TFSR and the nation celebrate Nicole’s victory

Press Release
Task Force Subic Rape
Dec. 4, 2006

It is with deep pride and humility that the Task Force Subic Rape and the “Justice for Nicole Justice for the Nation” campaign join Nicole, her family and relatives, supporters and the entire nation in welcoming the decision of Judge Benjamin Pozon of the Makati Trial Court.

We believe that the Subic rape case is a landmark case for being the first that has come to trial in our country against U.S. servicemen, and for its importance in challenging the implementation of the Anti-rape Law in the furtherance of women’s rights. The case of Nicole has brought to light not only the issue of violence against women but also just as important the nature of the Visiting Forces Agreement or VFA.

The victory of Nicole is a victory for all Filipino women. It is as well a victory for the nation. From hereon, the VFA cannot be used to defend abusive conduct and behavior of any military person, man or woman, who transgress the laws of the land. Yet, in the same breath, for as long as the VFA is intact with its one-sided privileges given to the US military personnel, every woman who is abused by US military, would have to fight as hard as Nicole.

There will be other times and many more occasions to continue the struggle against the VFA. We will persevere in this. Nicole has won, and justice has been achieved for the entire nation. We as a people have shown that we are indeed sovereign. We want to thank Judge Pozon for his courage and belief in justice. In his decision, the people can gather hope again that indeed our justice system is the bearer of truth, which cannot be swayed by threats or any other political pressures. Thank you, Judge Pozon.

Nicole is a model of Filipino womanhood: courageous, unflinching in her principles, and one who should be emulated by all women who remain silenced in their pains. Justice can only be served once we all break out from the fears that envelop us. Violence against women cannot and will not be tolerated.

Nicole will move on, even how difficult it may be. Her victory must be made complete to the end until legal proceedings reach finality. TFSR will see to it that the justice she has claimed will not be taken away from her. Justice must be meted out not only to the convicted but even to those acquitted who were party to the crime. We collectively and individually will see to it that this victory remains a lesson and a guiding path for all women victims of sexual abuse.



  1. Jose Lopez said,

    December 4, 2006 at 7:32 pm

    Let us hope that Smith gets incarcerated in a Philippine prison as with other rapists like him in the Philippines. I fear that the appeal process might eventually lighten the 40 year sentence which should be served within the territory where the crime took place.

    Smith violated Philippine laws in Philippine territory with a Filipino victim … it is only right that he serves out his sentence in the Philippines. A Filipino guilty of the same crime in the U.S. would similarly have to submit himself to the mercy of U.S. courts and would have to serve his sentence in the same territory and jurisdiction where the crime was committed.

    SMITH’S status as a U.S. Marine SHOULD NOT render him immune to the soverignty of the Philippine justice system … regardless of VFA.

    I would like to see some “balls” and some assertion to Philippine soveriegnty. We can’t possible be the WIMPS that the international community already think we are.

    Besides, Lance Smith could take a good 40-year lesson on the meaning of “consensual sex” within the Philippine prison system.

  2. Justice Seeker said,

    December 4, 2006 at 8:05 pm

    What a complete travesty of justice! Guilty beyond a reasonable doubt because the judge doesn’t know why Nicole would lie? I can think of a whole list of reasons why.

    “We want to thank Judge Pozon for his courage and belief in justice. Despite the pressures mounted by the powers-that-be, he remained steadfast as an instrument of justice. In his decision, the people can gather hope again that indeed our justice system is the bearer of truth, which cannot be swayed by threats or any other political pressures. Thank you, Judge Pozon.” – It would be more honest if you would thank him for his cowerdice and lack of backbone, buckling under the pressures mounted by the special interest and women’s groups.

    “We collectively and individually will see to it that this victory remains a lesson and a guiding path for all women victims of sexual abuse.” – More likely, it will remain a lesson and a guiding path for all women seeking revenge or monetary reward from the evil American military.

    Can you hear the loud, gutteral cries from the family of an innocent young man who’s been convicted of a horrendous crime and sentenced to 40 years in a prison full of people who hate Americans? Well, it looks like you folks are all too happy to have gotten your American. It’s just a shame that our Dan is your country’s scapegoat. “Nicole” couldn’t have picked a nicer guy.

    Dan believed in your courts. I believed in your courts. I’m sad, just so terribly sad.

  3. Schumey said,

    December 4, 2006 at 11:49 pm

    Though I found the resolution short of my personal expectations, I am happy that justice had been served. My friends in Japan await the return of the three other servicemen. They are planning to stage a rally in Okinawa.

    I am disappointed however with some media outfits who showed Nicole’s face and even carried her real name in their reports. Human decency dictates that we should protect the identity and privacy of a rape victim. I condemn this outfits who in the name of ratings has compromised Nicole.

    I now pray for her peace of mind and I hope she can move on with her life. God bless you Nicole. I hope that this experience will make you better and stronger person.

  4. David Curtin said,

    December 5, 2006 at 1:27 am

    Now that justice for Nicole appears to have been served let’s hope that she continues to recieve the support of the Philippine people. I am disheartened by the unchallanged assumption that she has had her future ruined by this incident. What the future holds for her will not be determined by the jailing of the perpetrator but more by the ongoing reaction of Filipinos themselves. An evil deed perpetrated upon her should not be allowed to define her as “despoiled” and limit her future. I hope the Philippine people who take justified pride in this victory over colonial attitudes will reflect upon their own prejudices and allow her to become the same woman she was on her way to becoming before this unfortunate event happened. Then Nicole will truly have the justice she deserves.

