Smith Transfer ‘Another Meiring’?
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Subscribe: Philippines: GABRIELA Condemns CA’s Decision Approving Smith’s Transfer
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RELEASE OF SMITH: ABSOLUTE DISREGARD FOR THE JUDICIARY THE SUPREME COURT AND THE CONSTITUTION
The surreptitious release of Cpl. Daniel Smith, in the middle of the night at that, to the custody of the United States, despite pending litigation in Philippine courts, is not only a violation of the Constitution, but also a complete disregard and disrespect for the judicial branch including the Supreme Court. It is not only a contempt of court, but treachery that signals the complete breakdown of the rule of law.
Pres. Gloria Arroyo has submitted the custody issue to the jurisdiction of the judiciary by intervening in the Court of Appeals and arguing against Judge Pozon’s order. Not only is the Executive without the power to transfer a convict under the custody of the Regional Trial Court, but it is also estopped from doing the same since it submitted the issue to the judgment of the Court of Appeals, and ultimately the Supreme Court. The unilateral action by the Executive is courting a constitutional clash between two branches of government, should the Supreme Court uphold RTC Judge Pozon and order the Executive to confine Smith to the Makati City Jail or the New Bilibid Prisons. The US embassy is a foreign territory under international law, beyond the reach of any Supreme Court order.
Pres. Gloria Arroyo has again committed another culpable violation of the Constitution. Under Sec. 17 and Sec. 5, of Art. VII, 1987 Constitution the President is required to defend the Constitution and execute all laws faithfully.
Under Section 13 of the 1987 Constitution, anyone who commits a capital offense in the Philippines cannot post bail nor be released on recognizance, when the evidence of guilt is strong. Not only were the evidence strong against Smith, but they were sufficient to find him guilty beyond reasonable doubt. Allowing the accused to remain in US custody is releasing Smith on ‘recognizance’ to the US government, clearly not allowed under the Constitution. The Visiting Forces Agreement, or any treaty for that matter, cannot trump the 1987 Constitution.
The US will in fact be violating their obligations under the VFA if they continue exercising absolute custody over the accused as provided in Art. II (VFA):
Art. II It is the duty of the US personnel to respect the laws of the Republic of the Philippines x x x The US Government shall take all measures within its authority to ensure that this is done.
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December 30th, 2006 at 1:32 pm
Happy New Year, Dan!
December 31st, 2006 at 12:09 pm
Best Wishes for 2007 Daniel !!
Soon the charade will be over - and we will see you back in here the USA.
TOP HEADLINE IN 2007 :
- DANIEL SMITH RAPE CONVICTION OVERTURNED -
December 31st, 2006 at 8:08 pm
Daniel - I am keeping track of everything regarding this injustice brought upon you. I pray that someone will find out what is going on and make a decision that will allow you TRUE justice. Still curious as to where the jurors are - don’t they have trial by jury, honor the appeal process, have organization to any of the legal processes???
This can’t go on - the more the detain you the more foolish they look.
God Bless you Daniel - he is on your side.
Larry Pugh
January 1st, 2007 at 8:38 am
Daniel Smith was found guilty of rape. The justice system in the Philippines is different in the US. There are no jurors. Do more research than question the legal system of this country.
January 1st, 2007 at 2:54 pm
Yeah, it’s different alright!
January 2nd, 2007 at 1:36 am
What would the system have done to a native Philippino had he raped someone. Let the justice of one person decided their fate? Wow - what confiedence you have your justice system - certainly isn’t fair and balanced at all. An yes, Lisalt, I did research this - that is why I am trying to make my point. It is obvious that Judge Pozon was biased and
politically influence that any American, regardless of the crime/action, will pay dearly.
Just what are you looking for - what is it that you want. Want to see him lynched, shot, or what…….get your piece of flesh and be happy in retaliation against the Americans.
January 7th, 2007 at 4:53 am
just let you know that smith was convicted in the phillippines court ,unlike here in states if you convicted of rape you could go jail(registered as a sex offender),or got a light sentence,for first time sex offender,however in P.I. is way different they base there case in who seen it .and just reminder that before you travel anywhere in the world outside the states ,you ‘re not in the jurisdiction of american laws.one more thing dont say about retaliation ,what he did is wrong…he never get convicted coz his an american….he get what he deserved for raping somebody.
January 7th, 2007 at 7:44 am
Mr. Smith found guilty by raping a pilipino girl. However, I still question the Phil. justice system. And also, why all of sudden they are making such a big deal about it; and it’s all over the world because one filipino girl got rape by American Military. What about those women and young children are being rape/molested by their own people ? hah..you don’t hear about that nor seeing filipino protesters on the street do you?. maybe there’s no political agenda behind it. My point is what a bunch of hypocrites they are using this poor filipino girl for they’re own political agenda. They are using it againts the current president of the Philippines. Actually, Phil. President is doing the right thing. I think she’s doing a pretty good job compare to the previous President (what a joke). I’m glad Mr. Smith got turned over to the US custody. Let me tell you something Phil. prison is suck I know becuase my late father was a Phil. police detective and he put a lot of criminal in prison and I have a few relative that are lawyers and judges….I think thats the reason I don’t trust the Phil. justice…….I’m sure there’s few Philipino honest lawyer…maybe “ONE”……..
January 9th, 2007 at 11:42 pm
My name is Grace Santos and I am the one who organized the Justice for Smith - Justice for the Strangers. Dan is a good person with a forgiving heart. He is not holding any grudge againsts anybody. He is very positive that things are still going to be ok for him because he knows that God is watching over him. Please include Dan in your prayers. To all the people who supports him let us be more vigilant. If you have any questions with regards to the activities of Justice for Smith, kindly email us at JUSTICE_FOR_DAN@YAHOO.COM and JUSTICE4DAN@HOTMAIL.COM, you can also call or text us at 09179016592 and 09198353728.
We will appreciate all your support.
Let us keep on fighting for the real victim of the injustice, Lance Corporal Daniel Smith!
Thank you!
God bless!