’ I mean di ko hinuhusgahan ang character ni ‘Nicole.’ Di ko sinasabi, tulad ng iba, na she is for hire. HINDI KO SINASABI YON. WALA RIN AKONG SINASABING SHE IS OF LOOSE MORALS. THOSE ARE VALUE JUDGMENTS WHICH I DIDN’T MAKE.

    “uulitin ko, kung sa kadugo mo mangyari ang ganito, ano ang mararamdaman at sasabihin mo?”

    Instead of ‘Nicole’ ay kadugo ko, under the same ciurcumstances? Magagalit ako sa Gabriela et al at sisigawan ko silang ‘huwag nyong gamitin ang kadugo ko para sa sarili nyong interest! wala syang kinalaman sa VFA!’ at sasabihin ko sa kadugo ko ‘huwag kang magpa-gatong sa mga yan’ For sure lilitaw din na the intercourse was consensual. Habulin na lang yung mga kano for the other acts, like yung pag abandon/dump sa kanya.

  106. anthony scalia anthony scalia

    To norpil:

    “at one point i can agree with anthony that smith is a
    victim,i.e., a victim of his own lust”

    Yes, that’s true. If he only exercised a little self-restraint at that time…

    Lust can be satisfied by consensual sex.

  107. Renato Renato

    scalia boy,it’s you who has this deplorable thinking of, “kami naman mentality!”Remember, the thinkers are the doers.You can catch a fish(stinking at that) by it’s mouth!It’s obvious(in my opinion),you are insensitive and corrupt!Magkano ba ha!You do belong with your fake and lying president,and while your at it, you can sit-in for the immoral goons in tongress for your immoral cha-cah shit!We can be proud in this blog that we don’t have any interest to protect,just the truth!Simpleng OFW lang ako na gusto ng pagbabago, at presidenteng magpagkakatiwalaan, di mandaraya at di sinungaling!It’s you scalia boy whose an anathema in this blog because of your pathetic thinking!Selfish,whats’in it for me mentality!Again, you are tailor-fit for this fake and corrupt gov’t.Pera lang talaga katapat sa mga katulad mo!Watch out for you love ones scalia boy, that they don’t raped tonight or the next!For now,Patalsikin na, now na!!!!!!!

  108. anthony scalia anthony scalia

    To Renato:

    Oh, how do I love thee? Let me count the ways:

    “it’s you who has this deplorable thinking of, “kami naman mentality!”

    Di ba sabi mo part ako ng rehimen? Di ko na kailangang sabihing ‘kami naman.’ INGGIT KA LANG kasi WALA KAYO SA KAPANGYARIHAN.

    “Magkano ba ha!”

    Inggit ka lang. Definitely higher than what you are getting. WAY MUCH HIGHER. Again, INGGIT KA LANG

    “We can be proud in this blog that we don’t have any interest to protect,just the truth!”

    ******chokes and throws up******
    Alam mo iho, lahat ng tao, ini-invoke ang truth palagi. As if adding the word ‘truth’ will make one’s declaration true.
    If you have to add the word ‘truth’ its obvious you don’t have it. You’re just being yourself, someone with a vested interest, nagtatago din sa cloak of ‘truth.’ Pwe! Gusto nyo lang bumalik si Erap sa Malacañang

    “Again, you are tailor-fit for this fake and corrupt gov’t”

    Just as you are tailor fit for the equally corrupt, good-for-nothing, destabilizing, its-my-turn ‘united opposition’

    “Pera lang talaga katapat sa mga katulad mo!”

    Ikaw din naman ah. Haay naku, sour graping ka lang. Kasi tinitipid ka ng grupo ni Erap.

    “Watch out for you love ones scalia boy, that they don’t raped tonight or the next!”

    On second thought, males can be raped also. Kaya OK, noted. OFW ka kamo? Baka nandiyan ka sa isang lugar na nire-rape ang males. So it is you who should watch out.

  109. Renato Renato

    You sure sound like a corrupt and pera-pera lang sycophant of your fake president scalia!I pity you for selling soul to the father of lies!Ok lang maski masmalaki ang kita o nakaw mo, it will not last!I’m contented with what I’m earning albeit the honest way,by the sweat of my brow!Kawawa naman ang mga tulad mo!Always looking at their back,natatakot baka mahuling nangugurakot,constantly covering their tracks!Ang hirap no,you have no peace.Whatever you sow, that you shall reap boy!For now,Soldiers/Protectors of the People and Constitution,MOVE NOW!!!Patalsikin na, NOW NA!!!!

