To Nicole's cheerleaders, better luck next time

To The Point
by Emil Jurado
Manila Standard Today
5 January 2007

Excerpts:

The Court of Appeals decision upholding the decision of Makati Regional Trial Court Judge Benjamin Pozon on Philippine jurisdiction over convicted rapist Lance Cpl. Daniel Smith, but at the same time saying that the custody issue has become moot and academic because Smith had since been transferred by the executive to US embassy custody, is Solomonic in some way.

At the same time, it pulled the rug from under those who claimed that it had raised constitutional issues, or that the executive officials who made the transfer possible could be held in contempt. Worse, that the President could be impeached for it.

To me, it seems that the appellate court wanted to play safe by riding on both horses. What is important, however, is that the Court of Appeals did not want to intervene in a purely diplomatic issue as a result of the country’s commitment to the Visiting Forces Agreement, and much more for the sake of national interest.

While those rooting for Nicole also saw the decision as their victory, the bottom line here per the Court of Appeals decision is that there are far bigger interests involved in this case than merely upholding Philippine jurisdiction over the convicted rapist. It is good enough for the executive department to see fit to comply with our international commitment which forms part of the law of the land. After all, failing to comply could make us into some sort of outcast, not only to the US but to the entire international community. Who would ever trust us again in our international commitments?

Yes, Nicole’s lawyers, the militants and the opposition will try to make the Smith case a political issue, especially so since this is an election year. But the people know better— the lack of national outrage proves this. To Nicole’s cheerleaders, I say better luck next time.