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Daniel Smith acquitted

‘Romantic episode,’ not rape, says CA

by Tetch Torres, Dona Pazzibugan

Philippine Daily Inquirer

The Court of Appeals has acquitted an American marine of raping a Filipina, saying the soldier and his accuser shared a “spontaneous, unplanned romantic episode.”

In a 71-page decision, the appellate court said Lance Corporal Daniel Smith and the victim, identified in court only as Nicole, were both intoxicated after a night out and were “carried away by their passions.”

The court also said Nicole flirted with Smith and led him on with “reckless abandon” and that there was “no evidence” that she was forced into sex.

Smith has been ordered “released immediately unless held for other lawful cause,” read the decision penned by Associate Justice Monina Arevalo-Zena of the CA’s special 11th division.

“What we see was the unfolding of a spontaneous, unplanned romantic episode with both parties carried away by their passions and stirred up by the urgency of the moment caused probably by alcoholic drinks they took, only to be rudely interrupted when the van suddenly stopped to pick up some passengers,” the court said.

During the marathon trial in 2006, Nicole claimed that Smith raped her at the back of a van in the evening of November 1, 2005, while three other US servicemen, cheered him on.

Nicole recanted the allegations in an affidavit dated March 8, saying she was too drunk to recall what happened. The court said the recantation was not considered in its decision to acquit Smith.

“Suddenly the moment of parting came and the marines had to rush to the ship. In that situation, reality dawned on Nicole – what her audacity and reckless abandon, flirting with Smith and leading him on, brought upon her,” the court said.

“That must have been shattering, but added to this was the mocking moments she heard from inside the van; ‘leave that bitch!’ or words to that effect-which really broke her as she shouted back in denial: I am not a bitch,” it said.

The court said: “No evidence was introduced to show force, threat and intimidation applied by the accused upon Nicole even as prosecution vainly tried to highlight her supposed intoxication and alleged unconsciousness at the time of the sexual act.”

The appellate court division was comprised of three women associate justices: Remedios Fernando, chairman of the Special Eleventh Division; Myrna Dimaranan-Vidal and Arevalo-Zenarosa who penned the decision.

Smith is detained at the US embassy in Manila. His acquittal, two years after his conviction at the Makati regional trial court, removes an irritant in the implementation of the Philippine-US Visiting Forces Agreement, months after US President Barack Obama called up President Gloria Macapagal-Arroyo to emphasize the importance of the VFA in the two countries’ relations.

The VFA came under fire for its alleged lopsided provisions when the Philippine government surrendered custody of Smith to the US embassy even after his conviction, based on a provision in the VFA, which stated that the US embassy would retain custody of American servicemen pending all legal proceedings on any offenses they might have committed.

The Makati regional trial court had sentenced Smith to reclusion perpetua or life imprisonment.

The court had acquitted three of Smith’s co-accused – Staff Sergeant Chad Carpentier and Lance Corporals Keith Silkwood and Dominique Duplantis.

Published inForeign AffairsJustice

76 Comments

  1. Oh well… Part and parcel of US doctrine of keeping a US-influenced (on a tight leash) and weak Philippines!

  2. It’s long expected. Malacanang and the US were behind this. The alleged phone call Obama made to the Evil Bitch was part of the deal. In exchange, the RP government would allow the US troops to do their thing in Mindanao while Washington won’t
    endorse any removal of the Evil Bitch’s from office; at least until 2010.

  3. chi chi

    The Barack phone call that sent Gloria Arroyo to cloud 9 and Nicole to America of her dreams!

    Maraming naiwan sa pansitan si Suzette! Good luck sa kanya at kay Daniel Smith…sana ay magkita sila sa US of A!

  4. JuAnTaMaD JuAnTaMaD

    Bopol talaga ang Justice System ng Bansang Pinamumunuan ng Pesteng Glorya.
    Pero sa akin ay kahit noon pa naman alam kung gawa-gawa lamang ni Nicole lahat. Ang problema ay maraming nakisawsaw na akala mo ang gagaling yon pala para makilala lang sila.
    Tanong lang po, saan kumukuha ng pera yang mga Party List na yan. Yang mga grupong akala mo nagmamalasakit, ngaw-ngaw dito ngaw-ngaw doon. Pero wala naman silang nagagawa. Sino sino ang nagpi-finance sa mga taong ito? May kanya kanya silang isyu. Di ba puwede na magka-isa na lang tayo para palayasin na ang mga taong nasa Gobyerno ngayon??????