  110. jr_lad jr_lad

    Anthony,

    “I challenge you to ask, at random, any lawyer on what he thinks of the verdict and what are its chances on appeal?”

    well, it’s strange because we’re getting different results. maybe we should refer then to an international lawyer, para walang bias. what do you think? walang influence ng Gabriela. anyway, what was the basis of those lawyers you’ve ask for them to say that smith is innocent and what happened was consensual sex?

    “People cheering while two people are having sex? That’s not impossible. Obviously you have not been to stag parties, judging by your name jr lad (junior lad?).”

    tatang, listen to yourself. wala ka kamong sinasabing value judgment for Nicole but what do you mean with your above statement? you just made a very bad example by implying that she is capable of doing what those paid entertainers do in a stag party. okay, you’re not saying that “Nicole” is a prostitute, you meant to say then she “performed” for free in the presence of those men?

    you just gave me an impression of your pagiging “macho”. if lahat ng tao ay kagaya ng paniniwala mo wala ng kasong rape sa mundo. fortunately, rape is well defined in criminal law just not in the phils but internationally. there are even such cases as “date rape” and “marital rape”. even prostitutes can be raped. or you don’t believe that also, if we follow your logic no one can be accused of raping his date or his spouse/partner. if something happened it must be consensual sex to you.

    oh, I get it. the only rape that is acceptable to you are those cases where the victims are killed after the perpetrators are done with their victims. but for someone as innocent looking as smith, it’s impossible, right?

    and how can smith give an alibi that he was not there when all the witnesses have already pointed to their group? don’t you think it would be too stupid for him to do that?

    i think there’s too much lust in your perverted mind (too much reading of Sagad or Xerex maybe) that when you read stories like this you tend to be skeptical about the victim’s motive for seeking out justice (is it because victims doesn’t come out always?). you might be having a turn-on fantasizing what those people did to their victims. it’s all just entertainment to you.

  111. anthony scalia anthony scalia

    To anna de brux:

    “Friends, ignore the bastard!”

    Why are you telling your friends to ignore Erap?

  112. anthony scalia anthony scalia

    To Renato:

    “You sure sound like a corrupt and pera-pera lang sycophant of your fake president scalia!I pity you for selling soul to the father of lies!”

    Ikaw naman you sound like the delusional Erap who still believes he is still president. Saka by being a paid mouthpiece of Erap, you also sold your soul to the father of lies.

    “Ok lang maski masmalaki ang kita o nakaw mo, it will not last!I’m contented with what I’m earning albeit the honest way,by the sweat of my brow!”

    Hey, I’m not denying that a mercenary can earn an honest day’s wage by giving an honest day’s labor. Tinawag mo akong bayaran, eh pareho din naman tayong bayaran. Alam ko namang loyal and faithful ka sa nagbabayad sa yo. Take note, di ko sinasabing double agent ka. Marami pa namang natira sa nakurakot ni Erap, kaya humingi ka ng umento.

    “Ang hirap no,you have no peace.Whatever you sow, that you shall reap boy!”

    On the contrary, I have peace. Hindi mahirap. Nothing gives peace more than the fact that neither Erap nor FPJ is President!

    I agree that ‘Whatever you sow, that you shall reap.’ Para sa yo din ang mensaheng yan.

    “For now,Soldiers/Protectors of the People and Constitution,MOVE NOW!!!Patalsikin na, NOW NA!!!!”

    Nakupo iho, earn some credibility muna. They will not listen to anyone associated with Erap and FPJ.

    DI mo ba napapansin, matagal nang pinagsisigawan yang ‘patalsikin na now na’ eh di pa rin kumikilos ang ‘Soldiers/Protectors of the People and Constitution.’

    Pero freedom of expression nga pala ang pagsigaw ng ‘patalsikin na now na.’ Saka i don’t have the right to stop you from destroying your own throats.

  113. anthony scalia anthony scalia

    To jr-lad:

    “well, it’s strange because we’re getting different results. maybe we should refer then to an international lawyer, para walang bias. what do you think? walang influence ng Gabriela.”

    PLEASE DO. REALLY. PLEASE DO. Then share with us the results

    “anyway, what was the basis of those lawyers you’ve ask for them to say that smith is innocent and what happened was consensual sex?”

    befoe i answer that, ikaw, what is your basis in saying that ‘Nicole’ was raped?

