We have it from good sources that Malacañang denizens are congratulating themselves for the successful midnight transfer of Lance Corporal Daniel Smith from the Makati City Jail to the US Embassy despite pending appeal on the custody of the American serviceman convicted of raping a 23-year old Filipina in Subic in Nov. 2005.
With Smith now in American custody, Malacañang believes the Court of Appeals will decide that the main petition of Smith’s lawyer on the custody “is moot and academic.”
“The momentum is now in our favor,” a source from the executive department said adding that “national interest has been served.”
The same source said that had they not taken out Smith from the Makati City jail, it is doubtful if Associate Justice Apolinario Bruselas would dare defy public pressure being waged by what he described as the “noisy left.” He said they are aware that “a higher court will not reverse the judgment of the lower court unless the latter’s ruling is patently wrong.”
Makati Judge Benjamin Pozon , who convicted Smith of rape, said that as stated in the RP-US Visiting Forces Agreement, US right of custody over Smith “was terminated after the completion of the trial and rendition of judgment of conviction.”
Smith’s counsels aver that the judgment is not yet final because the decision is on appeal.
Actually Pozon provided an orderly transfer of custody of Smith to the US when he included in his judgment that the appropriate facility for the detention of Smith should be determined by Philippine and US governments.
In his Dec. 12, 2006 order, Pozon said, “This Court maintains its ruling under its Decision promulgated Dec. 4, 2006 temporarily committing him in the Makati City Jail and he shall continue to be so committed until the appropriate Philippine and United States authorities shall have come to a binding agreement as to the proper facilities where said accused shall carry out his confinement or detention during his appeal and until furhter orders from this Court.”
The executive department, however, bungled it big time. First, it was Chief Sate Prosecutor Jovencito Zuño who entered into an agreement with US Ambassador Kristie Kenney on the return of Smith to US custody. Pozon rejected it saying that the agreement should be signed by a cabinet rank official, which Zuño is not.
An obviously annoyed Justice Secretary Raul Gonzales had to sign the second agreement with Kenney which Pozon again refused to honor saying Gonzalez is not the official authorized to enter into international agreements.
Finally, before Christmas, Foreign Secretary Alberto Romulo and Ambassador Kenney signed the agreement that provided for the detention of Smith at the Rowe building inside the US Embassy compound.
Rejected twice by Pozon, the executive department didn’t bother to submit the Romulo-Kenney agreement to the Makati judge.The source said that when Smith’s counsel elevated the case to the Court of Appeals, effectively the case had been taken out of Pozon’s jurisdiction.
That’s, of course, their (executive department) opinion which Nicole’s counsel, Evalyn Ursua, disputes. Yesterday, Ursua filed contempt charges against those involved in the surreptitious transfer of Smith to the US embassy.
Ursua also asked to court to issue a warrant of arrest for Smith, who, she said, is now a fugitive.
The source said with Smith now safe in US hands, they are not worried. Anyway, as articulated by the justice secretary, “there is no groundswell of opposition” to their having sprung Smith from the Makati City jail. He also noted that except for the “noisy left” many are really not sure if indeed there was rape.
Told that what they did smacks of jungle rule, the official said they did it for “national interest” because the military would suffer with the cancellation of the RP-US military exercises.
We also got the information that the military mafia in the cabinet was worried that if the US remains displeased with the Arroyo government, they cannot count on them in case they “move” to forestall Gloria Arroyo’s fall.
Now that Smith is in their custody, US Embassy spokesman Matthew Lussenhop announced that the military exercises scheduled in February will push through.
I suppose that also means that for the George Bush, Arroyo is back to being her girl. She may yet get her much-desired invitation to the White House again.
Even the usually pro-Arroyo medium Philippine Star is shocked (well, at least through Jose Sison’s column):
Starting on the wrong foot
A LAW EACH DAY (KEEPS TROUBLE AWAY) By Jose C. Sison
The Philippine Star 01/03/2007
Shocking indeed was the manner in which Smith was sprung out of the Makati City Jail. It has all the ingredients of a thrilling plot about the daring rescue of a prisoner by a special force organized for the purpose. Carrying it out in the middle of the night already indicates that it was a highly irregular and extraordinary operation where conventional rules and procedures are usually discarded. But this one is more shocking and unexpected because the “rescuers” received aid and support from elements within the very institution having custody of the prisoner and tasked with enforcing and safeguarding those procedures and rules. In short, it was a plot where the jailer and the detainee were part of the conspiracy to ensure the success of the entire operation to spring him out of detention, and its utter secrecy until it was all over. It seems so weird and outlandish except that in this country such strange and bizarre events are already considered ordinary.
Indeed this latest episode in the Subic rape case even borders on the comical and ludicrous. But it is no laughing matter because of its adverse effects on our Judiciary and our Constitution. The very sovereignty or jurisdiction of this Nation has been compromised, undermined and debased.
“The very sovereignty or jurisdiction of this Nation has been compromised, undermined and debased.”
Absolutely, Mr Sison!
I just wonder if these officials understand the words “compromised, undermined and debased.” Otherwise, they would not be privy to this despicable act against their own country, laws and Constitution.
Point now, Anna, is what will the judges of the Philippine Court that condemned the horny US soldier do about what is definitely a complicity, which is in fact a criminal act. I hope they still have an ounce of dignity and honor left in their system!
As for US protection of their own nationals, in a way, I can understand it. With evidences tampered and without proper investigation by the lazy Philippine police, US impossible demands are in a way justified but not the night transfer of the convicted felon now ready to be flown out of the Philippines before justice can be really served. Tonguena rin, ano?
Gotta ready a petition to Japanese authorities for the return of a proven menace to Japan even if confined to the military base in Okinawa. Meanwhile, I hope and pray that Atty. Ursua will get a warrant of arrest for a possible fugitive from the law!
There’s no rule of law under Arroyo regime. The separation of powers between the executive, legislature and judiciary is being prostituted and abused by Arroyo arrogant-tyrant rule. It appears that Ambassador Kristie Kenney acted like the Governor-General of the Philippines. Probably she exercised active executive authority over the archipelago nation. There’s no doubt that the Philippines is still a colony of the United States. The United States officially granted Philippine independence in July 4, 1946. Philippine bogus President Gloria Arroyo’s government is subordinate to the Bush administration. U.S puppet President Gloria Arroyo is protecting the interests of the United States rather than national and Filipino interests. Uncle Sam cannot protect Gloria’s ass forever.
Ano pa ba ang hinihintay ng opposition? Bababuyin ulit ang election, pinagkaisahan na tayo ni bansot at ni bush, rebolusyon na!!!!