  5. After the Supreme Court issued an order to Smith’s lawyers to explain the reason or reasons for Nicole’s retraction, the Court of Appeals now released its decision in favor of Smith which it kept for quite sometime. What a timing !

  6. atty36252 atty36252

    The prosecution made a blunder. The information (indictment sa US) alleged force and intimidation, but their evidence showed that Nicole was so drunk that consent may not have been given.

    If one drugs a woman, and she passes out, even if there is no physical resistance, there would be rape because there was no consent.

    This really is a 50-50 case. Many believe that Nicole gave consent, because of her flirting, etc. I believe that it could have been a case similar to Jodie Foster’s movie; there was flirtation, but at the last moment, there was refusal. Problem is, this is difficult to prove.

    The physical evidence, however, points to lack of consent. There were genital lacerations, etc., indicative of dryness. That dryness shows that she was not sexually turned on (kasi nga, passed out), belying the finding of the CA that it was a “spontaneous, unplanned, romantic episode”.

    Note, however, that the CA panel was composed entirely of women justices. So that lends moral force to the decision, one cannot say that it was subconsciously motivated by male chauvinism (nagbigay ka ng motibo, so, in the words of Raul Manglapus, just enjoy it).

    As to the Obama phone call, notice that one of the justices is Remedios Fernando, the justice who penned the decision on the Northrail project. Her track record so far indicates independence.

  7. atty36252 atty36252

    Hindi pa rin off the hook ang Sycip. The unethical behavior has already been completed. Ethics cases are about how the game is played, not about results obtained. Diyan malimit gamitin ang mga katagang “sporting chance of fair play”. This is observed more in the breach, than in the performance, as far as the Philippines is concerned; mga tao, magugulang, pero pikon kapag nagulangan.

  8. Rose Rose

    It didn’t take much time (less than a year) and the true color of Obama is glaring on us…history and this will be a history on how US tumbles down..greed and materialism…that is America…hindi ba ang sabi niya US is not a Christian nation? what then can we expect of America..hindi Christiano…sana magpatunay siyang isang tapat na Muslim…but even that is still questionable..Ano ba talaga siya?..a little bit of this and a little bit of that?

  9. I wonder how our Pinays in the US would feel if they met Nicole in the States. Would it be “Way to go, Nicole. Congrats! You made it here by simply screwing a sailor”? Or “Tangna ka Nicole, hindi mo binigyang-kahihiyan ang mga Pilipina”?

  10. Ellen, time to remove those ads at the bottom. They’re ruining the page!

  11. Mike Mike

    I beg to differ from most of you regarding the Nicole case. I felt at the very beginning when it was first reported, that the reason why Nicole says she was raped is because she was dumped on the road side half naked by Smith & co. She must have felt slighted and that there was someone I think who saw her then. Second, I seldom hear a rapist wearing condom to rape someone. But that’s just me and my opinion.

  12. Rose Rose

    Mabuti nga hindi siya pinatay..take the case of the craiglist rapist that was the news lately..he killed his victims…I feel sorry for her…a victim of greed..and corrption…an innocent victim? may kasalanan din siya…

  13. Rose Rose

    atty: do you mean SGV? what role did they have in this case?

  14. atty36252 atty36252

    do you mean SGV? what role did they have in this case?

    No. The other Sycip. Sycip Salazar Hernandez and Gatmaitan is the law firm. Sycip Gorres and Velayo is the accounting firm.

    Sycip law firm’s lawyer (defense) notarized the recantation affidavit of Nicole, probably even drafted it. A lawyer cannot speak to the other party directly, if the other party is represented. That is done, to ensure that there is no undue advantage – a lawyer using his legal blah blah blah on a non-lawyer party. There is a probability na ma-goyo ang other party. So, lawyer to lawyer dapat ang usap.

