Subic Rape Case
Does the Country’s Justice System Favor the Accused
U.S. Marines?
In the last preliminary
investigation of the controversial Subic rape case in Olongapo City,
prosecution lawyer Katrina Legarda raised alarm over the perceived bias of
the country’s justice system for the six U.S. Marines accused of raping a
Filipina. A judge who is also a former prosecutor says Legarda has reason
to feel threatened.
BY DABET CASTAÑEDA
Bulatlat
OUT NOW: GABRIELA
members demand pull-out of U.S. troops at a rally in Olongapo City,
Nov. 29
PHOTO BY
DABET
CASTAÑEDA |
OLONGAPO CITY, Zambales – Members of the all-women
prosecution team have denied being intimidated by the all-men defense team
in the Subic rape legal battle. But the complainant’s lead counsel Katrina
Legarda has made an admission: She is “threatened only by the Secretary of
Justice.”
She told this to reporters at the end of the second hearing
of the preliminary investigation in this city on Nov. 29.
The lady lawyer, who has been handling statutory rape cases
since 1994, also accused Justice Secretary Raul Gonzales for not grating
anything that the prosecution team has requested with regards the Subic
rape case.
|
Gonzales, she said, has not insisted that the defendants’
identification cards and passports be given to the Department of Social
Welfare and Development (DSWD) which the victim’s lawyers requested on
Nov. 14. The justice secretary, she said, has not also asserted the
Philippine government’s custodial rights over the six U.S. Marines accused
in the rape case.
Aside from these, she said, Gonzales has refused to secure
documents and other evidences that could help the Olongapo city prosecutor
decide if there is “probable cause” to file the rape case in court. This
third point, Legarda said, refers to the refusal of City Prosecutor
Prudencio Jalandoni, who is under the Department of Justice (DoJ), to
conduct DNA testing on the six U.S. Marines accused of raping a 22-year
old Filipina inside the Subic Bay Freeport on the night of Nov. 1.
The freeport is the site of the former Subic Naval Base
that hosted the U.S. Seventh Fleet for several decades until its closure
in 1992. U.S. military exercises have resumed in the country since the
Philippine government forged the Visiting Forces Agreement (VFA) with the
U.S. in 1998.
Irregular
Legarda charged that the DNA request was “irregularly
denied” by the city prosecutor. She said the DoJ, being the central
authority in charge of prosecution under the VFA, could easily ask the
Department of Foreign Affairs (DFA) to ask the U.S. Embassy for such
evidence.
However, Legarda said the justice department seemed not
inclined to accede to any matters with respect to a Filipino victim under
this treaty. “So I guess we just have to do what is necessary in order to
prevent any kind of injustice from further being implemented here,” she
told reporters.
“I don’t know where else a Filipino who is raped by a
foreigner can go to if the Secretary of Justice is not going to help,” she
added.
Legarda however said the DNA testing will be necessary once
the investigation goes to trial. “Unless they’re guilty and they’re all
scared,” she said.
Precedence
Meanwhile, Judge Dorentino Floresta of the Regional Trial
Court of Region III in Gapan, Nueva Ecija admitted in a separate interview
with Bulatlat that Legarda had reason to doubt that the
investigation would prosper at the Olongapo court.
Floresta, who served as Assistant City Prosecutor of
Olongapo in 1980-1990, Provincial Prosecutor of Zambales (1990-2000) and
at the same time Olongapo Special Prosecutor for Child Abuse, said most
sexual abuse cases filed before the Olongapo City Prosecutor against
American servicemen were dismissed.
The women’s group Gabriela has documented in the period
1980-1988 15 cases of sexual child abuse (aged 11-16 years old) and 82
cases of sex-related abuses on women (aged 16 years and above) filed
against U.S. servicemen based at both the Subic Naval Base and the Clark
Air Base in Angeles City, Pampanga. The group said all cases were
dismissed and many more were unreported.
With several child sexual abuse cases, the DSWD asked the
Zambales court to create a Special Prosecution Court for Child Abuse in
1990, Floresta said. He said most of the cases recorded from 1980-1985
involved American servicemen.
The RTC judge however said that many of such cases did not
prosper in court because the complainants were paid by the accused. “Inaareglo
na lang ang mga kaso” (the cases were settled out of court), he said.
Of all the cases during his term, Floresta said, only two
prospered in court. The first was a statutory rape case against an
American serviceman who sexually abused an eight-year-old girl in 1991.
Floresta only remembers the victim as a daughter of a prostituted woman in
Olongapo. The accused was placed under legal hold but was detained inside
the naval base under U.S. custody.