It is precisely the bully tactics of the U.S. that add to the disenchantment of Americans worldwide. The last thing that the U.S. needs is more enemies. There has been an increase in anti-U.S. sentiments in the Philippines. It is no wonder that this latest transfer of L/Crpl. Smith to the U.S. Embassy would add more members to this anti-U.S. group.
The crux of the matter has now has shifted to Gloria & the Filipino people. It is appalling that Gloria would do ANYTHING just to survive politically ! It is even terrible how a people could stomach a Gloria ! Each day that Gloria remains squatting in Malacañan reflects on the people. Has the Philippines & her people stooped so low as to compromise itself & settle for a mere Gloria ?
There is absolutely no excuse for what is wrong. If we as a nation would want to be respected, we must respect ourselves first. Gloria DOES NOT CONOTE TRUST, PRIDE, & HONOR. It is no wonder that we, as a nation, are being disrespected by others.
What matters now is it’s the rule of law that has been WANTONLY DISREGARDED in many instances by the pretender to the throne. What matters now is concerned Filipinos will not forever take things sitting down.
What matters most is Filipinos will now be unmindful of being maimed or killed in order to get back at these lawbreakers.
==
It would be interesting to know what Gloria would do if If the anger on the transfer of L/Crpl. Smith grows to big proportions. This may put Gloria in a Catch 22. What would she do?
“Ursua also asked to court to issue a warrant of arrest for Smith, who, she said, is now a fugitive.”
That’s where we all at today. Smith has become a figutive. Now, if only we had marshalls to reenforce Philippine court decisions, t’would be great fun to see how the whole thing will unravel!
Chabeli,
If things go out of propotions, I believe Gloria will do everything to cling to the tail of Uncle Sam… the only option she has in case things come to a head; now that she has sold honor and soul to Ambassador Keney, she can not back out anymore. Otherwise, Kenney will be capable of training US guns at her.
Anna, welcome back! I guess that makes Atty. Jose Sison part of the “noisy left”. Maybe someone with sufficient anti-communistic zeal can unearth some kinship between the Star columnist and his namesake in Utrecht.;-)
cvj,
Hahahah! I forgot that! Heheh!
Indeed…
I wonder if this Jose Sison is related to Malaya’s Jesus Sison. Bully? Madalas at marami po iyan kahit dito. What’s needed is “respect”. Respect means respecting another’s opinion even if this runs counter with yours. Ang hirap kasi sa iba, tira ng tira na lang. Putok ng putok kahit na tapos na Ang Bagong Taon. This forum was decent and interesting until lately. Pero kahit na ba…I prefer to keep the bad apple if only as a souvenier. Nakakatuwa din kahit nakakainis.
I don’t know what this yakker is talking about… but his rants are exatcly the same as those of a previous commenter who was banned recently…
I don’t know why he’s hell-bent on distracting people here. One, two, three comments on one particular entry is alright but on and on and on, jeez, this is getting tiresome!
cvj,
I wonder if they are related, unless of course they come from the same region, there just might be a chance that they are… teeheee!
Salamat sa sagot mo, Ms. de brux (kahit na kay cvj naka-address). Siguro related ang dalawa. But I’ve noticed that this one who writes at Malaya is quite friendly to Arroyo and Malacanang. Maybe Ms. Tordesillas could tell us if the two are related.
Philippine bogus President Gloria Arroyo has finally accepted that she gave the green light to by-pass Philippine courts in the transfer of rape convict Daniel Smith to the United States Embassy to save bilateral ties with the United States. After the cover-up fiasco, Executive Secretary General Eduardo Ermita, Propaganda chief Ignacio Bunye, DILG chief Ronnie Puno, DFA chief Alberto Romulo and Acting Justice Secretary Raul Gonzalez should make a public apology for their arrogant lies, squid tactics and cover-ups. Anak ng jueteng ano ang kinalaman ang trapik sa illegal transfer ni Daniel Smith.
The usual next question, Mr. Guerrero, is what’s next? So, what do we do? What would happen? Arroyo has done so many impossible and illegal things but managed to get away. Ano na ang kasunod bayan?
Diego,
“Anak ng jueteng ano ang kinalaman ang trapik sa illegal transfer ni Daniel Smith.”
Talagang mga bobo! Imagine, gagawa rin lang ng alibi, bobo pa!
When I read that liner by Puno, I almost went into a fit of laughter, short of being able to hit him with a palo-palo to blast his brains to the four corners of Camp Crame!
Puro kagungugnan! They really think Pinoys are dumb jerks like them, don’t they?
Kaya sa mga gustong umiwas sa traffic, sa gabi na lang bumiyahe. Court hearings should be held at midnight so that the suspects or prisoners could be brought to the courts earlier without traffic.
Kaya punong-puno ang kapalpakan ni Gloria. Peke kasi, e! Zero credibility pa.
Ano na ang kasunod bayan? REBOLUSYON!
iyang pangulong mataas lang ng kaunti sa gasul ay sobra-sobra na tayong pinaiikot, sabi ng iba dito sa blog parang sack of rice pero sa tingin ko mas malapit sa gasul ang hitsura ng katawan nya na namalapit ng sumabog, pasingaw-singaw lang ang baho o namas malala pa ang amoy. sa tingin niya mga tanga naman ang mga tao, at ganon nga nagpapakatanga ang sambayanan, hanggang kailan kaya matatapos itong mundong baligtad natin, hindi kaya dahil ang mga pamilya ng mga ofw ay kampante sa padala ng mga kamaganak nila na naghihirap sa abroad, na hindi nagkukulang sa padala kaya wala na silang paki-alam…
To a question of the relationship between Atty. Jose Sison of Philippine Star and Jesus Sison of Malaya, I’m not sure if they are blood related but let me provide you some interesting items about them. Baka tulog pa si Ate Ellen, she can correct me if I’m wrong.
1. Before Atty. Jose Sison became a columnist at Philippine Star, he was into TV production entitled Ipaglalaban Kita which was highly rated. It’s about stories with legal implications and the solutions. There’s a song of same title sung by Freddie Aguilar which was also made into a movie.
2. Jesus Sison was one time Press Secretary of FVR. Then, he became Chairman of MTRCB. You will notice that in most of his columns at Malaya, he’s always touching on FVR’s activities.
Valentin,
Kung iyang pangulong sinasabi ay mataas lang nang kaunti sa gasul, look at this I gathered:
“Scientists are saying that if global warming doesn’t stop the oceans could rise as much as four and a half feet. One thing all scientists can agree on is that Gary Coleman is going to drown.” –Conan O’Brien
Sa palagay mo, sisinghap-singhap na ang gasul, di ba? Eh kung umalon pa?
