THE CITIZEN ON MARS

The appearance before the Makati Regional Trial Court Branch 129 of the four American servicemen accused of raping a 22-year old Zamboangueña in Subic last November 1 is a huge step for the prosecution considering how it became a very thorny issue on whose custody the four accused servicemen be handed to. When I saw them drooping and toddling slowly towards the court’s premises, I felt like the Philippine justice system has gained enormous credibility points because for a while there, I would have almost expected local courts failing even just to summon the appearances of the accused Americans. For a third-world country like us, the American embassy could have easily harassed every bureaucrat there is just in order to delay or deny completely our court’s prerogative to indict and try the four accused. And with our government so hungry for American aid and assistance, it might have been easily done—and the whole rape case a done deal for that matter.

Now, the prosecution should not be celebrating too soon and should even work doubly harder for this is supposed to be not an ordinary case where judgment on the case should be handed down within a year, as prescribed by the Visiting Forces Agreement we have signed with the American government. In fact, they should always be on the lookout and anticipate every delaying tactics that may be unleashed by the defense and counter them effectively when they come.

Now, just when I thought we could trust and count on the prosecution to do their work well, it seems that the contrary is appertaining. There was a major hullabaloo when the prosecution opted and moved for the downgrading of the charges (from principals to mere accessories) against three of the four accused American servicemen. It could possibly be a prudent strategy since downgrading the charges on the information sheet (the complaint) often increases the chances of prosecution, since the evidence required thereat or the quality thereof would not be as exacting as in higher and more graver charges. Often in our courts, charges such as murder are downgraded to something like homicide when evidence of premeditation—which is always harder to establish—is not crystal clear. This way, the court may most probably render judgment against the accused and not be perturbed by that silent but very important legal dogma of demanding “proof beyond reasonable doubt”. In our legal system, there is this silent rule that judges always adhere to and that is, “it is better to set ten guilty men free than imprison one innocent man”. This means that judges always see to it that before sending an accused to long years in prison, they should make sure that the accuse is guilty 100%—or what we mean by “beyond reasonable doubt”; and the presence of doubt, even how miniscule it is, should lead the judge to render judgment in favor of the accused.

Justice Secretary Raul Gonzales was apparently adamant at having the charges downgraded for the three servicemen that the judge handling the case had to publicly rebuke him. The judge was right, even a cabinet secretary should not unduly interfere into the affairs of the court; otherwise its independence would be questioned.

In my mind, downgrading the charges from principal to accessory for other three American servicemen would be going too low. An accessory is one who has not induced the primarily accused to commit the crime and one who has not participated in the execution of the crime. In the case at hand, it is quite patent from the testimony of the driver (the one driving the moving van where the rape had occurred) and from the victim herself that the other three servicemen were very present while the rape was undergoing and was even shouting such egging words as “Go,go Smith!”. If this is not inducement, then I do not know what it is. And it would not be difficult to believe that somehow, the other three could have most probably assisted the guy named “Smith” in the execution of the rape, and if this could be proven later on, then they could be liable as principals.

For a much clearer idea of the law, please read the Revised Penal Code descriptions of persons criminally liable for felonies.