The Supreme Court on Friday told the Makati regional trial court (RTC) and four US marines accused in the alleged rape of a 22-year-old Filipino woman in Subic last November 1 to respond to a petition filed by the complainant to declare as unconstitutional a Visiting Forces Agreement (VFA) provision that requires cases relating to visiting American troops be resolved within one year.

In a one-page en banc resolution, the Supreme Court ordered Makati RTC branch 139 judge Benjamin Pozon, who is presiding over the case, and the four US marines – Lance Corporals Daniel Smith, Dominic Duplantis and Keith Silkwood and Staff Sergeant Chad Carpentier – to submit their comment within ten days.

Pozon had ruled that the one-year period for the Subic rape case would start on December 27, 2005 last year, the time the case was raffled off to Olongapo RTC Branch 73 Judge Renato Dilag.

In the petition filed June 19 through her lawyer Evalyn Ursua, “Nicole" (not her real name) also asked the high court to set aside the ruling issued by Pozon on May 15 junking the prosecution’s petition to declare as “unconstitutional" Paragraph 6 of Article 5 of the VFA which provides the automatic custody of the US government over the accused US Marines.

The victim cited that under the VFA provision, “the custody of any United States personnel over whom the Philippines is to exercise jurisdiction shall immediately reside with US military authorities, if they so request, from the commission of the offense until completion of all judicial proceedings."

According to the VFA provision: “In extraordinary cases, the Philippine government shall present its position to the US government regarding custody, which the US government shall take into full account. In the event Philippine judicial proceedings are not completed within one year, the US shall be relieved of any obligations under this paragraph." -GMANews.TV