==
Gloria couldn’t play the role of “The Lion King!” First, the Lion King was legally chosen by the animals, no Garci to help him rigged the election and NO WIFE, as big as an elephant and intellect smaller than a monkey! Shall we say, the Lion King ruled his jungle with Truth, Honesty and Love! How about in Gloria’s jungle? No TRuth but lies, lies, lies, which later on affected her hinayupang Gabinete lead by the “ass-dogs” and supported by her balasusbas “attack dogs! The result: A capital RRRRRRRRRRRRRR….isn’t far behind…to be lead by all the aping-aping members of so-called enchanted kingdom!
National interest as an excuse was total bull sh*t. It’s about an inferior Philippines surrendering the sovereign rights of the free nation to the more superior nation, USA. It was about bogus Gloria receiving an old used helicopters and USA govt paying for the Military exercises in Mindanao, and bogus Gloria’s poor army receiving left over hand-out from the USA.
Dissapointly, Philippines justice in the raping case of Nicole has not been served, yet it was raped by shameless bogus Gloria, obviously. Since, the guilty GI Joe Smith no longer in the custody of the Philippines government a sovereign state, supposedly. Of course, we can thank illegitimate Gloria, bogus Gloria for raping the constitution once again. Needless to say, Philippines Govt vs GI Joe Smith was a total waste of time and money, it was all for public show. This is one of the many good reasons why bogus Gloria should be kicked out of Malacanang, hopefully this year.
Ever since bogus Gloria stole Malacanang twice, the Philippines has lost its self-repect and integrity as a nation. It has been sold by the Arroyos, so they can remain in power. We can almost sure of it, that it’s not going to end with GI Joe Smith while bogus Gloria is calling all the shot.
If I may add, bogus Gloria surely know how to rape, not get caught, then get away with it smiling. Imagine, how many time the Pilipinos has been raped by bogus Gloria?
It’s understandably, United States of America protecting its own people, but for the Philippines govt to relinquish possesion of GI Joe Smith as a result of demand or bribe is chicken-hearted, an act of cowardly of a civilized sovereign nation. It’s really hard to understand, an incompetent corrupt illegitimate Gloria Macapagal Arroyo lasted this long. How much more the Pilipinos will put up with this illegal crook? How many more times we are going to allow bogus Gloria to rape us, Pilipinos? I heard of an abused spouse, but this is getting ridiculous. There must be some limitation?
Sus, Ermita et al claimed earlier that bruhang Glueria had nothing to do with Smith’s transfer to the US Embassy. And just today, this bogus president said she ordered it. Nanggagago ang mga tangnang ito! As I said, I’m all for hanging Glueria, double- hung pa!
I could not detach myself from this issue. Minsan, bilib ako sa mga lawyers who are objective and calmer in analysing this case (unless they serve Glueria’s interest), or those who said that ‘it’s all right, we need to turn over Smith to the care of the US in order not disrupt US-Phil relations’.
Ordinary pinays like me become emotional, why? Because we feel the pain and suffering of the victim who’s trumpled upon by the most powerful persons. Kayang-kayang paglaruan ang kalaban! Sa mga anak kaya nila mangyari ang nangyari kay Nicole, ano ang gagawin nila?
Dioskopo, sabi nila independent daw ang Pilipinas. Bakit pa natin ipinagdiriwang ang Araw ng Kalayaan? Tinatakot, nililiit tayo ng US dahil si Glueria ay peke, dahil si Glueria ay duwag, SOB!
Let’s not take away our focus on Glueria’s ouster, I want to see her nakabitin pabaligtad!
Nothing surprises us anymore. That’s how predictable this bogus government acts, when it comes to trampling of laws and humiliating itself to please and follow the wishes, or if I may say the dictate of a foreign master whom they considered as their God. What will be considered as a mother of all surprises instead is if they made a stand to fight for and defend the sovereignty and dignity of the country. At the mere threat issued by their God, they blinked; everybody got panic and engineered a great escape for the convicted rapist. And it turned out, a criminal who committed a heinous crime and found guilty was traded and set free by the powers that be at the expense of violating the fundamental laws of the land. Anyway, thereafter everything is back to normal; both parties got what they wanted. This evil government has done its duty to please the master and maybe now in the good graces of their God. The loser is a country called the Philippines and its people. O Pilipinas kong mahal, kawawa ka naman, Kilalang-kilala ka na bilang supplier or dealer ng mga super-atsays and caregiver sa buong mundo, makikilala ka pa ring isang bansang nang-iimbita at nagaalok ang sarili sa dayuhan para gahasain ka. Papaano ka kaya maka-kabangon, makakaahon at makakawala sa kuko ng mga demonyong bumababoy saiyo? Rebolusyon? Count me in!
“…national interests had been served…” daw, sino kaya ang makapal ang mukhang nagsabi nito? Si bunye, ermita, siRAULo, o mismong ang aleng pandak na may napakaitim na gilagid? Pansarili nilang interes iyon ang kanilang napagbigyan. Nakakapagod nang isipin ang lahat ng pangba-baboy nitong pangkat ni gloria sa ating Bansa, Konstitusyon, at Taumbayan, subalit hanggang kailan ang marami sa ating kababayan ang magkikibit balikat na lamang? 🙁
Totoo yan, florry. Under Glueria’s pekeng presidency, a moment seems like an eternity!
Mandirigma, I don’t think Jess Sison and Atty. Joe Sison are related. But I’m not sure.
Okey Folks:
Who has emailed their disgust of the assistance given by the US Manila Embassy in allowing the Philippine Government to deliver a convict sentenced by a Philippine Court of Law without the prior authority of the Court (Judge Pozon) and admitted and assisted the convict onto US territory to a filipino newspaper in the USA. Any hands showing!
We as bloggers should pepper these newspapers in the USA with our emails of disgust, don’t you think.
Its takes a few minutes and cost you nothing
Anna,
Palagay ko hindi alam ng tinawag mong “yakker” na you are referring to him or patay-mali lang siya, I mean nagkukunwari lang. As you said, he really sounds very very familiar.
Mandirigma,
Maybe you don’t know what you are talking about. If somebody makes a comment on your post, that does not mean na binabastos ka. Nasa bloggoshere ka iho. Commenting on one another is just a way of exchanging ideas, makes this blog active and interesting. Anong gusto mo, matulog na lang tayo at kaniya-kaniyang basa na lang ng mga sariling postings? Magising ka tulad ng karamihan sa mga Pilipino na gising na gising na sa pambabastos at pangaabuso ng US sa Pilipinas. That’s no longer a matter of fact. It’s a fact!
Spartan:
I doubt if the Americans would say outright that horny Smith is national interest. They’re just simply concerned about a US soldier about to serve a life sentence in a pig pen not eve fit for pigs and animals as the national prison in Muntinlupa, and it is an international convention that governments of criminals accused in foreign countries to make sure that they are treated fairly and justly.
What national interest is the Great Switik talking about when the victim in this case is a Filipino woman whose interests are not properly served by the very government that is supposed to protect her. Funny why I don’t hear any outcry from any of the bar associations in the Philippines about this. Sa Japan iyan, you can bet your bottom dollar, members of the Japan Federation of bar associations would not waste a day to protest this utter disregard for our laws and even our US-tailored Constitution even just to assert Japan’s sovereignty. Tiyak na pati mga members ng Diet magmamartsa din toward the US Embassy in Japan.
Patriotism/nationalism is not a privilege limited only to Americans, you know!
Talaga bang walang pagmamahal ang mga animal na ito sa bansa nila? Kakahiya na kakakulo pa ng dugo! Tongue na tignan mo lang gawin ang pambabastos na ganito sa America ng isang pinoy. Hindi lang bugbog ang isang katulad ni Smith, wasak pa ang embahada ng Pilipinas kapag nagkataon.
GREAT SWITIK NA, BUGAW NA ASTA PUTA PA! PATALSIKIN NA, NOW NA!
Don’t post your mails to the Philippine newspapers in the US. Post them to the newspapers in Washington DC, New York, LA, etc. na binabasa ng mga kano para alam nilang hindi lang sila ang patriotic!
I’m writing to some US Senators I know plus our Congressman in Hayward, CA, plus members of our Diet now working on the withholding of ODA to the Philippines under a bogus regime.
It’s the least I can do to help.
PATALSIKIN NA, NOW NA!
Singit ko lang…Si MTRCB Chair Jess Sison, dinis-approve yung title ng pelikula ni Rossana Roces na “Patikim” dahil very suggestive daw. Pinalitan ng “Patikim ng Pinya” which to me was naughtier but got approved. He only found out later that Pinya in this case had a double meaning as in “Patikim ng P* niya”, referring to the vulgar term for the female sex organ, to the dismay of this probinsiyano, Sison.
From then on, producers had a field day trying to outdo this stunt. We saw layouts in movie ads like that of “PURI” where the letter R’s top arc was left open to resemble the letter K, and so on. Talk about Pilipino creativity.
Chi,
Tulad mo hindi ko mapigilan ang maging emotional, dahil sa mga pang-bababoy ng mga demonyong naka-upo sa ninakaw na trono sa Pilipinas, kaya minsan hindi ko mapigilan na magbitaw na mga salitang ayaw ko sanang sabihin.
Since when was letting a foreign criminal, a rapist at that, be whisked out of his jail cell at such an unholy hour, escorted like a VIP and back to his old comforts in a foreign territory, considered as serving the victim’s country’s interest?
Whoa, did that make my head spin 360 degrees!
-Tongue in, anew!
Just as Smith was cheered, “Go, Smith go!”, did I hear someone here just say, “Go, Gloria, go!”?
Rapists they both are. The latter one, wretchedly obdurate! Only death can stop this inglorius reptile.
TongueT:
Thanks for the laugh—“Patikim ng P*niya!” Susmayosep!
Florry:
I stopped saying “P—–inamo!” since I left the Philippines. I never trained myself to say bad words in English nor Japanese, too. When I was in UK in fact, I witnessed my foster Mom slapped her adopted son when he said “Bloody!” and I knew I should not say it, too.
Ngayon na lang ako nagmumura ulit ng Tongue namo, and only in reference to the bugaw na, asta puta pa! Sabi ko hindi na ako magmumura, no more profanity sana, but I cannot help it. Kumukulo ang dugo ko. Kahit nga puta hindi puedeng gahasain dito sa Japan, sa Pilipinas pa! Life sentence na nga lang ngayon. Dati nga bitay.
Over in Japan, the longest I have heard given to a rapist (pinoy pa) is 35 years. Ang dami naman kasing ni-rape ng malibog na pinoy, at mga dalaginding na virgin pa ang niyari ng ungas!
Pag ibinalik si Smith sa Japan, protestang katakot-takot ang gagawin namin ng mga kaibigan kong hapon. You bet!
“national interest had been served”. Wrong. It should be “Glueria’s interest had been satisfied”.
The outrage is mounting! The outrage is mounting!
You bet it is! About time Filipinos realize they are no longer under American rule! Forget about the half-baked Americans, who are trying to put their frustrations about being treated as second-class citizens on their fellow Filipinos in the Philippines.
Singing the same American tune does make brown Filipinos in the USA better than their fellow Filipinos in the Philippines but brainwashed likewise to hate anything Filipino and love anything American! (If that is not stupidity, what is?)
Frankly, I’m glad for my Japanese and British experiences. I’ve gained confidence in myself—that I’m no second-class citizen to the descendant of some white immigrants to the USA from Europe. It’s what I told my Eurasian Mom, who is US citizen! Now, she is more assertive.
PATALSIKIN NA, NOW NA! ALIS DIYAN!
Chi,
Satisfied, you say? Bakit nag-stop over ba si Smith sa Malacanang on his way to the US Embassy? 😛 Get mo?
Sabi nga niya, “3 times a day, seven times a week, 30/31 days a month, and 12 months a year”! Pero alam ko ang mga may sakit sa puso binabawalan ng mga ganoon activities! Kaya papaano na si Lonely Bansot? Bangit ang Pinya! 😛
Every lynch mob acts out of an inferiority complex driven by ideological hatred. In my opinion that is why some would like to portray this as another instance of victimhood for the Filipinos. But there IS no groundswell of outrage over this because Filipinos aren’t taking the bait. They do not see any insult to them in the Philippines keeping its end of a bilateral agreement that has already been deemed constitutional by the Supreme Court. What they see is the swiftest rape trial in Philippine history. I think it is clear that detention is an executive function, but if some would like to make a federal case out of it::go to the Supreme Court and argue it there. Let Ursua sue the officials she insanely claims have engineered “an escape”. Susmariosep naman!
But let us agree to accept any decision the Courts make. Moral consistency ok?
i doff my cap to the commenter above, ystakei, for the colorful language and for hitting the targets with uncanny precision.
i love this blog by ellen.
