Give me back my GI!!!

Insurmountable happiness was very apparent in the faces the Filipino people when the rape case filed by Complainant Nicole was adjudged against Smith. It was considered as a success not only of the Complainant but the Philippines’ rule of law as well.

However the order of Judge Pozon detaining Smith in the custody of the Philippines disregarding the “agreement” entered into by US and our government raises a question on the viability and legality of the said order.

In my opinion, it is but proper to uphold Judge Pozon’s Order of Detention. The argument of Smith that Judge Pozon resorted into his own interpretation of the Visiting Forces Agreement does not hold water in this case. What we should take into consideration is the fact that US already submitted Smith to the jurisdiction of the Philippine Courts as embodied in the VFA. It is then proper to assert that the logical implication of the same is to allow the Philippine Courts to take cognizance of the case based on our very own Criminal Proceedings and Rules of Cout. Meaning, it goes beyond the hearing of the case per se because it is inclusive of other matters appurtenant thereto ie. confinement of the accused pending appeal. It is then improper on the part of Smith to now claim that the Order of Detention was improperly laid because he is already estopped from asserting the same.

They say that the VFA entered into by the two countries has the presumption of regularity based on the Principle of Jus Cogens followed under the International Law because it is presumed that countries enter into an agreement or treaty in good faith. However, a deeper understanding can only be had if we transcend the technicalities. We must analyze what are the implications of submitting Smith’s custody to the US as well as the decision of the Court of Appeals mooting the said issue because of the so-called existence of a “new agreement”.

I believe that what the Executive department did was a supposedly shrewd political attempt to salvage US-RP relationship disregarding the fact that it would undermine not only our rule of law but the best interest of the Filipino people as well. On the other hand, I can say that the “so-gay” decision of the Court of Appeals upholding Judge Pozon’s judgment and at the same time rendering the transfer of Smith to US embassy moot and academic was a status quo decision that fails to make a very clear stand on the matter.
Sadly, the Court of Appeals failed to anticipate the repercussions of the said decision. The fact that Smith’s custody is in the US embassy presupposes the fact that the Philippines already lost jurisdiction over the person of Smith. In effect, the execution of judgment on the case would be an exercise in futility because I don’t think that US is imperceptive enough to surrender Smith to be penalized by the Philippines. Furthermore, rendering it moot and academic due to the existence of a new agreement between the two countries is a manifestation of blatant disregard to our domestic law insofar as treaty enforcement is concerned. It is because, for a new agreement to be valid, it must first be ratified by the Senate because it purports a new intention of the parties separate and distinct from the original.
I am not a big fan of Nicole because personally, I still believe that there was no rape (but then again that warrants another post). But when a public officer mandated to protect and serve the people is the same individual maligning the rule of law and betraying his countrymen, then that is something or someone worthy of a blog rant.