US embassy cable - 05MANILA5317

C O N F I D E N T I A L SECTION 01 OF 02 MANILA 005317 
 
SIPDIS 
 
STATE FOR EAP, EAP/MTS, EAP/MLS, AND L/EAP 
USPACOM ALSO FOR FPA HUSO 
SECDEF/OSD/ISA/AP FOR ALLEN 
 
E.O. 12958: DECL: 11/14/2015 
TAGS: PREL, MARR, ASEC, PHUM, PGOV, PINS, KCRM, RP 
SUBJECT: PRESIDENT ARROYO AND FOREIGN SECRETARY ROMULO 
COMMENT ON SUBIC RAPE ALLEGATIONS 
 
REF: A. MANILA 5261 
     B. MANILA 5231 
     C. MANILA 5138 
 
Classified By: (U) Charge d'Affaires, a.i., Paul W. Jones 
for reasons 1.4(b) and (d). 
 
1.  (C) SUMMARY.  President Arroyo expressed appreciation to 
visiting EAP DAS Eric John and Charge Jones for USG 
cooperation in the investigation of six US Marines allegedly 
involved in the November 1 alleged rape of a Filipina in the 
Subic Bay Metropolitan Authority (SBMA), but warned of a 
political firestorm if the Marines left the country.  Charge 
said that to ensure continued close cooperation, both US and 
Filipino officials should avoid surprises, maintain control 
over comments to the press, and postpone any discussion of 
changes to custody or jurisdiction to allow the investigation 
to take its course.  All six Marines have hired local counsel 
and are preparing counter-affidavits for submission to the 
Olongapo City Prosecutor's Office on November 18.  Charge 
received assurances from Acting Foreign Secretary Seguis and 
Visiting Forces Agreement Commission (VFACOM) Executive 
Director Paredes that Philippine authorities will immediately 
provide Naval Criminal Investigative Service (NCIS) agents 
access to key witnesses in the case.  As the media debates 
whether or not the GRP should request custody of the accused 
Marines, the Filipino driver involved in the incident has 
publicly recanted his testimony alleging the Marines "gang 
raped" the victim.  We can expected continued emotional 
coverage of and reaction to developments in this case.  We 
will continue to work hard to ensure full and fair 
investigations, including by NCIS, to advance our shared 
interest in seeing justice prevail.  END SUMMARY. 
 
ARROYO WELCOMES US COOPERATION, BUT 
STRESSES MARINES SHOULD NOT LEAVE THE COUNTRY 
--------------------------------------------- 
 
2.  (C) During a November 11 meeting with President Gloria 
Macapagal Arroyo (septels), DAS John assured her that the USG 
viewed with great seriousness the alleged rape case involving 
six US Marines (reftels).  Arroyo highlighted the  great 
domestic interest in the case.  While expressing appreciation 
for US cooperation, she emphasized that Filipinos wanted 
assurances that the suspects would not leave the country. 
Charge assured President Arroyo and Foreign Secretary Romulo 
of continued US cooperation, noting that the United States 
had kept the Marines in country to be available to Filipino 
investigators.  He said that to ensure continued close 
cooperation, both US and Filipino officials should avoid 
surprises, maintain control over comments to the press, and 
postpone any discussion of changes to custody or jurisdiction 
to allow the investigation to take its course. 
 
3.  (C) In an earlier meeting the same day at the Department 
of Foreign Affairs (DFA), Foreign Secretary Romulo praised 
the Embassy's handling of the incident thus far, noting the 
Charge's outreach to the Senate and House Foreign Affairs 
Committee Chairmen, as well as SBMA officials.  Charge Jones 
emphasized the USG's commitment to following both the letter 
and the spirit of the Visiting Forces Agreement (VFA) and the 
necessity for continued close coordination between the two 
governments.  He stressed the importance of investigating the 
charges, including pursuing the NCIS investigation, and not 
dwelling on questions of custody and jurisdiction.  DAS John 
noted that the Embassy would serve as the USG point of 
contact dealing with the case.  The Charge expressed 
appreciation for the DFA's role thus far as the official GRP 
spokesman on the case and urged Romulo to ensure that the DFA 
continued to be the sole voice of the GRP on this matter. 
Romulo pledged continued close coordination with the Embassy, 
noting the Philippine Department of Justice (DoJ) would 
determine what legal steps the GRP had to pursue. 
 
