Daniel Smith Versus the Attorneys of Suzette Nicolas

The story gets worse as it continues. Yesterday, the Supreme Court of The Philippines ordered personnel in the Arroyo administration to explain Lance Corporal Smith's transfer from a Makati jail to a detention area at the US Embassy. This was in response to the petition from the lawyers of Suzette Nicolas. They want Smith re-arrested and brought back to the Makati jail.

They claim the move was unconstitutional because the Visiting Forces Agreement is unconstitutional. Really? Why did it take an international incident to bring it to light?

The attorneys for Suzette Nicolas make me incredibly ill, almost as ill as she herself makes me. They all got the conviction they so obviously wanted and yet they can't seem to leave him alone while waiting for the appeal process to be completed.

There are no words that I can use to describe the way I feel about these people and the people that support them. The nicest thing I can possibly call them are vultures. Never mind the belief I have that this was nothing more than a money grab in the first place. A money grab that more than likely has ruined the life of a young man who doesn't deserve it.

Excuse me while I take a few minutes to vomit.

Note: If the VFA is found to violate the Philippine Constitution and is struck down, the detention of a US citizen without any formal agreement between the two countries can be considered an act of war.

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Marcus on 2007-07-31 at 3:37 am (Reply)

RT,

I feel your pain,and this Marines'. I think all service members and the US Gov is watching this one closely. It is such a miscarriage of Justice and truly points out how corrupt to the core the PI justice system is. The Gov in the person of the President know its a sham, but she is limited as to what she can do. But the people of Manila have always been anti US mil, but Olongapo would love to have us back that's the difference. They say this is the first case out of 3000 rape cases filed in the PI against US Mil to go to trial, Yet,let's see, fake rape scams and underage rape scams are the fastest grow problem in Manila and Angeles City. The NBP and PI Gov know this and the US gov is beating them on the head about this. I think if the case is upheld and the guy ends up in PI prison, it will be in every US newspaper and Larry King, and BOOM there goes all military and financial support to the PI. The PI will be treated like Cuba. And that trully will be a said sad for all filipinos. Since filipinos are the only people who celibrate the US 4th of July Holiday. They truly love and wish to be Americans. Yet, their laws treat American's so shabaly when they visit there, while the US opens its doors to filipinos who want a better life (through marriage though) But I dare say, that too many in their government have done so much harm to the US PI relationship since 1992, that someday, the US will turn it's back on them completely.

RT Cunningham | Untwisted Vortex | Philippines on 2007-07-31 at 4:10 am (Reply)

I think most Americans are too complacent for anything to be done at all, really.
lawrence_patola on 2008-07-23 at 12:00 pm (Reply)

To Marcus-

Hey,let me cite some historical facts:

: We were a sovereign republic when you,
Americans, invaded us, killing hundreds of
thousands of Filipinos, treating us like
"Indian savages", pre-testing your Vietnam
atrocities in our land and people. You took
our freedom away from us at the expense of our
heroes;

: You used two of our bases as launching pads
for your unjust war in Vietnam;

: We fought your war against the Japanese;

: We fought your war against the North
Koreans;

: We helped legitimize your war in Iraq,

And now, you're raping our women after killing our children "being mistaken as pigs" while loitering near Clark and Subic.

It is you, Americans, who owe us. Not the other way around.

By the way, we now mark July 4 (Philippine-American Friendship Day) as a day of shame!

And rightfully so, after what you've done to us.
anonymous on 2008-07-28 at 4:52 pm (Reply)

Marcus, you are a racist, ill-mannered american who is ignorant of the law and international relations, so keep your stupid mouth shut. I am a Filipina and i never dreamed of becoming an american citizen and i never wished to marry an american.

Lange Pantoja on 2007-10-19 at 4:27 pm (Reply)

I think this is legally untennable. Any state has the right to enforce its sovereign power over non-citizens. In this case, when the state determines that a non-citizen has committed an act contrary to its laws, it has the right to enforce it… that's the general rule.

The VFA is rather a special law extended for the comfort of US personnel participating in military exercises. It is an express resignment of sovereign prerogatives whenever a non-citizen acts contrary to the laws of the sovereign state.

Thus, if deemed unconstitutional, the general principle is upheld… the sovereign state has every right to enforce its laws. It would be hard to justify that act as an act of war.

john cane on 2007-12-03 at 7:30 am (Reply)

RT & Marcus,

you two are truly racist, ethnocentric, ignorant fucks. how can you say that filipinos WANT to be American. HOW THE FUCK WOULD YOU KNOW that the rape isn't real. people like you make all Americans look like ignorant red necks, who support anything AMERICANS do, no matter how wrong it is. That girl was carried out of a bar unconscious and taken into a van by 4 marines. Then they left her on the street half naked. WHAT THE FUCK ABOUT that sounds consensual???? What if a filipino marine was stationed here and him and 3 of his fellow marines raped your sister or any of your female friends? would you be so quick to say that "filipino's won't do that to Americans, they love Americans. This rape MUST be fake."

please, you guys make me sick.

RT Cunningham | Untwisted Vortex | Philippines on 2007-12-03 at 1:37 pm (Reply)

Racist, ignorant? I'm married to a Filipina and I live in the Philippines. One of my sisters-in-law's husband, who works as a security guard at the freeport zone, was with another guard who happened to work at that club. That other person was PAID FOR A WITNESS STATEMENT by the attorney for Suzette.

You can curse and call names all you want, but there wasn't a rape in this story at all.

PJ on 2008-04-28 at 4:43 am (Reply)

I can give you justice ass hole you don't know aything about you saying first all you need to shut the fuck up maybe you are fucking gay, i can give you justice and second I can kill your fucking mouth

lawrence patola on 2008-07-23 at 11:40 am (Reply)

To PJ: Spoken like a typical, ill-mannered,
abrasive, arrogant, ugly American!

An American Living in the Philippines

Daniel Smith Versus the Attorneys of Suzette Nicolas