Yuko, heheh!
“The outrage is mounting”. Good. That’s what makes Ellen’s blog very colorful and worth monitoring :).
Iba kung sumulat ang mga tunay na journalists. The problem is with those who want to be like these journalists. Ako hindi baleng mali-mali as long as my message is conveyed. Colorful language? Yes. Foul language? No. Kung may kasabihan na makikilala ang isang tao sa kanyang klaseng salita, makikilala din ang isang tao sa kanyang pagsulat. I’m more tolerant with those who speak than write. Those who write and send their message have all the time to think first. They can even review before clicking “send”. Pero masama pa din ang mga salita na may halong pagmumura.
Kung say e-mail, we click “send”. Dito naman ay “submit comment”. Either way, we can review our message and the kind of words we write before finally sending it. Once it has been sent, the damage has been done. It becomes part of the record. Ang mga nakukulong hindi dahil sa mga sinabi. Anyone can always deny what he has said. Pero sa sulat, that becomes documentary evidence that could convict him. Kaya mga kapatid, mas dapat maingat tayo sa pagsulat. Puwede naman ipamahagi ang ating kuro-kuro na walang halong pang-iinsulto at pagmumura. I think Ms. Tordesillas would agree with me on this.
From Enrico Tuvera:
Everything about Smith’s assisted escape stinks, but can we really expect anything decent from a “dugong aso” usurper and pretender to the presidency?
The name Tuvera sounds familiar to me. Galing sa mabuting angkan ang mga Tuvera. Many describe this Arroyo as “dugong aso”. At first, I didn’t want to call her that. Hindi ko ugali ang “name calling”. Pero sasama na ako sa kanila. Arroyo indeed has “dugong aso”. Hopefully, she doesn’t commit the mistake of serving “dinuguang aso” to the members of the religious group which supports her.
Thanks, Freewheel. I am just following the example of some witty bloggers here. I can have some humour, too, depending on who I am talking/replying to. Panay nga ang dasal ko before I go to sleep for the profanities I have used in this blog.
Vulgarity in fact is a big no-no in my religion, but I think it is alright to use them in reference to the worst bastos calling herself president even when she is bogus.
Gosh, Great Switik na, Bugaw pa na asta Puta! Reminds me of a prostitute from Colombia I interpreted in the police in Japan. “Soy no puta. Soy prostituta,” sabi niya. Ano ang pinagkaiba, aber?
Now, alam na ng lahat na sinungaling si Ermita. Sa Japan iyan, after one lie, bumaba na, tapos katakot-takot na imbestigasyon na. Tapos mababalitaan mo na lang nagbigti na o kaya tumalon na mula sa isang mataas na building.
Unfortunately, hindi hapon si Ermita. Magsisinungaling pa iyan para hindi matanggal. Sayang din iyong kinikita noong manugang niya! Sarap sigurong matawag na Chief o Secretary!
O nasaan na iyong sinasabi ni Dean na “outrage is mounting”? I hope he means it at hindi niya iniinsulto ang kapwa niya brown Filipinos!
Met another Bocobo in SFO. Si Dolly na matanda na pero acting young pa rin. Alam ko matanda pa siya sa ate ko! I wonder kung buhay pa siya!
Yuko,
Mauubusan ng dugo ang ibang nakakabasa sa ‘yo, hahahah! Ang lutong mong magsulat!
The Court of Appeals has ruled. It has upheld Judge Pozon’s order for TEMPORARY detention of Smith at Makati City Jail UNTIL both govts agree on the place he will be held pending appeal. Significantly, it finds no violation of law in holding Smith at the US Embassy since that complies with the VFA after the Romulo-Kenney Agreement.
Ursua’s escape theory has not a legal leg to stand on. Nor a moral one. So pop a vein or move on folks. You are only weakening the legitimate movement to oppose GMA and her illegitimate rule by insisting on such fairy tales about our nations and our governments’ commitment to justice and the Rule of Law.
We must uphold the Office of the President, our bilateral agreements and our Constitution, even if we oppose the person who only happens to be a tenant of Malacanang. We must not throw the baby out with the bath water. It is intellectually dishonest to portray Filipinos as victims and running dogs and America as an unjust shielder of rapists.
We must keep our eyes on the prize and build the barricades on high moral ground. Or we shall surely lose and be reduced to this–ranting and raving on blogs that people do not believe or support.
But if all we want from blogging is emotional relief from orgiastic anger and hatred, be my guest…
Florry:
Additional info. Dito sa Japan, ang penalty sa double crime gaya ng murder with rape and vice-versa ay bitay. Execution is by hanging. Tumatagal lang kapag nag-a-appeal hanggang Supreme Court where the judges are not appointees but judges from the ranks, and approved by the people in a plebiscite. Isang scratch lang ng pangalan nila, tanggal agad sa list. Sa Pilipinas, puro political appointee. Papaano gaganahan iyong mga walang padrino na magtrabaho ng mahusay?
Kawawang bansa! Mga pilipino ginagago ng mga binoboto nila! PATALSIKIN NA, NOW NA! ALIS DIYAN!
parang isang scene sa pelikula ito ah.. parang mission impossible… parang rescue operation. kaya lang magiging boring dahil wala namang kalaban eh. ang nagpatakas eh mismong gobyerno, hak hak hak..
sana kung gustong mag-produce ng pelikula ang engkantasya ni glue-ria, gawin namang exciting yun bang medyo may barilan ang rescue operation scenario para nakakaaliw. nakakatawa tuloy eh.. boring. boring kaya nabitin na naman ang nanonood na mga pilipino.
ano ba naman yan… GO! GO GLORIA! GO!
WELCOME BASTUSAN BLUES 2007!
Oy, welcome back, tong-ress. Oo nga e, atras bigla si Glueria, may appeal pa sa madlang pipol. Mas maganda ang senaryo mo.
Thanks, Chi, for the compliment. Frankly, I am just being true to what I believe in, no two timing.
I am actually in accord with Ellen when she says she does not recognize the Great Switik as president. A bogus president is bogus. She should be arrested and sent to jail. No need to patronize her nor saddle the Filipinos with a creep like her.
Nawiwili lang iyan. Double standard ang tawag diyan. It should be stopped. It does not do the Filipinos any good as a matter of fact. Kaya tignan mo, kahit pa sabihin nilang matalino sila at pinamahusay (daw) mag-ingles, kulilat pa rin! Natalo pa ng mga Vietnamese!
