CA ruling on Smith custody vindicates gov’t - Ermita

Executive Secretary Eduardo Ermita on Wednesday said the Court of Appeals (CA) decision on the custody case of rape convict and US marine Lance Cpl. Daniel Smith vindicated government’s move to transfer the serviceman’s detention to the US Embassy. “So they (CA) say it is already moot and academic. And so it is a vindication--if you may say that--of the action of the executive branch," Ermita said. “Kita naman ninyo (you see), within 48 hours, the Americans made the announcement [that joint US-RP Balikatan military exercises would resume]," he said. He said the Balikatan exercises are valuable to the Philippines because it improves the fighting capability of the Armed Forces of the Philippines from the exchange of expertise on military technical know-how and intelligence. “One of the problems of a country like the Philippines is having to face up to the insurgency problem, including our problem in the South," Ermita said. “We are getting a lot of assistance from the US on these matters," he said. Justice Secretary Raul Gonzalez said while the petition on custody has been dismissed, the appeal on the issue of guilt or innocence is still pending before the CA. He said the decision on the custody could still be appealed before the Supreme Court. He dismissed as “a figment of some imagination" reports of a possible constitutional crisis on the government move on the custody issue, adding that he does not see the culpable violation of the Constitution that administration critics are airing. Ermita and Interior Secretary Ronaldo Puno said that the transfer of Smith to the US Embassy had the go-signal of the Palace. Puno said the PNP and the Bureau of Jail Management and Penology would have access to Smith to ensure compliance of the Visiting Forces Agreement. Ermita said the Cabinet should review the provisions of the VFA, particularly the definition of “extraordinary circumstances," which would warrant Philippine custody over US soldiers. To prevent a repeat of the Subic rape incident, Foreign Affairs Undersecretary Rafael Seguis said US military authorities will issue a strict code of conduct for American forces participating in the next Balikatan exercises. “They will not be allowed any shore leave, they will go back to their respective vessels immediately after the exercises and so (the chance of) incidents like rape or any untoward incident would happen is very very remote," he said. -GMANews.TV