LATEST DEVELOPMENTS 
------------------- 
 
4.  (SBU) All six Marines have now hired local counsel, who 
are preparing counter-affidavits for submission to the 
Olongapo City Prosecutor's Office on November 18.  They 
remain in US custody in Manila under JUSMAG supervision.  We 
have received no/no request from Philippine authorities for 
custody. 
 
FORMAL REQUEST FOR COOPERATION IN THE NCIS INVESTIGATION 
--------------------------------------------- ----------- 
 
5.  (SBU) Charge received assurances from Acting Foreign 
Secretary Seguis and Visiting Forces Agreement Commission 
 
SIPDIS 
(VFACOM) Executive Director Paredes that Philippine 
authorities will immediately provide Naval Criminal 
Investigative Service (NCIS) agents access to key witnesses 
in the case.  Paredes said he would personally arrange for 
NCIS investigators to interview the driver of the van. 
Embassy sent a diplomatic note to the DFA on November 14, 
formally requesting such access under Article V, paragraph 7, 
of the Visiting Forces Agreement (VFA).  NCIS separately 
wrote to the Philippine DOJ and the Olongapo City 
Prosecutor's Office reiterating its need to interview the key 
witnesses and other potential sources of information related 
to the case. 
 
MEDIA REACTION 
-------------- 
 
6.  (U) The November 11 editorial of the generally 
pro-Opposition "Philippine Daily Inquirer" criticized VFACOM 
Executive Director Paredes for his earlier comments that the 
VFA did not specifically require the accused Marines to 
remain in the country, saying he seemed to be siding with the 
Americans rather than defending the interests of Philippine 
citizens.  The editorial argued that, if the VFA was silent 
as to whether US servicemen accused of crimes should be kept 
in Philippines, the GRP should nonetheless ensure that the 
accused remained in the country until the conclusion of the 
investigation and trial.  The issue has generated numerous 
editorials and columns in the Philippine press.  Philippine 
Star publisher Max Soliven echoed the argument, saying it was 
not enough to make the accused Marines available during the 
preliminary investigation; they had to remain within the 
country so that they could be surrendered to the justice 
system once they were formally charged.  Constitutional 
expert and law professor Fr. Joaquin Bernas, on the other 
hand, noted in his column that Article V, paragraph 6, of the 
VFA does not oblige the USG to keep the accused Marines 
within Philippine territory. 
 
7.  (SBU) Vice President Noli De Castro interviewed the 
driver of the vehicle, Timoteo "Jun" Soriano y Laroga, during 
his popular AM radio show broadcast on November 12.  During 
the interview, Soriano claimed he had been coerced by SBMA 
officials into making his initial testimony accusing the 
Marines of "gang rape," and claiming that NCIS officials 
witnessed SBMA officials hitting him.  (Note:  NCIS officials 
did not witness such abuses or mistreatment.  End note.) 
 
8.  (U) In DAS John's and Charge Jones' press conference with 
national media the evening of November 11, John noted that 
the Embassy would serve as the conduit and speak for the USG 
on the Subic case, and referred questions about the issue to 
the Charge.  Charge Jones reiterated the USG's goal is "to 
allow the investigation to proceed, to establish the facts, 
and to make sure that justice is served."  He noted that 
under both the Philippine and US justice systems, the accused 
are innocent until proven guilty, and highlighted the 
benefits of joint exercises to the armed forces of both 
countries and the people of the Philippines. 
 
9.  (C) Comment: The Subic case has, predictably, touched a 
raw nerve in the Philippine psyche.  We can expect continued 
heightened media interest throughout the investigation and 
possible trial -- interest that will help shape the reaction 
of Philippine officials and politicians.  Thus far, however, 
the DFA and VFA Commission have acted responsibly, despite 
the turmoil. 
 
Visit Embassy Manila's Classified website: 
http://www.state.sgov.gov/p/eap/manila/index. cfm 
Jones