RE: The Court of Appeals has ruled. It has upheld Judge Pozon’s order for TEMPORARY detention of Smith at Makati City Jail UNTIL both govts agree on the place he will be held pending appeal.
Only in the Philippines-BALASUBAS REPUBLIC.
Why the official transfer of Daniel Smith to U.S. Embassy came first before any court ruling? It should be court ruling first before actual transfer. Where’s the rule of law?
Outrage is really mounting in this case.
The Saddam loop is way down at the back so I thought I’d post this here.
Watch the presentation on Saddam title “Thanks for the Memory”
at http://www.ericblumrich.com/thanks.html
he! he! he!
mabuhay ang administrasyong arroyo! isang marangal at mapagkakatiwalaang gobyerno! mahusay sa pangangalaga at pagsasanggalang sa kanyang mamamayan! isang pamunuang walang bahid dungis at busilak ang adhikain at layunin para sa ikabubuti ng bansa! bravo! mga letsugas kayo!
siyanga pala, magandang araw sa inyong lahat at manigong bagong taon! panibagong yugto ng pakikibaka!
Oy Mrivera,
Ang tagal mong mag-appear! Miss na miss na kita :).
Welcome back! Ikaw naman at off to bed muna ako. It’s already 12.36 a.m. here at baka masalubong ko ang bruhang Glueria sa kadiliman ng gabi.
Diego,
Fair question. Why the transfer before a Court Ruling? Perhaps it is because there was never the need for a Court Ruling, legally speaking. This was explained partly yesterday I believe by Adel Tamano talking to Pia Hontiveros. Even in ordinary criminal cases involving Pinoy on Pinay rapes, the Judge never rules upon conviction “that the convict shall be conveyed to the Bilibid National Prison”. The Judiciary has no actual say about the details of detention, because that is an executive function. In these cases, we also find an infuriating disparity and inequality among inmates, even in Bilibid, where the rich inmates like Jalosjos have airconditioned cells and special treatment from the jail guards. (This does not happen in American or Japanese jails, in general). At bottom of some of the more illogical demands I have heard in various places, however is the desire that Daniel Smith suffer the worst of our own penal system, as a matter of “equality” or as a sign of our sovereignty. To me that is cheap thrills. And could be detrimental to the Filipinos themselves. Suppose some got their wish and Daniel Smith was raped by a bunch of Sigue-Sigue OXO gang members in Bilibid as a bunch of child prisoners watched and that got into the New York Times or Mainichi Shimbun?
I think Smith is guilty of rape, though Fr. Reuters thinks otherwise. Since we have no jury system, the whole process will be questioned by the Lynch Mob all the way through now, I predict.
I think the SC will affirm the conviction eventually. But we better get that “place of detention” cleaned up before we put him, and the EYES of the world in it.
ok chi, have a sound and nice sleep! magtabi ka ng abo ng kalan, asin at bawang pangontra sa gloriang aswang! he he he!
GodSaveDConstitution, i suppose by your logic, it would have been fine if Gloria and the US agreed to put up Smith in Manila Hotel pending appeal. When you mentioned above that “…we also find an infuriating disparity and inequality among inmates…“, i think you have located one of the sources of outrage in this matter. The fact that such an act was carried out by an illegitimate President (who is supposed to act on our behalf) further compounds matters. With their outrage, I think the commenters here are displaying moral consistency.
Inquirer breaking news says, “CA dismisses Smith petition for transfer to US Embassy.” Now, we’ll see what the court will do to get back Smith.
Better write to the Foreign Minister of Japan to stop the return of Smith to Okinawa now just in case the US is planning to smuggle him out of the embassy by the Manila Bay.
Some people have to be held legally responsible for this violation of Philippine law, which has more bearing on the criminal act committed by the horny soldier than the protection supposed to be provided to law-abiding visiting military personnel versus those who blatantly ignore the rule of law.
Don’t believe the idiots in the Philippines who do not even understand their own laws. Alam ng mga kano iyan. Alam nilang even the VFA is no guarantee for lawbreakers to be free, and the VFA is no license for US soldiers to stick their dingdong into any hole! Bakit hindi alam ni Great Switik, Gunggonzales, et al iyan? Bakit nila pinalulusot ang mga malibog na kano?
I doubt if the Filipinos can enjoy the same “hospitality” accorded horny Smith by the Great Switik and the idiots pampering her!
This should read: I doubt if the Filipinos can enjoy the same “hospitality” accorded horny Smith by the Great Switik and the idiots pampering her IN THE USA!
One sided deal is no treaty as a matter of fact. Bakit pumayag si Siason diyan?
The Subic rape case is a political issue. It’s no longer a legal issue. The Philippine sovereignty is at stake. The problem is the negative credibility of great usurper Gloria Arroyo. Majority of Filipinos do not trust her. The president’s men arrogant lies and gung-ho manner in the transfer of convicted rapist Daniel Smith to the US Embassy is total disregard of separation of powers. Only in the Philippines-Gloria’s BALASUBAS REPUBLIC.
CVJ,
The commenter “YStakei” is given to the use of the words “horny Smith”. Is this morally consistent with the pious claim that rape is not about sex, it is about power? What, I wonder does “YStakei” have against being horny. Remember that if it was pure horniness on Smith’s part, it would not really be rape would it? He had to FORCE himself on her for that. But I think to be insulting him in this manner, even in a comment thread, is really, uhmm, pissing into our our own soup, revealing a certain inconsistency in principle and personal demeanor. For if indeed this has national or international importance, what we say matters. Google-Yahoo remembers everything we say here.
GodSaveDConstitution, i see what you mean. I thought you were referring to the moral consistency of opposing the transfer of Smith juxtaposed with Gloria’s illegitimacy. That was what i was responding to. As for the use of the word horny as adjective, i’m not aware of ystakei’s prior claims about the nature of rape, but i think it’s an accurate description of Smith’s disposition as horniness is a necessary (but, as you say, not sufficient) precondition for the assault to take place. Since guilt has already been established, i fail to see where the inconsistency in principle comes in as this is just a case of calling a spade a spade. As for personal demeanor, isn’t that a matter of personal style and taste? Over at mlq3’s, we’ve had pro-Arroyo and anti-Opposition commenters who privilege civility over expressiveness. I did not agree with their priorities over there so i have to be consistent over here as well.
You bet, CVJ, I have more sense of morality and moral consistency than some half-baked Americans. Never had any affair or sexual relationship with anybody who is not my lawful husband! 😛 It’against my religion, and definitely against the Ten Commandments of God!
