visiting forces agreement

The October 26 visit to the Philippines of US Assistant Secretary of State for East Asia and the Pacific Kurt Campbell should be viewed as significant, coming as it is 6 years after the Subic rape incident involving four US Marines and a Filipina. Of course the US would now argue that no rape ever took place and proof of this was the acquittal of the principal accused, Lance Corporal Daniel Smith, by an appeals court which reversed an earlier conviction by a lower court. The acquittal of course was surrounded by questionable circumstances.

But beyond the verdict of the courts, what the Subic rape incident did was expose the lopsidedness of the RP-US Visiting Forces Agreement. The VFA, which was ratified by the Philippine Senate in 1999 (but not by the US Senate), sets the legal framework for the treatment of visiting US troops.

On November 1, 2005, a Filipina was allegedly raped inside a van and then left half-naked on the sidewalk in the former Subic US military base. Four visiting American soldiers were arrested. Their defense: only one of them engaged in consensual sex with the victim. The victim meanwhile said she was intoxicated and tried to resist the sexual advances of Smith. The other US soldiers cheered as the rape took place.

The Subic rape case triggered a controversial custody issue involving Smith, the US embassy and the Philippine government. While a Philippine court took jurisdiction over the rape case, Smith and his co-accused Staff Sergeant Chad Carpentier, Lance Corporal Keith Silkwood, and Lance Corporal Dominic Duplantis were placed under the custody of the US embassy in Manila because this was what the VFA supposedly mandated.

When a guilty verdict was issued by a Regional Trial Court, Smith was handed a life sentence and ordered detained at the Makati City Jail. His three other co-accused were acquitted and were immediately spirited out of the country back to Okinawa.