  15. saxnviolins saxnviolins

    Konting aside.

    Reading through the Ted Failon news of today, I cannot help but notice basic grammatical errors . Puwedeng magkamali sa blog, because that is more spontaneous; ganoon din sa broadcast. But newspapers? Wala na bang serious editing?

    Failon said in his affidavit that it was he who brought his wife to the New Era General Hospital in Quezon City when he and his maids found him lying in a pool of blood at the comfort room in their house. (Biglang naging him si Trina – bading ka pala Ted).

    GMANews

    The National Bureau of Investigation (NBI) was allowed access to the Failon home on the condition that members of the media would be barred from stepping foot on the house at Tierra Pura Homes in Quezon City. (Setting foot – If you step on a foot, may magagalit).

    Inquirer

    there are three “mystery” people present at the house of ABS-CBN news anchor Ted Failon when his late wife was found at his daughter’s bathroom. (Should be “were” di ba? Past tense. Past tense na rin dapat ang career mo).

    ABS-CBN

  16. Ano ba ang mas matimbang CA o Kataas-taasang Hukuman, hindi ba ang Kataas-taasang Hukuman? Nakakasuklam na ang dakilang negro na puti naman palang si Obama e makikialam pa rito. Dapat inirespeto nila yung unang desisyon ng hukuman na makulong si is-Smith. Ka-ek-ekan talaga. “Change” daw kuno, e ang tangi lang nagbago sa pangulo ng Amerika e ang kulay ng balat pero kung tutuusin si Bush pa rin ang nakaupo. Pati torture supurtado niya. Nakakadiri. Ang kaluluwa niya e di malayo sa kulay ng alat niya

  17. Subic Rape Case:Don’t Just Blame the Victim; Prosecute Her!

  18. Thanks, Tongue. I’ll tell Abe.

  19. saxnviolins saxnviolins

    Ano ba ang mas matimbang CA o Kataas-taasang Hukuman, hindi ba ang Kataas-taasang Hukuman? Nakakasuklam na ang dakilang negro na puti naman palang si Obama e makikialam pa rito. Dapat inirespeto nila yung unang desisyon ng hukuman na makulong si is-Smith.

    Yung kulong, pending the appeal. Walang sinabi ang Kataas-Taasang Hukuman ukol sa kaso mismo.

    Tapos na ang appeal, na sa marami ay walang appeal. Sabi ng CA, walang gahasa – kapwa silang may pagnanasa sa isa’t isa.

  20. TruBlue TruBlue

    Kendra Y: blame Gluerilla the patsy and Kristy K. And most of all Nicole. If she said there was no rape, you have to let go the rapist as most claim he was. None of us were on the crime scene but can’t wait for the other three marines to come out and say “we all took turns raping her”. Daniel was just the fall guy.

    She knew all along this was her ticket to good ol’ USA. And the Philippines SC was spineless as usual to put a halt to this charade.

  21. Rose Rose

    Thanks atty..I know SGV is an accounting firm..

    incidentally abg pinakataas na hukuman (Highest court) sa atin is only 4’11 but indeed she is so supreme and powerful…small but terrible!

  22. Rose Rose

    sana magdemanda si Smith kay Nicole para ma deport siya..ang sabi don’t get angry get even…

  23. jocjoc jocjoc

    Kung involve na ang politics sa issue ni Nicole, may option pa ba siya? In short, nagpa areglo na lang kaysa kung ano pa ang mangyari sa kanya, iykwim.

  24. DJB DJB

    The Lynch Mob gets what it deserves::chagrin. But the Victimology lives on and on…I can see. Sigh!

  25. Ulysses Kim Ulysses Kim

    Flash:—A Filipina was raped in Dubai. The Philippine government cannot do anything about it.

    Flash:—A Filipina was raped in Saudi Arabia. The Philippine government still cannot do anything about it.

    Flash:—A Filipina was raped and maltreated in Taiwan. The Philippine government cannot do anything about it.