    “tatang, listen to yourself. wala ka kamong sinasabing value judgment for Nicole but what do you mean with your above statement? you just made a very bad example by implying that she is capable of doing what those paid entertainers do in a stag party”

    haay naku iho, junior lad ka pa nga. Not all ‘entertainers’ in a stag party are for-hire. Even friends of the man to be wed participate. Though that’s not a common occurrence, it is no longer surprising if it ever takes place. And not just in stag parties. In very private parties, something similar can take place.

    “okay, you’re not saying that “Nicole” is a prostitute, you meant to say then she “performed” for free in the presence of those men?”

    I don’t know. Ikaw ang nagsabi nyan. It may be possible that the 3 who were acquitted just barged in while Smith and ‘Nicole’ were minutes into their act.

    “you just gave me an impression of your pagiging “macho”. if lahat ng tao ay kagaya ng paniniwala mo wala ng kasong rape sa mundo”

    a very hasty and erroneous generalization. i never said na walang rape. YOU ARE PUTTING WORDS IN MY MOUTH.

    “fortunately, rape is well defined in criminal law just not in the phils but internationally”

    true

    “there are even such cases as “date rape” and “marital rape”. even prostitutes can be raped”

    true, but not marital rape.

    alam mo bakit tinawag na date rape? consenting to go out on a date doesnt mean the woman consented to sex also.

    sorry to inform you, and you can complain all you want, but walang marital rape dito sa ‘Pinas. Though the provisions of the revised penal code on rape can accommodate marital rape, Supreme Court decisions interpreted that to exclude marital rape.

    “oh, I get it. the only rape that is acceptable to you are those cases where the victims are killed after the perpetrators are done with their victims. but for someone as innocent looking as smith, it’s impossible, right?”

    oops, YOU ARE PUTTING WORDS AGAIN IN MY MOUTH. haay naku, those are exactly words from one inexperienced in engaging in intelligent rational discussions. i’ll attribute that na lang to your youth.

    “and how can smith give an alibi that he was not there when all the witnesses have already pointed to their group? don’t you think it would be too stupid for him to do that?”

    HEY HEY I DIDNT SAY THAT SMITH GAVE AN ALIBI. I ALWAYS MAINTAINED THAT THE SEX WAS CONSENSUAL, WHICH IS IN DIRECT CONFLICT WITH AN ALIBI. I JUST SAID THAT IT IS VERY VERY RARE FOR AN ACCUSED TO INVOKE CONSENSUAL SEX AS A DEFENSE, AS THE COMMON DEFENSE IS ALIBI.

    “i think there’s too much lust in your perverted mind (too much reading of Sagad or Xerex maybe) that when you read stories like this you tend to be skeptical about the victim’s motive for seeking out justice (is it because victims doesn’t come out always?). you might be having a turn-on fantasizing what those people did to their victims. it’s all just entertainment to you.”

    haay naku, such inexperience in intelligent rational discussions. have you forgotten your lessons in logic and argumentation? maybe you were absent? but don’t worry, 95% of bloggers here are in the same boat as you, argumentation-challenged. What they lack in intelligent/rational argumentation, they compensate with ad hominems.

    all i said was the intercourse was consensual.

  114. Renato Renato

    Anyway scalia boybastard, we’ll just see who has the last laugh.Nothing lasts forever(remember Marcos)!For now!!!Patalsikin na,NOW NA!

  115. anthony scalia anthony scalia

    To Renato:

    “Anyway scalia boybastard, we’ll just see who has the last laugh.Nothing lasts forever(remember Marcos)!For now!!!Patalsikin na,NOW NA!”

    Whatever you say, Erap ass-kisser. True, nothing lasts forever. Remember Erap.

    Anyway, its your throat which will be strained in shouting ‘patalsikin na now na’ ad nauseam, not mine.

  116. Actually, I should have said that in the plural form (and I’m being polite about them):

    “Friends, ignore the bastardS,” i.e., Gloria and her ass-licking supporter going by the name of Scalia!

  117. This SiRaulO should be kicked out! Just who is this guy serving? The Americans? I bet you that with the Nora Aunor body double going down, down, down, this guy must be offering the US some information to be able to be granted an asylum visa to the USA just like what some policemen tried to do selling evidences against some Islam Fundamentalists did in 1995.

    Kawawang Pilipinas! PATALSIKIN NA, NOW NA!

  118. anthony scalia anthony scalia

    To anna de brux:

    hey, fellow ass-licker, you are the one being ignored!

    To ystakei:

    Di ba another word for sira-ulo is YUKO-YUKO?

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