MANILA, 9 November 2005 — Prosecutors yesterday summoned six US Marines accused of raping a woman after counterterrorism exercises, in an incident that set off protests and calls for the abrogation of an accord allowing American troops to train in the Philippines.
The criminal complaint was signed on Nov. 3 by a 22-year-old Filipino woman who has requested that her name be withheld.
The incident happened on or about 10:30 p.m. inside a van driven by Timoteo Soriano Jr. while it was traveling at the Subic Bay Freeport, the document said.
Subpoenas issued by Olongapo City Prosecutor Prudencio Jalandoni were formally received by US officials at 2:30 p.m. at the Department of Foreign Affairs (DFA) in Pasay City.
Chief State Prosecutor Jovencito Zuño and acting DFA Secretary Rafael Seguis handed over the summons along with copies of the formal complaint to the US Embassy’s acting Deputy Chief of Mission Scott Bellard and press attaché Matthew Lussenhop.
The subpoenas — one for each of the respondents — ordered them to appear before Jalandoni on Nov. 23 and 29 at 2:30 p.m. for the preliminary investigation, and gave them 10 days from the time of receipt to file counter-affidavits.
Named in the case were Chad Carpentier, Keith Silkwood, Corey Burris, Daniel Smith, Albert Lara and Dominic Duplantis, ostensibly the unidentified person in the complaint.
The US Embassy has insisted five servicemen were implicated in the alleged rape but that six US Marines who had participated in the recent RP-US counterterrorism exercises had remained behind after their ships departed last week. The accused were from the aircraft carrier USS Essex.
“At this point in time, we are not asking for custody because that is part of the agreement (that) during preliminary investigation the US Embassy can have custody,” Zuño told reporters.
“(When) we find sufficient evidence against the accused and the court issues a warrant of arrest, then that will be the time we can demand custody of the accused,” he said.
Zuño clarified that it was still up to the court to grant custody to local authorities. “But normally the rule is that they should be jailed in the city jail.”
The alleged rape has cast a shadow on annual war exercises between American and Philippine troops, which have been credited with helping rout Moro extremists, and has presented President Gloria Macapagal Arroyo with a new political problem.
Amid almost daily protests, both governments appealed for calm during an investigation and say bilateral ties and joint military exercises will not be affected.
Justice Secretary Raul Gonzalez said President Arroyo has already called him twice about the case.
“This is an isolated case that will not affect the strong ties between the Philippines and the United States,” Arroyo’s spokesman, Ignacio Bunye, said.
The prosecutors asked the Marines to submit their replies to a rape complaint filed by the 22-year-old woman during hearings on Nov. 23 and 29 in Olongapo city northwest of Manila. They will then decide whether to file rape charges, which are punishable by life imprisonment or death, prosecutor Raymond Viray said.
The Marines were identified in summonses released by prosecutors but the US Embassy has refused to confirm their identities.
The embassy has pledged to make the Marines available for investigation.
Several left-wing activists picketed the Department of Foreign Affairs, urging the government to take custody of the Marines to ensure they would not escape prosecution.
Some lawmakers have sought a review of the Visiting Forces Agreement, a 1999 accord that allows US soldiers to train here and governs the treatment of those who run afoul of the law.
US Embassy spokesman Lussenhop defended the accord, saying it has benefited security forces of both countries and provides the legal framework for incidents like the alleged rape. (Input from the Associated Press and Inquirer News Service)