    Flash:—Another Pinay raped (at times raped and then killed) in many parts of the world and the Philippine government being so used to it preferred just to ignore it. Perhaps a diplomatic protest is in the offing. N-O-O-O-T !!

    Flash:—A Filipina was raped right under the very nose of Gloria Arroyo and the damn pathetic regime weighed its options and decided that millions of dollars in US aid is more than enough to conclude that Daniel Smith was the victim having been lured to a consensual sex by a hapless Nicole and wrongly accused him of rape.

    Come to think of it, I see no difference in the government’s stand on issues of rape whether the Pinay is raped abroad or right in the Philippines. It’s all the same to me. The Philippines is a helpless—– if not a downright pathetically weak sovereign country where corruption and immorality downgrades it to being a lame duck, the sick man of Asia, and the lapdog of America and other financial powers that are.

    Come one, come all, you sexual perverts and/or soldiers associated with the VFA. Rape our women and get away with it scott free, courtesy of Gloria’s government.
    You never had it so good. Where else can you go in the world like the Pilippines where raping its woman populace is protected by the government’s legal system and is likewise a tourist attraction ? Enjoy !!!
    in Dubai

  26. Jake Las Pinas Jake Las Pinas

    Abrogate the VFA. Dont let this happen again. It is so embarrassing to the country. These exercises with the americans are useless to us. What our soldiers learn is only used against its own people.

  27. Meeh Meeh

    Smith and Suzette were BOTH used by Gabriela, Pozon, Ursua, Bayan Muna, Hontiveros, Legarda, etc., for their POLITICAL and CAREER aspirations.

    Smith was USED as an effigy of the US by those people.

  28. Now that Smith has been acquitted, do you know what he’s telling the people and his friends? “He was raped by Nicole.”

  29. Rose Rose

    Gloria raped, rapes and continues to rape the people..who seems to just keep quiet and do nothing…but do they enjoy it? ambut gani!

  30. These were the words of Nicole’s mother: “Leave us alone. It’s God’s will. Nicole is happy now. We’ve other things to do other than this matter. Let her be happy with her life and move on.” As you know, Nicole’s family no longer wants to pursue the case. And why should her mother bother? She was already paid !

  31. Yes, I think we should leave them alone. Nasayang lang lahat ng oras natin na ikondena at ipaglaban si Nicole. At the end, she would say that she wasn’t rape. With the ruling, I think it’s time to move on.

  32. Time to file “People of the United States of America versus Suzette Nicolas a.k.a. Nicole.”

    Kawawa naman si Smith – the real victim. Tama ba, DJB & Meeh?

  33. Smith is innocent Smith is innocent

    what the hell is this obama crap? this was a decision by the judge in philippines. stop using obama as the reason for all this. he was not the judge who gave the decision. it was ur crooked government. there was not evidence to prove that this was a rape. smith is the victim here.

    if i were him i would file a countersuit for slander, defamation of character, public humiliation, and hell emotional damage for what that b*tch nicole did and FYI wat the hell was she doing with all those guys in the first place? its called opportunist. u r innocent until proven guilty.

    smith is free. deal with it. and stop crying. nicole is to blame here for being a slut who was looking for a meal ticket. there are a number of filipina women who impregnate themselves to have an american’s kid. why do you think there are so many mixed black pinoy in pampanga? i know some do it to come to the US and get away from the 3rd world life that is the phils but thats no excuse.

    ive lived here and its rough, but girls like nicole are what give the phils a bad name about their women sometimes.

    and to ulysses kim STFU. things to happen to people all over the world every day. stop stereotyping filipinas as if theyre the only women who ever get raped. it happens to all races so please use this space for common sense and not stupid ignorant comments like that.

    the people of the philippines voted arroyo into office. you dont like the job shes doing you shouldnt have voted her ass in the first place. FPJ died a year after election anyways. so she would have probably replaced him. besides wasnt it arroyo who a few years back helped free that one filipino man from pampanga with 8 kids by asking all her humanitarian workers to leave iraq? yea what a monster she is. calling on all 50+ workers to leave so that one man can go home to his family.

    ungrateful f*cks. know the facts before spewing your garbage. you have a problem with ur corrupt government then do something about it.

