GOD BLESS YOU PRESIDENT CORY!

GOD BLESS YOU PRESIDENT CORY!
Showing posts with label Nicole. Show all posts
Showing posts with label Nicole. Show all posts

Friday, April 24, 2009

Daniel Smith's Acquittal Increases the Pressure to Scrap the VFA

24 April 2009

It seems that legally, there is nothing to stop Daniel Smith from walking away as a free man. The fact that the Regional Trial Court (RTC) verdict penned by Judge Benjamin Pozon was overturned by three female justices will only serve to enhance whatever "credibility" Daniel Smith's acquittal has.   

However, I doubt whether "Nicole" will really be able to move on with her life. The stigma she carries in her person is no longer that of a rape victim but of "a girl who cried wolf." When a woman is raped, she is clearly the victim. But when she cries "Rape!" and then the whole nation comes over to her side, wins her case and then, all of a sudden she cries "No Rape!" without even talking to her lawyer, let alone the nation that stood united behind her, then what do you call that?!

I'm not saying this to pass judgment at "Nicole." She's been through a lot. But she does have some responsibilities to a nation that has shown tremendous concern and caring for her during the darkest hours of her ordeal. 

Depending on how it handles this development, the Supreme Court of the Philippines could turn out to be one of the biggest losers here. The CA decision clearly jumped the gun on our highest tribunal. 

The question is, will the magistrates of the Supreme Court just say "Moot and academic!" or are they going to address the moral and ethical issues that are embedded in the actuations of the Court of Appeals and the lawyers of Daniel Smith?  The next few days and weeks should give us the answer. 

It goes without saying that even the credibility of the moral force movement launched by Chief Justice Reynato Puno is also at stake here.

But the biggest loser in this drama is the Philippines.  Are we going to search for a way to redeem Filipino honor by say, scrapping the VFA (Visiting Forces Agreement), or are we, as a nation just going to give up and say, "there's no more Filipino honor to redeem!"

I say let's SCRAP THE VFA!


Here are related videos courtesy of gmanewstv.  They show Senator Chiz Escudero calling for the scrapping of the VFA, interviews of Attys. Evalyn Ursua and Jose Justiniano, a reaction from the mother of  "Nicole," and a report on the possible whereabouts of Daniel Smith:







24 April 2009 12:44pm UPDATE

I'm watching QTV's Balitanghali and they've just reported an
announcement by the US Embassy that Daniel Smith has left 
the Philippines for the United States.


Thursday, April 23, 2009

US Lance Corporal Daniel Smith, Acquitted by the Court of Appeals


PRESSURE TO SCRAP THE VFA INCREASES

BREAKING NEWS

23 April 2009  5:30pm, Manila time

American Marine Lance Corporal Daniel Smith has just been acquitted by the Court of Appeals. The decision was promulgated  by the CA's 11th Division with the ponencia rendered by Associate Justice Monina Arevalo-Zenarosa and concurred in by Associate Justices Remedios Salazar-Fernando and Myrna Dimaranan-Vidal (did you notice that all of there lady associate justices have hyphens between their surnames?)  

The Court of Appeals decision overturns the guilty verdict on Smith handed down on December 4, 2006 by Judge Benjamin Pozon of the Makati Regional Trial Court (RTC) Branch 139.  
 
This development comes amidst calls for the Supreme Court to look into the submission by Smith's counsel to the Court of Appeals of "Nicole's" retraction affidavit and the leakage of the CA ruling.  

The following video is an interview by Igan Arnold Clavio with Atty. Evalyn Ursua, former lawyer of "Nicole," aired at Unang Balita over GMA-7 on March 25, 2009:


For a quick refresher on the Daniel Smith-"Nicole" rape case, here's an excellent timeline courtesy of gmanews.tv.

The way I see it, this acquittal will increase pressure on our lawmakers to revoke the VFA. If "Nicole" does not "retract" her "retraction," scrapping the VFA appears to be the only way of redeeming Filipino honor.  





 
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