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November 7 - 13, 2005 | Volume 19 No. 45
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6 US MARINES HELD FOR RAPING FILIPINA


Subic Bay Freeport Zone, PHILIPPINES --- Six US Marines who took part in joint military exercises were barred from boarding their departing ship on November 3 after a 22-year-old Filipina accused the servicemen of raping her on All Saints’ Day.

The case is now widely considered as the first major test of the criminal justice provisions of the RP-US Visiting Forces Agreement.

US-based militant groups were quick to condemn the alleged rape, and called for immediate pullout of US troops in the Philippines.

Philippine authorities briefly delayed the departure of the US warship while searching for the suspects, said Zosimo Paredes, executive director of a government commission overseeing joint Philippine-US military exercises.

The US Embassy said the Marines “are currently in the Philippines under the responsibility of the US Embassy in Manila.”

The Philippine government immediately expressed concern over the alleged rape, which could provoke fierce condemnation from left-wing groups opposed to the presence of American troops for counterterrorism training with Filipino soldiers.

Foreign Affairs Secretary Alberto Romulo said he was “deeply concerned” about the allegations and that he would “support all efforts by our authorities to investigate, prosecute and try this case.”

“The perpetrators of this heinous crime shall be brought to justice,” Romulo said.

The US soldiers were charged with rape before the Olongapo City prosecutors office, accroding to an evening TV newscast.

The suspects have been identified as Kieth Silkwood, Daniel Smith, Albert Lara, Dominic Duplantis, Corey Barris, and Chad Capent, according to the same television report.

Paredes said the six Marines met the Filipino woman on Tuesday, November 1 in Subic Bay, a former US naval base that has been transformed into an industrial and recreational hub north of Manila.

The alleged victim was in a karaoke bar when she met the Americans who invited her to go with them in a rented van.

A few hours later, witnesses said they saw the woman being dumped unconscious from a van on a road, the SBMA said in a statement.

Subic Bay Metropolitan Authority (SBMA) Chair Feliciano Salonga said the woman “was hysterical ... without clothes on except a pair of panties.”

“It was obvious that she was intoxicated and incoherent,” he said. “We gave her a pair of pants to cover herself.”

The woman was taken to the James L. Gordon Memorial Hospital in nearby Olongapo City for a medico-legal examination. She narrated her story after regaining her faculties.

Salonga the six servicemen were “identified by the driver of the van.”

The US embassy said that both sides would work together to “determine the facts of the case,” adding that the US government would “fully cooperate with the Philippine authorities in the investigation of this incident.”

The suspects were strictly ordered to stay in the country to answer the charges against them, the SBMA said.

“[They] are currently in the Philippines under the responsibility of the US embassy in Manila,” US charge d’ affaires Paul Jones said in a statement.

But Jones, who has just met at the Department of Foreign Affairs with Philippines officials, refused to disclose the whereabouts of the servicemen.

“I cannot comment exactly on where they are now,” he said when asked, adding that the accused would be made available to Philippine authorities.

“They are innocent until proven guilty, but if they are found guilty, we find this an outrageous crime,” Jones said. “We want to extend our condolence to the victim and the family.”

Paredes, who earlier said the suspects were in Philippine custody, clarified that while the US has physical custody of the suspects, the Philippines has constructive custody.

The suspects, who are among the 4,000 to 4,500 US servicemen here for the Talon exercises since several weeks ago, are subject to a visiting forces agreement (VFA) that provides special legal protection for actions taken as part of the wargames but provides less protection for crimes committed while on leave.

“The US will strictly adhere to the provisions of the VFA, and will cooperate closely with Philippine authorities to ensure this case is handled fairly and that justice is done,” the embassy statement said.

It cited a “mechanism” in the VFA which provides for “US and Filipino authorities to work together to determine the facts of the case and to ensure that the accused individuals are available to both Filipino and US investigators since the allegations would be crimes under both Filipino and US law.”

But Berna Ellorin, BAYAN USA spokesman, said that “all efforts must be exerted by both the US and Philippine authorities for a full investigation of the alleged perpetrators.”

“Absolutely no immunity must be granted to the six suspects under US jurisdiction. They must surrender to Philippine jurisdiction be tried and be held accountable to the Filipino people and its legal system. The Macapagal-Arroyo government, if it is one with its people, must facilitate such a due process. Anything else is not justice,” she said.

Militant groups say that before the bases were closed, there were 52 cases of rape, physical and sexual abuse committed against young women and children in areas surrounding the bases but that not a single American soldier had been arrested and convicted of the offenses.

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Judge upholds PIDCI election
By Ricky Rillera



NEW YORK --- When the judge spoke, raised her gavel and hit the wood block on top of her large desk, everyone in the courtroom knew the meeting was over.

After a month of speculation and suspense surrounding the Philippine Independence Day Council, Inc. (PIDCI) election held on October 1, Justice Jane Solomon of the New York State Supreme Court upheld the results of the hotly contested election.

In her decision, Justice Solomon declared: “The results of the election should be publicly tabulated and broadcast and victors installed. The copies of the secured membership applications should be reviewed with a view toward transparency in the future.”

Justice Solomon’s order, which was handed down October 31 during a court-mandated meeting between the lawyers of plaintiffs Ludivina de Asis-Hughes and the six candidates under her slate and defendant PIDCI, also instructed PIDCI that “the new board should review challenged memberships and make a plan for future public challenges well in advance of next election to avoid dispute like this one.”

PIDCI was represented by Tristan C. Loanzon while Hughes had Benjamin Choi as her counsel.

Hughes and her running mates had earlier filed a preliminary injunction and temporary restraining order to stop the election of PIDCI, alleging membership admission irregularities. Named defendants were the PIDCI, its president and 10 John Does.

However, a day before the election was to be held, Justice Solomon ruled the election to proceed as scheduled but instructed PIDCI to withhold the proclamation of winners.

Following the judge ruling on October 31, PIDCI president Nimia Lacebal called on Dr. Ben Ileto, outgoing director and chair of the election committee, to proclaim the election winners immediately.

Isagani C. Puertollano, won the presidency with 116 votes against Hughes 92, Four of his running mates were voted as board members: Francis Sison received 150 votes; Gillberg ,123 votes; Castillo, 101; and Versoza, 98.

The other two winning board members are from Hughes’ camp: Dr. Baby Bleza, who received 108 votes, and Lita Pena, 99.

In a simple ceremony on November 1 at the lobby of the Philippine Center on Fifth Avenue, Ileto re-read Justice Solomon’s ruling and said: “Now we come to the closure of this momentous event and hereby declare the winners of the October 1 election.”

All winning candidates except for Angelita Pena took their oath office conducted by Lacebal, outgoing president.

Meanwhile, Bleza said that Hughes and her running mates are planning something else. When asked what it was, she declined to comment but said: “I only heard this talk and I don’t understand all the legalese among lawyers.”

Bleza, who was also a 2005 director and treasurer, said she was asked by Lacebal to “step down voluntarily” due to a direct conflict of interest. In a letter to Bleza obtained by The Filipino Express, Lacebal wrote: “[P]ursuant to your fiduciary duties to the Corporation, your current role as plaintiff in the litigation against PIDC, Inc. is contradictory to your role as a Board member and Treasurer of the Corporation.”

Bleza referred the letter to Benjamin Choi, her counsel, who responded instead to Reuben Seguritan, general counsel and former PIDCI president. Choi wrote that Bleza “refuses to resign” and added that he found it “highly inappropriate that the PIDCI would pressure my client to resign simply because she is a plaintiff.”

In his letter, which was also obtained by The Filipino Express, Seguritan directed his response to Emad Iskaros, the attorney of record of the plaintiffs. Seguritan explained to Iskaros the events leading to his conversations with Bleza. He said that he emphasized to Bleza that “I was not asking her to resign from the PIDCI board or to remove herself as plaintiff in this case.”

Seguritan wrote that as former PIDCI president, “my interest is in keeping the organization intact and mediating the differences among its leaders. This is why I refused to act as PIDCI’s attorney in this suit and advised the defendants to obtain the services of another lawyer. I specifically told Mr. Choi from the beginning that I was not representing PIDCI in the suit and even told him to communicate with the PIDCI counsel directly.”

Seguritan ended his letter with a request to “convey to your client the importance of maintaining harmony and keeping unity within the Filipino community. Being a community leader herself, I am sure she is aware of several pressing issues affecting minority groups such as ours.”

Seguritan emphasized in his letter to Iskaros that he trusted Bleza “to set her personal interests aside for the benefit of the greater good.”

In a telephone conversation, Bleza said she was “donating to PIDCI some money she received as a gift during her birthday celebration to keep this unfortunate event behind us and start anew towards a successful independence celebration.”

PIDCI has yet to name a successor to Puertollano who vacated his seat as board member. The new board will meet Monday, November 7, to elect the officers of the corporation.

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Fil Ams slam tough immigration policy
By Merpu P. Roa

New York City, NEW YORK --- The US government’s tougher immigration policy of “catch and return” announced by President Bush and Homeland security chief Michael Chertoff was met with disapproval by leaders, immigration lawyers and other members of the Filipino community.

“It violates the precepts of due process,” said Robert Roy, Executive Director of the not-for-profit group Philippine Forum.

“It will actually hurt the US economy,” said immigration lawyer Modesto Balajadia.

“Imagine what would happen to the US health care if many of the Filipino medical workers would return to the Philippines if the proposed policy is set in place?” asked Eva Bautista, CEO of Life Care Network, a Manhattan-based staffing agency.

On October 18, Chertoff announced during a meeting of the Senate judiciary committee that the new US immigration policy would be “catch and return” instead of “catch and release”.