  34. AbdulKiram AbdulKiram

    To you Mr. Smith is innocent, I can only say this. YOur English is so bad you need to go back to school. If you are one who is pretending to be an American, then you are a sorry excuse for being one. Americans do not speak your kind of English. I know a kid who is only four years old and he speaks superior English than you do. And he is Pinoy. You are trying hard to look intelligent but in fact your views are that of a moron. In your own words, I also say please use this space to express common sense. Your opinion are pathetically stupid. Whoever you are, whether you are just somebody practicing your English or a real American shit, then fuck you, asshole. Do not spill your garbage here where you obviously belong. Come to Sulu and I will give you a tour of what you are looking for. Let me see if you are as tough as you presume to be.

  35. Obama had nothing to do with Smith’s case. He could have called the Evil Bitch to shape up or else…

    Smith’s case has long been decided long ago during Bush’s term. They only timed it now so that Bush is free from blame.

  36. TruBlue TruBlue

    AbdulKiram: On line #5 of your post, the word “opinion” needs an S. Ask the four year old Pinoy who speaks superior english, he’ll agree with me. By the way, can you get this “four year old” superior speaker to blog with us? He might have some rationale words of wisdom he can share with us. Cheers!

  37. jose miguel jose miguel

    This rape issue has been a deviation of the original basic issue. After the Americans invaded us and 500,000 to 900,000 of us Filipinos died, rape by the Americans became just a political, legal, economic and women’s issues.

    But the original issue has really been a sovereignty and moral issue. It has been a sovereign nation like that of the Americans, invading another sovereign nation like that of us Filipinos.

  38. jose miguel jose miguel

    Our resistance as a result of the aforementioned deaths of us Filipinos, weakened progressively that until now, it has not yet been settled. Rape is just a result of that invasion.

    The issue is, this invasion has yet to be settled. This is not for the politicians, lawyers, economists or women. Nor just for leftists or nationalists. It is a matter to be settled by all of us Filipinos.

  39. AbdulKiram AbdulKiram

    Mr. TrueBlue,

    Normally, I wouldn’t attack anybody the way I just did to one blogger named, Mr. Smith is innocent. It is just that as bloggers, it is my belief that we should comment on the issues/messages at hand and not on the messenger so as not to antogonize anybody. Should one disagree with anybody, he/she may do so without being disagreeable. Walang personalan ito. Let us be responsible and intelligent in what we say. Let us not even mention who wrote what. Just comment on the remarks and say your own decent opinion.

    I have read all the comments and I just couldn’t help saying what I said to one Mr. Smith is innocent. Everybody has the right to say his/her two-cent’s worth without undermining anybody.

    Anyway, thanks for the correction. There really should be an S. My, my, my,,,what sharp eyes you have !!!

    By the way, I cannot get the 4-year old boy I was talking about. He is on a speaking engagement. I will let you know in case you really need help.

  40. I said it before, I have the gut feeling that the Supreme Court will reverse the decision because of two conflicting verdicts. One verdict accepting that a crime was committed and another verdict accepting the fact that the spectators did not witness a crime.

    The conviction of Smith being based on circumstantial evidence, the evidence of the defense as to the absence of the elements of rape was not appreciated with much caution. Judge Pozon could have been pressured with the thought of convicting a foreigner and protecting a fellow citizen.

    As for Gabriela, for the advancement of its anti-government and anti-imperialist beliefs, it persuaded Nicole to go on with the story of rape at all costs because Gabriela was ready to fund her needs and protect her and all. Contrary to Nicole’s testimony before the court, her earlier story was she was not raped. This was her narration before a Congresswoman in Zambales ( Mitos Magsaysay) whom she first talked to. After going to the prosecutor’s office, she changed her tune. Probably that was when she was already contacted by Gabriela.

  41. “FPJ died a year after election anyways. so she would have probably replaced him”.

    Dead wrong. It would have been Noli De Castro, VP race winner, who would replace FPJ had he won.

    know the facts before spewing your garbage.

