SHAMELESS

By Rina Jimenez-David
Philippine Daily Inquirer
First Posted 01:38:00 02/15/2009


HAVE we no shame as a nation? After the conviction for rape of American Lance Cpl. Daniel Smith by a lower court, and the issuance of a ruling by no less than the Supreme Court ordering the Philippine government to start negotiations for a new detention locale for the Marine, Smith remains in cozy comfort on US Embassy grounds, thumbing his nose at Filipino authorities.

Supporters of Nicole, the Filipina who went public with her complaint of rape against Smith and his comrades, thought the Supreme Court had given her an early Valentine’s gift when it ruled that confinement or detention of convicted US personnel should be done by “Philippine authorities.” On its face, this decision should have meant that Smith would be transferred soon from the American Embassy to a Philippine facility, to be decided by the Philippine government after talks with the Americans. Any agreement between the Philippine and American governments regarding Smith should cover only the issue of in which detention facility in the country Smith should be held, the decision noted. As far I know, the grounds of the US Embassy are not even considered Philippine territory. And though Philippine officials can visit the Marine to check if he is still within our borders, Filipino authorities certainly don’t exercise custodial power over him.

So why is Smith still in the US Embassy? And why aren’t Arroyo officials in no apparent hurry to start their negotiations with the Americans? In fact, Press Secretary Cerge Remonde has said Malacañang’s hands are tied, that their position is that Smith would remain where he is—inside his temporary quarters (a container van, the last I heard) on the embassy grounds until his conviction is upheld with finality by the Supreme Court. A position, we must note, that echoes faithfully those of Smith’s lawyers and representatives of the American government.

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TRUE, even recently-retired Associate Justice Adolfo Azcuna, who acted as ponente in the case that has become his valedictory, concedes that since the US government is not a party to the case, it cannot be compelled to negotiate Smith’s relocation. But going by the decision, the Philippine government is certainly compelled to re-open talks with the Americans on Smith’s transfer, to drag them to the negotiating table if necessary. Any self-respecting government would have then forthwith informed the other party of the tribunal’s decision, and used this to strongly argue that Smith be turned over to its custody.

What we’ve seen and heard instead is endless hand-wringing and whining from Filipino officials, with Malacañang preempting even the Americans regarding Smith’s whereabouts, sounding even more eager to keep Smith in the bosom of Kristie Kenney, without the Americans having to ask.

Remonde even reached the pits of sycophancy when he expressed hope that under President Barack Obama, the United States would soften its stance on keeping guard over Smith. The United States, he added wistfully, “may be more considerate about issues of sovereignty” now that Obama is in the White House.

But given how Remonde* and his colleagues in Malacañang have been falling over themselves doing the Americans’ bidding without any coercion or convincing, Obama may decide to just let things be. Even before the fight has begun, even before the first salvo has been fired, our side has already cried “Uncle (Sam).” Utterly shameless.

*Cerge Remonde, KGOR (?), is a Cebuano KOR member.