Rape is defined in our church as fornication in case the half-baked American does not know it. It is another form of adultery as a matter of fact. It is prohibited by laws of the land and of God. One who commits such act must be horny, hence the name horny Smith.
I believe Judge Pozon made a good judgment on this case. It’s just too bad that police investigation in the Philippines is still so backward that they have not even bothered for example to measure the dingdong of Smith that Japanese policemen make sure they do in cases of rapes to see if the depth of lacerations in Nicole’s genitals matches with the length of horny Smith’s organ! It’s simple but practical as a matter of fact to prove the crime committed regardless of whether or not Nicole was partly to blame for giving the horny soldier the idea that he could freely rape her and his conniving friends cheering him up in his lascivious act!
Over in Japan, black is black, and white is white, never gray! No need to be defensive of the horny American.
Now I can understand why Anna has been furious with this half-baked American who pretends to be all-knowing but apparently know so little!!! No wonder Filipinos get so confused reading write-ups by this kind of writers who cannot make up their minds between good and evil, right and wrong, pleasure and pain, virtue and vice.
No time for any nonsense as a matter of fact.
I must add that I have only one husband, never been married to anybody else to be exact. If that is not moral consistently, what is? Still, I don’t see why I cannot call the rapist horny! The rapist has in fact been convicted and found guilty! Horny is as horny does! Sa tagalog, malibog! Buti nga sa kaniya!
i think horny smith is a mild description of a rapist. i suppose it is just human to be horny but to let horniness govern one’s action so as not to care about the other person’s state of mind makes the difference between just being horny and being a rapist.
CVJ,
In regards to Smith’s guilt, I do believe the Philippine Constitution and the Rules of Court hold that he has not yet lost the presumption of innocence, even if he has been convicted by Makati RTC. The Judiciary is a single Court in some respects, so that until the guilty verdict is upheld by the Supreme Court, it is entirely possible that he will be judged not guilty. Yet here, people talk with certainty of his guilt, as if they were in possession of the evidence and experience of Judge Pozon himself, who may yet be reversed. It is a thing he himself admits in the decision that he is basing his decision on circumstantial evidence, and that the crime of rape for which he is finding Smith guilty is based on Nicole’s incapacity at the time, not the ORIGINAL charge of forced gang rape. He has not lost the presumption of innocence, yet the Lynch Mob is baying for his blood and even claiming it represents a rape of the entire Filipino people.
Is this moral consistency in the sense that it can be defended as “decent” and “dignified” in any country or jurisdiction?
Is it behavior we would hold up for emulation if the shoe were on the other foot and the accused was say a Filipina nurse in Libya accused of infecting children with AIDS. BTw that just happened to six nurses in Libya who were put to death this past week, by what barbaric means, I know not.
But yes, CVJ, there is moral inconsistency even on the matter you mention which is the adherence to the Rule of Law, which includes treaties and bilateral agreements, signed and duly decreed constitutional by the Supreme Court.
Moral inconsistency is glaring here.
GodSaveDConstitution, i did a quick google using the search words ‘presumption of innocence’ and ‘appeal’ and this is what came up.
“‘After he was convicted by the court, Smith was no longer considered an accused entitled to the presumption of innocence. Therefore, he should be jailed in Philippine prison even if his case is on appeal,’ said dean Amado Valdez of the University of the East College of Law.”
[Source: War games’ scrapping also a problem for US by Joyce Pangco Pañares Manila Standard December 27, 2006]
On the other hand, there is a wikipedia entry which says otherwise so the jury may still be out when it comes to this principle.
The way the Arroyo government acted was only *not* in the interest of the Filipino people, it was *not* in the interest of a Filipino person, particularly Nicole. As mentioned in the other comments, i don’t think any other self-respecting sovereign government would have acted in a similar manner. You also cannot separate the issue from the VFA because of the weight of history and the unequal power relations that have existed ever since our two nations crossed paths.
cvj, habang si gagonggonzalez ang sipsip justice, walang matinong argumento sa pagpapatupad ng ating batas. tingnan mo naman, magkakatulad silang lahat ng katwiran! mula sa walang pakialam na bogus na pangulong baliw hanggang sa kanyang mga parasite na gabineteng walang alam gawin kundi sumunod sa utos kahit alam na lihis sa itinatadhana ng ating saligang batas, walang maaaring asahang pagsasaalang-alang sa kapakanan ng taong bayan! dapat sa kanilang lahat ay sa basurahan!
rule of the jungle. ibig sabihin, labanan ng mga walang katinuan sa utak!
Dean,
I am astounded by your harbinging that “Moral inconsistency is glaring here. ”
Where is moral inconsistency in the posts here? Commenters here have denounced and are denouncing the blatant disregard by the powers that be for the decision of Philippine justice penned no less by a real living Philippine judge, Judge Pozon of Makati that Mr Smith of the U.S. Marines and convicted rapist under Philippine Law should be jailed in a Makati jail pending Court of Appeals definitive decision?
Is it moral inconsistency to allow Philippine justice to run its full course?
You are being inconsistent legally and morally so, to accuse everyone and anyone who don’t toe your ‘defend American Smith’ line of moral inconsistency when you, by your postings here conveyed in no uncertain terms that springing Smith out of Makati jail before the Court of Appeals had made its final decision was the right thing to do.
I am gobsmacked to say the least that you, whom I thought was a strong proponent for the rule of law whom I thought was a strong proponent, judging from your posts, i.e., Gloria-Angie-Davide coup d’état against Erap, should condone Gloria’s and DILG’s act just because the convicted criminal is an American.
Where is your moral consistency in all that?
You are taking the easy road out by tagging people Communists, Leftists, terrorists, etc. just because they believe most earnestly that there has been a breach of Philippine legal procedures committed when Gloria and Ambassador Kenney sprung convicted rapist Smith out of Makati jail in the dead of night!
By sticking that label to anyone and everyone who don’t toe your line, you are showing how morally inconsistent you are.
How disappointing!
Dean, I understand where you are coming from – you are American but as I’ve often said to you, don’t be so blinded by your patriotism for America, wrong is wrong, no matter who does or says it…
“Finally, before Christmas, Foreign Secretary Alberto Romulo and Ambassador Kenney signed the agreement that provided for the detention of Smith at the Rowe building inside the US Embassy compound.
“Rejected twice by Pozon, the executive department didn’t bother to submit the Romulo-Kenney agreement to the Makati judge.The source said that when Smith’s counsel elevated the case to the Court of Appeals, effectively the case had been taken out of Pozon’s jurisdiction.”
Is this morally consistent? Is there moral consistency in all these legal shortcuts?