  42. Abdul Kiram,Nicole was not raped. She was just not satisfied because the sex lasted only 5 minutes and Smith did not even ejaculate. It was a blow to her ego when Smith did not ejaculate, in the presence of his comrades. And this (very close friend) pretending to be of Nicole is only jealous that Nicole had an “orgy” with some US Marines,while Gabriela’s horny bitch were contented with fingers.

  43. Smith left the country without passing through immigration authorities, as confirmed by DFA today. Parang si Garci, ha.

  44. Romantic episode and not rape? Romantic na pala yung itapon kang parang basura, baliktad pa yung pantalon mo. Insultuhin ka pa nang ilagay yung ginamit na condom sa panty mo. Kung romantic na matatawag yun, these female justices must be perverts!

  45. Putangina nilang lahat!!! Siguro ang mga putanginag members of CA, ganyan kung romansahin ang mga asawa nila… Putangina nila!!!

  46. TruBlue TruBlue

    Ka Abdul K: You’re not a proponent of “ad hominem” and “self-righteousness” are you? Been visiting this blog for two years now but been only active participant last summer since the blogs I’ve been previously visiting prohibited attacking one’s comment. Which is silly and stupid!

    You’re the first commenter here, as far as I can remember, who blisters someone about the “english usage/s”. Most commenters here know what they’re talking about and many disagreements abound, words are misspelled, we make mistakes but the intent is there. You might want to become a “blog patrol constable”.

    Shoving down “ad hominem” and being so “righteous” down the gutter makes for a better discussions. Words are just flying here not IED’s or RPG’s.

  47. Romantic episode?

    Shit, those members of the CA think very much like the Talibans, don’t they?

  48. nahnah nahnah

    Well, i do not know if all of u know her story and her case, like Cocoy. If u are a right thinking person, even a prostiture, would u allow yorself to have a romantic sex at the back of the van where ur friends are cheering. Here is the link http://subicrapecase.wordpress.com/.

  49. TruBlue TruBlue

    Ka Abdul K: NO, no, no…certainly I’m not gonna learn from a “superior english speaking pinoy four year old” by the same token I can’t learn nothing from those Ateneo, UP, and La Salle national debaters, hmmmm…maybe it’s because they talk in rapid style like a gatling gun.

    Most of my mentors are way older than me, they’re in their late 60’s and 70’s – lots of archived wisdoms in their brains. And they pay for my dinner. I’d just say “hey I paid our dinner last week”, sadly enough one will say “oh yeah”. That’s the beauty of having good old friends. Some even forget where their damn house is, “hoy, your house is over there!, nalampasan mo na.”

  50. TruBlue TruBlue

    What I’d like to hear one of these days, will be for the other three marines to come out and say “hell yeah, man! we took turns raping her!” Could be another clunker to a clunky rape case in the first place (is there a word clunky?)

    Most people are clawing and gnawing their way to the US Embassy to secure a visa, yet, here’s someone raped and shown the exit door to the US with no sweat, courtesy once again of the inept justice system of the Pilipins.

  51. Just a day after Smith’s acquittal, he immediately left the country. See how the US treat us! Look at those Filipinos charged and convicted in the US. Even on the strength of extradition ground, they cannot even leave the US.

  52. AbdulKiram AbdulKiram

    Mr. TruBlue,

    Blog patrol constable———————–ME ??? My friend, I hope you are not being sarcastic.

    Nope, I am not being self -righteous. I am just a plain, everyday, average Joe>>>>>a virtual nobody who merely wants to play fair and treat everybody with respect, no matter what one’s beliefs are in life. My only wish is that somehow, we could express our thoughts constructively without resorting to in-appropriate words that may otherwise weaken one’s argument, however relevant they may be. The substance of what we say in constructive arguments says a lot about who we are even as some of us hide under fictitious names. As all of us know how to use computers, I would assume that most (if not all) of us are an educated lot. Therefore, if it is not too much to ask, I hope we could behave and act as such.

