A look back at the Subic rape case

MANILA, Philippines – The celebrated Subic rape case that caused sharp political division in the Philippines had stood out among other VFA-related cases in the country. Lawyer Evalyn Ursua, the rape victim’s lawyer, had described the conviction of Lance Cpl. Daniel Smith as “precedent-setting." Experts were convinced the case could somehow prevent abuses by US servicemen coming to the Philippines. Smith was found guilty of rape on Dec. 4 and sentenced to 40 years in prison. The case has tested relations between the Philippines and the United States and challenged the validity of the VFA (the Visiting Forces Agreement), which governs the conduct of US troops in the Philippines. In the case of Smith, it would seem that justice has been served – albeit on appeal at the Supreme Court, following Philippine legal procedure. And that has been the problem, at least as far as Filipino supporters of Nicole are concerned. For them, it would seem that justice has been put on hold, for as long as Smith remains in custody of the US Embassy, under an agreement signed by Foreign Affairs Secretary Alberto Romulo and US Ambassador Kristie Kenney. On Wednesday (Feb. 11), the Supreme Court voided that agreement for not being in accordance with the VFA, the mutual defense agreement signed by the Philippines and the US in 1999. The court ruled that Smith be placed under Philippine custody. But in practical terms, the status quo remains because the court allowed Smith to remain at the embassy until the governments of both countries can cut a new deal on the details of Smith's turnover. GMA News Research has compiled court records and other materials on Smith’s trial. Below are the links to the documents of the celebrated Subic rape case: