Re: philippines formally ask for costudy of 5 american marines accused of rape.

PJA wrote:

========================================

MY TAKE

What I understand from the provisions of the VFA: (with my own
interpretation of "somewhat vague" aspects of some provisions.

1.  The Philippines has JURISDICTION.  But the USA has (immediate)
CUSTODY.  There is, in fact, a qualifying condition that for the USA to
acquire (immediate) CUSTODY, it must submit a request, to the
Philippine authorities   The VFA does not specify the form of the
"request for custody", i.e, how the request for custody should be
manifested. However, it does specify that such request be made "upon
commission of the offense.

2.  The "request for custody" appears to be "mere formality".
Otherwise, it would have a provision stipulating the rules - in case
the Philippines does not grant the so-called "request". The problem is
Philippine media and the TRAPO politicians are only now beginning to
see and realize how "empty of sanctions", this provision is." Now,
everybody wants to jump in and deign to protest this "oversight" as
inimical to the sovereign interests and patriotic and national
aspirations of the Pilipinos.  My advise to these perpetually fawning,
feigning, frothing, ranting and raving patriots and nationalists is -
"blow it out of your asses!" you are not happy with the VFA, you have
180 days after notification to cancel it and render it null and void.
So, they can cancel the VFA, NOW, if they are really so hot about their
concern that "the dice is loaded in favor of the offenders and that the
poor alleged rape victim might not receive justice."  By the time the
termination and cancellation takes effect...(May 2006, if the notice to
terminate and cancel is made now), it would still be well within the
"one year prescribtive period" contemplated under the VFA.


3.  The prescriptive period of one year refers to the time during which
the Philippine court will have to finish trying the case and making a
judgment; I am not clear as to whether that is also what
(Tumbaga/Manansala?) meant by his posting:

That is good.

It is explicitly stated that the U.S. must turn over the accused for court proceedings within one year of a court order. >


4. Everybody in Congress, now wants to squeeze in their two cents word
edgewise, from the young to the not so young, and even the old
TRAPOS...Bottom line: what legal participation or legal role can any of
these clowns officially assume in ensuring that a "fair and balanced"
investigation, reporting and trial is conducted for this case??? I
don't see any. 

PJA


The US doesn't trust the Philippine justice system, do you? I guess that is why they wanted immediate custody.
.

Relevant Pages

  • Six U.S. Marines Accused of Rape
    ... >MANILA -- The Philippine government has formally requested custody of six ... >The Marines have been in US custody in the Philippines since a 22-year-old ... >It rejected Friday the soldiers' request for an extension of the period ...
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  • who is this palparan fellow ?
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  • philippines formally ask for costudy of 5 american marines accused of rape.
    ... Seguis made the disclosure after he was pressed to reveal the action ... taken by the government as far as custody of the six accused was ... Secretary Raul Gonzalez said that it was retired general Jose Calimlim ... Seguis said it forwarded the request of Katrina ...
    (soc.culture.filipino)
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