    Sa totoo lang, I do not mind about how bad or how good one’s command of English is because I, for one, am not good at it. I am more interested in the substance of what one has to say———–misspelled, or ingles-kabayo—whatever. For as long as there is no personal attack on the person (or persons) I really do not give a damn. Like I previously said, walang personalan. We are here to express our simple and/or grandiose opinions but certainly not to attack one another.

    Ad hominem ? I don’t think so.

  53. AbdulKiram AbdulKiram

    Mr. TruBlue,

    Blog patrol constable———————–ME ??? My friend, I hope you are not being sarcastic.

    Nope, I am not being self -righteous. I am just a plain, everyday, average Joe>>>>>a virtual nobody who merely wants to play fair and treat everybody with respect., no matter what one’s beliefs are in life. My only wish is that somehow, we could express our thoughts constructively without resorting to in-appropriate words that may otherwise weaken one’s argument, however relevant they may be. The substance of what we say in constructive arguments says a lot about who we are even as some of us hide under fictitious names. As all of us know how to use computers, I would assume that most (if not all) of us are an educated lot. Therefore, if it is not too much to ask, I hope we could behave and act as such.

    Sa totoo lang, I do not mind about how bad or how good one’s command of English is because I, for one, am not good at it. I am more interested in the substance of what one has to say———–misspelled, or ingles-kabayo—whatever. For as long as there is no personal attack on the person (or persons) I really do not give a damn. Like I previously said, walang personalan. We are here to express our simple and/or grandiose opinions but certainly not to attack one another.

    Ad hominem ? I don’t think so.

  54. Off topic:

    Crazy things are happening in this world. As if same sex marriage is not enough, there’s a plan to have a marriage contract be fixed for some years like home mortgage…5 or 10 years Fixed.

  55. TruBlue TruBlue

    Darn it…sorry Ka Abdul K, forgot to put wink, wink after that “blog patrol” remark. Agree with you, but we need to have color commentaries once in a bluemoon, don’t you think?
    It makes discussions interesting and exciting without losing track of the post. Cheers to you and regards to Mayor Duterte if you’re close by. Maybe you can convince him to run for Prez so he can wipe out the islands of corruptions and assorted criminalities.

  56. The report is that Nicole’s US visa is a student visa. Tuition for international students in the US is exorbitant. How can she afford to pay for her education there? Before a student visa is approved and granted, US immigration checks your financial capacity to study and live in the US.

  57. Meeh Meeh

    bitchevil,

    There is NO report that Suzette’s visa is a student visa.

    There are reports that she has a fiance visa.

    However, on her affidavit, she said that she WANTS to study in the US but it did NOT say that she has student visa.

    Can you comprehend what you read or are you just jumping into conclusion?

  58. Meeh, I did not jump into conclusion. I came across about it via News Media. She has a sibling who was also given visa. You don’t have to believe. Better still, do your own research and find your own source.

  59. TruBlue TruBlue

    A fiance visa is not possible in this case, if rules were strictly enforced. The petitioneer must be a US citizen and fiance visa application must be filed in the US, not embassy overseas. Then again, this was cooked up by both countries, so everything was fixed.

    I see those militants and Gabriela group protesting again. Don’t think these folks would waste their time shouting slogans if Nicole was raped by Corporal Juan Tamad of the local marine.

  60. Valdemar Valdemar

    We raise hell for just one acquittal at a due process.He didnt harm no one. And President Obama did not even intervene. Yet no one raised hell when our president saved our heinous criminals regularly from foreign gallows, gave them a clean slate after kiling our compatriots and perhaps others. Pinatawad nila ang ating mga bayani, pinatawad din ng babai si lalake. Ngunit ang nanay, ayaw patawarin tulad din natin.

  61. Meeh Meeh

    TrueBlue,

    How could a fiance visa not possible?

    Can’t you see the trend that Suzette’s ex-boyfriend, Smith and current fiance are all US citizens?

    What does it tell you for what her real purpose was?

    Yes, the petitioner must be US citizen and must be filed in the US Immigration Office and NOT in any US Embassy or Consulate overseas.

    Did anyone say that her fiance visa was filed in the US Embassy in the Philippines?

