CA staff charged over Subic rape case leak
MANILA, Philippines - A staff of a retired Court of Appeals justice is facing administrative charges for allegedly leaking the draft ruling on the acquittal of Subic rape case suspect, Lance Corporal Daniel Smith.
In a two-page resolution, the Supreme Court ordered the filing of an administrative complaint against Mateo Vitaliano de Asis Buenaluz, former legal staff of retired CA Associate Justice Agustin Dizon.
The Court referred the complaint against Buenaluz, now connected with the office of Justice Antonio Villamor, to the CA’s committee on ethics and special concerns for appropriate action.
The SC ruling said Buenaluz should be charged with simple neglect of duty for the improper release of the draft ponencia of Dizon, who retired on June 27, 2008, that acquitted Smith for the rape of a 23-year-old Filipina at the former US naval base in Subic in Olongapo City in 2005.
Dizon retired before his draft could be promulgated. The CA later on promulgated a decision drafted by Justice Monina Zenarosa acquitting Smith.
The Subic rape case had led to massive calls for the scrapping of the RP-US Visiting Forces of Agreement (VFA), which provides for the legal backbone of the annual Balikatan military exercises between the two countries.
Smith, who left the Philippines following his acquittal by the CA last April, was a participant of the Balikatan exercises.
Last April, the SC ordered CA Presiding Justice Conrado Vasquez Jr. to conduct a probe on the release of the draft ruling and to submit a report and recommendation within 90 days from receipt of records.
The SC issued the orders after finding merit in the petition filed by the women’s group Gabriela, former Senator Leticia Ramos-Shahani and lawyer Harry Roque seeking an investigation into the matter to determine the veracity of so-called recantation of the victim, identified in courts only as “Nicole," which virtually cleared Smith of rape. - GMANews.TV
In a two-page resolution, the Supreme Court ordered the filing of an administrative complaint against Mateo Vitaliano de Asis Buenaluz, former legal staff of retired CA Associate Justice Agustin Dizon.
The Court referred the complaint against Buenaluz, now connected with the office of Justice Antonio Villamor, to the CA’s committee on ethics and special concerns for appropriate action.
The SC ruling said Buenaluz should be charged with simple neglect of duty for the improper release of the draft ponencia of Dizon, who retired on June 27, 2008, that acquitted Smith for the rape of a 23-year-old Filipina at the former US naval base in Subic in Olongapo City in 2005.
Dizon retired before his draft could be promulgated. The CA later on promulgated a decision drafted by Justice Monina Zenarosa acquitting Smith.
The Subic rape case had led to massive calls for the scrapping of the RP-US Visiting Forces of Agreement (VFA), which provides for the legal backbone of the annual Balikatan military exercises between the two countries.
Smith, who left the Philippines following his acquittal by the CA last April, was a participant of the Balikatan exercises.
Last April, the SC ordered CA Presiding Justice Conrado Vasquez Jr. to conduct a probe on the release of the draft ruling and to submit a report and recommendation within 90 days from receipt of records.
The SC issued the orders after finding merit in the petition filed by the women’s group Gabriela, former Senator Leticia Ramos-Shahani and lawyer Harry Roque seeking an investigation into the matter to determine the veracity of so-called recantation of the victim, identified in courts only as “Nicole," which virtually cleared Smith of rape. - GMANews.TV
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