In other words, matagal na palang niluto ng mga damuho bago ang transfer ni Smith. Naisahan na naman tayo ng mga kampon ni Arroyo.
All these talks about some people not following the rule of law and are morally inconsistent are hogwash, if one singles out particular cases (e.g., small fry) rather than the general ones (e.g., big fish), shows partiality and bias against the underdog, or sings allelujah to a scrap of paper (VFA) touted to bear the law. Something is wrong in the logic, if not in the attitude. It’s like blaming the victim (Nicole) rather than punishing the perpetrator (Smith).
The VFA is an unequal instrument of the rule of law. It was ratified by the Philippine Senate, but did Uncle Sam reciprocate the act? Was it ever approved, or passed, by the US Senate? If someone can point out the affirmative, then I will rest my case.
What rule of law or moral consistency are we talking about here?
They have been brazenly set aside, distorted, ignored by the powers that be. I cannot imagine the sins of Juan dela Cruz, if any, being equal with those of Gloria and her evil minions. However one looks at it, the release of Smith to US custody is a clear acknowledgment that the present leadership kowtows to a superior power in the hope that “national interest” is preserved. The VFA is just a convenient excuse, because something in it provides validity for the way Smith is to be treated. I simply can’t understand the logic of it, that a country would rather give up its rights and sovereignty in a case like this. Instead of insisting on its mandated duty to protect its citizens, it opens the gate so the lion can devour them. Instead of re-examining the unequal and onerous provisions of the VFA, the leadership says they are ok. Instead of respecting the judiciary (which is supposed to be co-equal with the executive), Malacanang openly overrides it and makes a laughing stock out of it. If this is not illegal, immoral, or warped logic, I don’t know what is.
Hawaiianguy,
Well said! Inspiring comment you posted there.
Anna, re your leftism/communism comment. I can understand your displeasure about it being used by others. In a way, it is a shield, or a mask. Notice how this corrupt govt of Filipinos continues to flaunt it as a masquerade for its glaring inadequacy and ineptitude. Lumang tugtugin na ito. Remember the fifties, when Uncle Sam and even many of its supposed scholars bannered so-called McArthyism as a justification for the war in Vietnam? That’s the only way to prevent the “domino-effect” of communism. Today, McArthyism comes to life again, but in a wrong premise.
Why RP officials led by Gloria and some intellectuals continue to sing an old and broken tune despite the “collapse” of communism in Europe is funny or at best an intellectual naivete. The “red scare” is now over, as most discerning readers would say. Yet, why does progressive opposition go on? Because there are still despots in our midst, and that power and authority is abused to the hilts by a privileged few. Well, sometimes history repeats itself, not that events are replicated but that people recount them as if they still exist to deflect attention from a gnawing problem of society. That’s the long and short of Gloria’s illegitimate hold on power. Unfortunately, some who hark on the communist threat live under the illusion that democracy this nation subscribes to is now in real danger.
Hawaiianguy,
I agree entirely.
Your overall disection related to previous posts here concerning the ‘springing of Smith’ defence is very clear and more to the point, it comes at a crucial moment when the Red Scare is being touted as a useful tool to bring people to heel, even in this blog, who object to how Gloria and her government waylay legal procedures in Pinas.
Hawaiianguy,
Thanks. I cannot make a much better argument re the alleged moral inconsistency. You bet, it’s BS!
This case is not even about communism or communist insurgency. It is plain and simple criminal act that used to merit capital punishment in the Philippines. It has nothing to do with terrorism and poverty even when the horny soldier has committed an act of terrorism against a Philippine national.
For that, the horny US soldier got 40 or more years. He can be out before he reaches 60.
Frankly, he is free to marry and raise a family in a Philippine prison, so it cannot be that bad getting imprisoned in the Philippines.
Let me clear some things.
First. The CA has clearly indicated in its decision that the judicial PROCEEDINGS ended with Smith’s conviction. For this reason, and the Americans know it, the one-year limit imposed on judicial proceedings as stipulated in the VFA has been SUFFICIENTLY COMPLIED WITH.
It is the judicial PROCESS that is very much alive via the usual route of appeals – CA and SC, IF and only IF Smith should decide to appeal. To say that the presumption of innocence of Smith has not yet been lost is definitely wrong. To this day, Smith is already a convicted criminal, unless and until such appeals, if any, prove that the original Pozon decision was irregular. The burden of proof now shifts from Smith’s prosecutors to his defense. It’s Pozon’s decision – that Smith is guilty – that is now given the PRESUMPTION OF REGULARITY.
Second. The CA, in its ruling stated that it “recognizes that the custodial facility to be determined and agreed on shall be one that is within the jurisdiction of Philippine authorities or in layman’s language, a facility RUN AND ADMINISTERED BY PHILIPPINE AUTHORITIES.” The 10 x 12 ft. airconditioned “jail cell” inside the embassy compound definitely is not a facility run and administered by Philippine Authorities. (Looking at the pictures of Usec. Marius Corpus inside Smith’s cell, however, tells you that Corpus was lying about the dimensions. My 20 years experience in the construction business tells me that it was more of a 4 by 6 meter-room.) The whole of the foreign embassy on Roxas Blvd. is a foreign territory, and it’s sheer stupidity if I need to explain that. The ruling in this regard upheld Pozon’s decision to detain Smith in Makati City Jail and also renders Smith’s claims that it was done with grave abuse of authority, unfounded. That dismissed Smith’s plea.
Third. The government literally sprung this VIP convict out of jail, and with a host of police escorts, delivered him to a destination out of the legal jurisdiction of the courts. This explains why the CA considers the Smith petition MOOT. Whatever decisions the courts may have can no longer be imposed on Smith without further negotiations. The judicial remedies being sought or yet to be sought by victims Nicole and, remember this, the People of the Philippines have ceased to be implementableand changed to that of negotiable. Who will negotiate for us? The same officials who were in complicity with the criminal, that’s who!
Sure, the “ululating communist” lawyer of Nicole can ask the CA to issue an arrest warrant for Smith since he may be considered a fugitive, but can the government now enforce it? From hereon, all actions of the judiciary related to this case will have to be coursed through the colluding executives who have lost their last marble to the opponent. But, we can always hope for the rapist’s country’s moral consistency, right?
You don’t negotiate in that manner, imbeciles! You won’t get a fair deal when the opponent knows you have an empty hand.
Re: florry Says: January 3rd, 2007 at 9:05 am
Just wanna say, Hi Florry, Happy New Year and yeah, I know. Sorry didn’t read your entry earlier… was being one-track minded then, heh!