  62. Meeh Meeh

    If the US intervene just like what the anti-Americans are saying, then why would Smith be subject to US Military Court Marshall proceedings after the Court of Appeals in the Philippines acquitted him?

    Think again… and Court Marshall is NOT a joke.

  63. TruBlue TruBlue

    Only said not possible if Nicole’s fiance was the soldier assigned in Zamboanga. Unless he went to the US and filed the petition, then went back to RP.

    Smith is Nicole’s ex-boyfriend?

    Her real purpose was get to the US. It worked out according to her plan!

  64. TruBlue TruBlue

    Don’t worry as to what the US Military do to Smith. One of the marines was dishonorably discharged and two were honorably let go.

    Philippines Courst of Appeals doesn’t add a squat to what the US Marines will do to him.

    Rethink Again, COURT MARSHALL IS A JOKE! But Court-Martial is NOT! You must do lots of shopping at Marshall’s, wink2x!!!!

  65. How sure are we there’s going to be a Court Martial by the US on the rapist Smith? They saying it and actually doing it is different.

  66. TruBlue TruBlue

    My personal take on this is, there will be no court-martial, even at the lowest which is Summary. He will most likely get non-judicial punishment from his Commanding Officer and be given dishonorable discharge. He already served his sentence (if you call that jail served), and the Marines already had a grasp of what this case was all about.

    The blame is on him, and If I had the chance to ask him, was that piece of ass worth it? It will be a resounding NO.

  67. There’s one thing about this Smith that’s easily noticed…his good looks. He’s very handsome. So, the theory that Nicole consented to the act is not far fetched.

  68. Meeh Meeh

    TrueBlue,

    Ha ha ha! Good catch on the spelling of “Martial”… and yes, I’ve shopped at Marshall’s but not a lot. Ha ha ha!

    Smith will have to face Court Martial because he did not treat Suzette right after having sex with her by dumping her on the curbside. In other words, MISCONDUCT.

    However, you are right, since Smith was in detention for three and a half years (including during the trial period), he may not be subjected to another detention time but would have to go to more trials (again) and discharged dishonorably or less than honorable. Well, he can try to appeal that if he wants to though.

    By the way, when I said that “Can’t you see the trend that Suzette’s ex-boyfriend, Smith and current fiance are all US citizens?”, I meant that they are three different men – Suzette’s ex-boyfriend (Brian), Smith and her current fiance.

    To answer your question if that piece of ass is worth it – Smith was drunk and any drunk people would find Suzette attractive. Ha ha!

  69. Meeh Meeh

    bitchevil,

    Due to Smith dumping of Suzette on the curbside after having sex with her, that is MISCONDUCT and it is SOP for the US Military to investigate that (more trial for Smith).

    Smith may not be detained again because he had been detained already for 3 1/2 years. Eventhough he was detained in the US Embassy, that was still detention and he couldn’t go anywhere nor do anything fun.

    The other marines who were with Smith at the time were subjected to Court Martial and have been discharged already. The most senior among the group, was dishonorably discharged – Chain of Command responsibility.

  70. To know if Suzette is beautiful and attractive, just look at her mom. I thought I was seeing Pokwa on TV during her mom’s interview. GIs don’t care if foreign women are attractive or not. Anything and any way to release their stress would make them happy.

  71. TruBlue TruBlue

    Thought Pokwang was twin sister of Palpakan, este Palparan the butcher.

  72. Yes, they look alike. Pokwaran and Palpakwang.

  73. gapoboy gapoboy

    Rapist Smith will be court-martialed for AWOL the very least, and will be dishonorable discharge from active service. This type of discharge from the military had already ruined your life because nobody in the civilian business community will hire you. Especialy you commited a felony.

  74. Meeh Meeh

    gapoboy,

    Smith can try to appeal it to get Other Than Honorable Discharge though because the case was really a POLITICAL PAWN, no more no less.

  75. Meeh Meeh

    gapoboy,

    Smith can even try to have an Honorable Discharge because of all the circumstances that put him in trouble – all POLITICAL…

    …but he will have to explain to US Military Court why he dumped Suzette on the curbside after having sex with her.

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