BY AUBREY MAKILAN
Bulatlat.com
Posted 8:05 p.m., Dec. 4, 2006
Just after the promulgation of the decision on the controversial Subic rape case, residents were waiting outside the Makati City Jail where Lance Cpl. Daniel Smith was supposed to be temporarily detained. The residents have differing views on how justice should be served but they are united in the conviction that there should be justice for Nicole.
Just punishment
Of the four U.S. Marine soldiers charged with rape, only Lance Cpl. Daniel Smith was found guilty and sentenced with reclusion perpetua, 20 years and one day to 40 years. If not for the enactment of R.A.9346 abolishing the death penalty, Smith could have been sentenced to death. Rape in the Philippines is considered a heinous crime.
Nora, a resident of Brgy. Northside in Makati, was sitting on a bench near a store in front of the city jail. She seems uninvolved but when asked about her opinion on the case, she said Smith should have been sentenced to death.
“E pano kung makatakas?” (What if he escapes?) she asked, adding that the convicted U.S. Marine soldier is not an ordinary person.
Joel, who lives just beside the city jail, also thinks that Smith should have been meted the death penalty.
“Unfair naman, sa ibang bansa ang bilis-bilis patawan ng kamatayan ‘yung mga OFW kahit walang kasalanan,” (It is just unfair that in other countries overseas Filipino workers are immediately meted out the death penalty even if it was not clearly proven that they were guilty.) he reasoned out.
Meanwhile, Shirly of Brgy. Sembo fetched her daughter from school and waited in front of the city jail. She said that the penalty of reclusion perpetua was sufficient since nobody’s life was taken.
“Pero mabuti naman kung makikita s’yang nakakulong at nagdudusa,” (But it would be good to see him in jail and serving his punishment.) she said.
But Shirly argued that the three other U.S. soldiers should also have been convicted.
Justice
For Joel, this is not just Nicole’s personal case but a fight for the “dignity of Filipinos and the country as a whole.”
“Kung walang mako-convict, wala na talagang kwenta ang justice system natin,” (If nobody was convicted in the rape case then our justice system is really rotten.) he said.
If the U.S. would insist on taking custody of Smith, Joel said, “kung pagbibigyan ‘yun ng gobyerno natin, parang lalabas na papet na s’ya talaga ng Amerika.” (If the government agrees to it, then it shows that it really is a puppet of America.)
After waiting for three hours, the residents could not help but think that Smith was brought to an airconditioned room in the U.S. Embassy.
“Ibig sabihin nun malakas ang impluwensya, (at) ang batas natin talagang piring na piring na,” he said, “Kung mahirap ang makukulong antimano, nasa loob na yan, naghihimas na ng rehas.” (If that is the case, then a strong influence was exerted on the court and our justice system is really blinded. When a poor person is convicted s/he is immediately imprisoned and placed behind bars.)
Not fair
But the Makati residents doubted if Smith would be treated as an ordinary prisoner.
Joel, who has seen the lives of prisoners inside the Makati City Jail is not convinced that Smith will experience the same poor conditions Filipino detainees had to live with.
“Kung ordinary lang si Smith matagal na ‘yang nasa loob, naglilinis ng kubeta, may bukol-bukol na, nagtatakal na ng pagkain nya,” (If Smith was an ordinary person, he should have been imprisoned long ago, would have been cleaning the toilet, has experienced being beaten up, and has eaten prison food.) he said.
Joel, a gambler who bets on anything, was amazed that for the first time nobody would want to take his bet. He was betting that Smith would be imprisoned at the Makati City Jail. Nobody wanted to take his bet not because his neighbors had no money but because all of them were hoping that Smith would be imprisoned. (Bulatlat.com)