“May sarili silang detention center sa loob ng base,
di-aircon pa. Kaya hindi natin alam kung ano ba ang kalagayan ng akusado,
kung nakakulong ba talaga o kung nakakalabas” (The U.S. base had its
own detention center with an aircon. We didn’t know the condition of the
accused, whether he was really in custody or was set free), he said.
Floresta said the accused was able to sneak out of the
country when U.S. servicemen were flown out of the naval base following
the Mt. Pinatubo eruption middle of the year. The accused never came back
to the country and remains at large to this day, he said.
Bias
Floresta said that in rape cases, there seems to be a bias
against bar girls or prostituted women. In most cases he handled, the
accused, whether an American serviceman or not, were acquitted simply
because the complainants were bar girls. He added that during his time of
service at the Olongapo Prosecutor’s Office, no accused was ever convicted
of the crime of rape against a bar girl.
In one case in 1987, the veteran prosecutor said, an
American serviceman skipped prosecution after allegedly raping and killing
a bar girl in this city. The victim, a woman from Surigao province in her
early 20s, was found to have a lipstick cover embedded inside her vagina
after an autopsy.
Degraded as they are, Floresta said, the bar girls who
cried rape were only offered a small amount of money to prevent a court
case. “Binabarat lang nuon ang mga bar girl. Binabayaran lang ng
P10,000. Kasi yung katayuan nila mahirap lang kaya sa tingin nila malaki
na yun” (Bar girl [victims] were only given measly amounts like
P10,000. Being poor, they thought the money offered was big), he said.
In the Surigao case, Floresta said the victim’s brother, a
policeman, reportedly took some P60,000 from the accused. The case never
reached the court.
Evelyn Marzan, a prostituted woman when the U.S. bases were
still in operation, said she had known of co-workers who have been
sexually abused. “Pero pinapayuhan na lang namin sila na huwag na
magsampa ng kaso, magpabayad na lang sila” (We would just tell them
not to file any case and just accept payment), she said.
“Kasi pag nagreklamo naman kami sa pulis sinasabi sa
amin wag na kami magreklamo kasi trabaho naman namin yun” (If we
complained to the police, they would tell us not to complain because it
was part of our job as prostitutes), she added.
Floresta attributes this culture of immunity from sexual
abuses to the people’s lack of trust in the country’s justice system.
Cases take long to settle and victims see no certainty in winning so they
just accept some money, he said.
Against the
world’s strongest army
“Para akong umaakyat sa bundok” (It’s an uphill
battle), was how Floresta described how he handled cases against the U.S
servicemen, considered to be the strongest army in the world.
“Mahusay ang mga Amerikano, pinagtatanggol nila ang mga
akusado” (American authorities are good in protecting their own
accused), he said.
Floresta told how the U.S. military would keep a legal team
inside the base specifically to handle sexual abuse and other cases filed
against their men. U.S. Marines also had a discreet investigation team
that went around town to look for the victims’ family, he said. “Pag
nakita na nila ang mga kamag-anak, ooferan nila ng pera para hindi na
ituloy ang kaso” (If they see relatives [of the victims], they would
offer them money to prevent a court case), he said.
He had also been warned by American lawyers that there
would be grave effects on Philippine-U.S. relations if he continued
prosecuting American servicemen, he recalled.
Aside from pressure coming from the American lawyers, he
said he was also told by the city government to slow down on rape cases
because it could affect the image of the city. “Ayaw nila ma-publicize
na ganun ang nangyayari sa Olongapo” (They don’t want any publicity
about what’s happening in Olongapo), he said.
Political
will
Floresta said he understood how much pressure beset the
prosecution team and the prosecution’s office in relation to the latest
rape case in Olongapo. His advice: “Pag alam ng mga Amerikano na wala kang
ginagawang hanky-panky, irerespeto ka lang. Yun ang natutunan ko sa kanila.
Pag alam nila na pinaglalaban mo ang iyong karapatan, irerespeto ka nila.
Pero pag hindi, pag bigay ka lang ng bigay, lalong hindi ka irerespeto.
Lalong ida-down ka nila.” (If the Americans know you don’t do any
hanky-panky, they’ll respect you. Giving in will just not gain any respect
from them – they just make sure you lose.)
Despite the odds, Floresta sees that the case against the
six U.S. servicemen would prosper. “Kung suportado ng mamamayanan,
mahirapan gumapang ang mga Amerikano nyan” (If the people support the
case, the Americans would face a difficult hurdle), he said.
Bulatlat
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