On the same day, President Bush’s signed into law the $32 billion domestic security bill which essentially orders the arrest and deportation of illegal immigrants.

Roy of the Philippine Forum said this new policy places the new policy denies undocumented Filipino migrants their right to due process.

“It’s an unjust policy, it’s a lose-lose situation for Filipinos,” he said.

Roy said many Filipinos, even though out-of-status, pay their taxes religiously although they know they cannot claim any benefit or tax refund from it.

“They are not a burden to the economy. They are actually subsidizing social services here. And yet the Bush administration wants to deport them,” Roy said.

Roy said the US government should come up with a more humane and equitable program for undocumented migrants.

For his part, immigration lawyer Balajadia said a radical shift in the Bush government’s immigration policy would most surely hurt the US economy.

Balajadia, who is based in Staten Island, New York, said major disruptions in the services and construction sectors can happen if the government suddenly decides to haul illegal immigrants back to their respective countries.

“Just think of the tens of thousands of migrant workers who have no papers suddenly disappearing from restaurants, gardens and construction sites,” Balajadia said.

Because of this possible economic dislocation, Balajadia said Congress may end up not supporting the Chertoff proposal.

Bautista of Life Care Network said the proposal is going to create more problems for the US government.

“There is an acute shortage of medical workers right here, right now. And yet the US government is thinking of sending immigrants home,” she said.

“The ratio now is one is to fifty: A single nurse is taking care of 50 patients.”

She said she is hoping that the Bush administration would adopt a more sensible and practical approach to address the issue on illegal immigrants.

One undocumented Filipino, who requested anonymity, said he felt betrayed by the new policy, describing it as “ruthless”.

“I’m just trying to earn an honest buck to support my family back home,” says the undocumented Pinoy, who juggles two jobs at a deli and at a laundromat. “I pay my taxes. I don’t get anything in return. I am not asking for anything. Just let me earn a living.”

Balajadia said it “would be really tragic for the many Filipinos who are still paying off financial obligations they have incurred way back home.”

The US, he said, provides hope for many of our countrymen who are experiencing economic hardship in the Philippines.

“If this door is closed, I can only imagine the degree of impact this will make on our countrymen who are already here, and those who want to come here.”

Roy of the Philippine Forum said the US government must be reminded that migrant workers all over the world provided the much-needed workforce of the American economy.

But just because of its inability to effectively screen the entry of illegal migrants, those already inside and are vigorously pursuing their American dream are suddenly regarded as rats to be ferreted out. (Merpu P. Roa)

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Cory Aquino receives leadership award in NY
By Merpu P. Roa


New York City, NEW YORK --- Former Philippine President Corazon C. Aquino was awrded the David Rockefeller Bridging Leadership Awards for her role in steering her country from a dictatorship regime towards democracy. as well as her continuing efforts to help in reducing poverty through micro-credit.

“I receive this award in behalf of the Filipino people who showed the world that helping others can bring greater good to a community,” Mrs. Aquino said during the awards rites sponsored by the the New York City-based Synergos Institute held at the Waldorf Astoria Hotel on Wednesday, November 2.

Aquino was one of two awardees honored by Synergos. The other was James D. Wolfensohn, president of the World Bank Group in 1995-2005. He was also cited for his key role as Special Envoy for Gaza Disengagement.

Both were cited for their accomplishments in providing bridging leadership towards peace and economic development.

During the plenary discussion, Mrs. Aquino cited how Filipino doctors and nurses and other medical professionals are helping the medical services sector in the US.

“ I believe that if Filipino nurses in New York go onstrike, many hospitals would close down,” she said in jest, in explaining the need for interdependence of peoples in a globalizing world.

She told some 300 representatives from business, government and civil society organizations that as chairperson of the Benigno S. Aquino Jr. Foundation, she is able to continue to help her country’s poor, especially the women, by allowing them access to credit.

This way, she said, the women are able to help in raising money for their family’s needs.

Her David Rockefeller Bridging Leadership Awards is the latest addition to the numerous recognitions she has earned through the years.

Among her more prestigious award were: Time magazine’s Woman of the Year for 1986; the Martin Luther King, Jr. Non-Violent Peace Prize; the Noel Award for Political Leadership from the United NationsDevelopment Fund for Women; and the Ramon Magsaysay Award for International Understanding.

Asked later on how she would place the award in context of what’s happening in the country, Mrs. Aquino told The Filipino Express that she continues to be hopeful things would still be better for the Philippines.

“Hindi tayo dapat mawalan ng pag-asa, dahil may mga taong kumikilos upang matulungan an gating kapwa Pilipino (We should not lose hope, because there are people working to help their fellowmen),” she said in fluent Pilipino.

Synergos Institute is a non-government organization that develops effective sustainable and locally-rooted solutions to poverty and inequity by bridging social and economic divides.Based in New York, Synergos has about 40 staff which are distributed in Latin America and Southern Africa.

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