VFA body airs assurance on case vs 6 US Marines
By JONAS REYES Manila Bulletin
SUBIC BAY FREEPORT — The Presidential Commission on the Visiting Forces Agreement (VFA) assured that the six US servicemen accused of raping a 22-year-old Filipina will not be given immunity and that the case will be tried by Philippine court.
Undersecretary Zosimo Paredes, VFA Commission executive director, corrected misconceptions that the VFA can grant limited or full immunity to US troops participating in the bilateral training activities in the country.
He said that the agreement does not give (full or limited) immunity to any US personnel, who are subject to the law, policies, and public morals of the Philippines.
During the first preliminary hearing on the alleged rape case last week, the six US servicemen did not appear despite the summons issued to them by the Olongapo City Prosecutor’s Office.
Paredes said, however, that the accused were not obliged to appear under the rules of the court.
"The absence of the US Marines was not intended to insult the Philippines court, and the Marines were only complying with the advice of their lawyers in accordance with the rules of country’s court," he said.
He said that if the presiding prosecutor calls for their presence at the preliminary investigation, the accused Marines have no choice but to appear at the probe.
He said, "there are no provisions in the VFA that grant immunity to US troops either from criminal or civil liability."
Paredes also said that the victim can sue for damages under the VFA, adding that the agreement allows the offended party to file an independent civil action for damages against any offending USpersonnel.
Under Philippine law, an independent civil action allows a complainant to still seek damages even though the criminal aspect of the case has resulted in an acquittal by technicality.
Conviction in a criminal case requires evidence of guilt "beyond reasonable doubt," while a civil suit may prosper after passing a less rigorous test of "preponderance of evidence."
SUBIC BAY FREEPORT — The Presidential Commission on the Visiting Forces Agreement (VFA) assured that the six US servicemen accused of raping a 22-year-old Filipina will not be given immunity and that the case will be tried by Philippine court.
Undersecretary Zosimo Paredes, VFA Commission executive director, corrected misconceptions that the VFA can grant limited or full immunity to US troops participating in the bilateral training activities in the country.
He said that the agreement does not give (full or limited) immunity to any US personnel, who are subject to the law, policies, and public morals of the Philippines.
During the first preliminary hearing on the alleged rape case last week, the six US servicemen did not appear despite the summons issued to them by the Olongapo City Prosecutor’s Office.
Paredes said, however, that the accused were not obliged to appear under the rules of the court.
"The absence of the US Marines was not intended to insult the Philippines court, and the Marines were only complying with the advice of their lawyers in accordance with the rules of country’s court," he said.
He said that if the presiding prosecutor calls for their presence at the preliminary investigation, the accused Marines have no choice but to appear at the probe.
He said, "there are no provisions in the VFA that grant immunity to US troops either from criminal or civil liability."
Paredes also said that the victim can sue for damages under the VFA, adding that the agreement allows the offended party to file an independent civil action for damages against any offending USpersonnel.
Under Philippine law, an independent civil action allows a complainant to still seek damages even though the criminal aspect of the case has resulted in an acquittal by technicality.
Conviction in a criminal case requires evidence of guilt "beyond reasonable doubt," while a civil suit may prosper after passing a less rigorous test of "preponderance of evidence."
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