  5. Kat said,

    December 5, 2006 at 4:29 am

    I am an American rape counselor who worked in the Philippines from 2002-2004, and I have been following the case with great interest. Nicole and her supporters have all of my best wishes, and I hope that the outcome of this case will help her to heal and move forward with her life.

    I have many friends in the US military, and the behavior of Daniel Smith is a disgrace to them and to our country. He deserves to be punished for his crime. I love the Philippines, like many other Americans who have spent time there, and it would be a shame to have our welcome in your country destroyed by the actions of a few people.

  6. fe nava said,

    December 5, 2006 at 7:32 am

    i feel sad for smith, i feel sadder for “nicole”..i heard nicole’s interview over the radio this morning on the way to work, and one thing that struck me was i never sensed any tinge of “responsibility” in her statements and that saddens me. so far, the local media focused more on nicole and did not present fair coverage for the accused, and this i think emphasized more the public’s conception that nicole’s camp is not presenting the real story. you see, the more you play the “victim”, the more you’ll get “victimized”. nicole has to be able to rise above her situation, above herself. While she may indeed be the “victim” technically, she should be able to identify her role in what happened to her in subic, she has to own part of the responsibility. Making the accused pay should not be the end in itself. She has to face herself squarely in front of the mirror, in complete silence, away from the shouting in the streets and from her lawyers, and ask herself, “what was my role & responsibility?”. Otherwise, she’ll forever be the “victim”.

  7. gretchen said,

    December 5, 2006 at 7:33 am

    i salute for Nicole’s determination in pursuing the case…

  8. James Mancusi said,

    December 5, 2006 at 8:34 am

    I am an American citizen, and I am ashamed that any man could be convicted on solely circumstantial evidence. This is not about a bar-girl’s honor – it’s about a young mans LIFE. I never heard the questions arise about who this young woman’s moral history. I’ve heard other Filipinos say “what was a young woman doing in a bar in Subic if she wasn’t there to sell her body?
    I hope the man escapes the noose that had already been fastened around his neck – way before the “trial” began.

  9. against said,

    December 5, 2006 at 11:44 am

    anong nations celebrate?!?! wag lalahatin

  10. CrossFire said,

    December 5, 2006 at 3:28 pm

    I am posting here Art. V, section 6 of Visiting Forces Agreement for the sake of argument about interpreting when the custody of the United States personnel ends and when the Philippine authorities start to take custody of the US personnel.

    Visiting Forces Agreement
    Art. V: Criminal Jurisdiction
    Section: 6. The custody of any United States personnel over whom the Philippines is to exercise jurisdiction shall immediately reside with United States military authorities, if they so request, from the commission of the offense until completion of all judicial proceedings. United States military authorities shall, upon formal notification by the Philippine authorities and without delay, make such personnel available to those authorities in time for any investigative or judicial proceedings relating to the offense with which the person has been charged. In extraordinary cases, the Philippine Government shall present its position to the United States Government regarding custody, which the United States Government shall take into full account. In the event Philippine judicial proceedings are not completed within one year, the United States shall be relieved of any obligations under this paragraph. The one year period will not include the time necessary to appeal. Also, the one year period will not include any time during which scheduled trial procedures are delayed because United States authorities, after timely

    VFA Art. V, Sect. 6 mentioned that the custody shall reside under the US military authorities until completion of all judicial proceedings. The question here is the word ‘judicial proceedings” which is not clearly defined and can be interpreted in a different ways. To me the “udicial proceedings” is completed when Judge Benjamin Pozon declared LC Daniel Smith is guilty beyond reasonable doubt. The VFA article further mentioned that United States shall be relieved of any obligations under this paragraph in the event Philippine judicial proceedings are not completed within one year . It even mentioned that the one year period will not include the time necessary to appeal. In other words VFA Art. V, sect. 6 can be interpreted that the word “judicial proceedings” is completed when Judge Pozon convicted LC Smith as guilty on December 4, 2006.

    The victim here is Nicole and as long as the appeal is pending, her sentiment here should be considered that the penalty of putting LC Smith into prison is implemented at the time of his conviction. If the US Embassy will keep LC Smith into custody after he was convicted of rape by Judge Pozon, it seems that the US is not respecting the decision made by the lower court, as well as the Philippine government authority. What kind of justice deal is this? We are talking of justice being served here for a US personnel, who is no longer an accused, but a rape crime he is found guilty beyond reasonable that, and that should be respected by all authorities. We are now talking of justice being served by the crime he is found guilty. Unless otherwise the Philippine higher court found that there is something wrong with the lower court’s decision, then that is the only time that the US military authorities can get back their right to custody of their own personnel. However, during the process of appeal, which could take years and even decades, as long as the Philippine higher court does not see anything wrong with the lower court decision, I think the LC Dan Smith should still be under the custody of the Philippines.

  11. thomas said,

    December 5, 2006 at 5:21 pm

    justice was not served in this case. it is just another overwhelming support of extortion of an american. there was no evidense to show beyond a reasonable doubt. the judge refused to allow the recanting of two of it’s witnesses. and a third’s testamony could not pinpoint how many drinks she was served that night. her story kept changing and was so full of holes you could drive a truck through it. it’s all about saveing face, getting money, and has nothing to do with justice. saving face at his expense both in money and time. another black mark for the philippines.

  12. bai shen hui said,

    December 5, 2006 at 5:22 pm

    I have been anticipating for the verdict of the Subic Rape Case since the start of it. But on that day, December 4, 2006, it was one of the most horrible days in the Philippine history I suppose… including mine. I hurried home from my class just to listen to the live judgment on TV. As the officer-in-charge was reading Judge Pozon’s verdict, I knew he was on the prosecution side. And it really disappointed me. Yes, I am Pro-“Smith”. The very first time I heard of this case, I already believed that Smith is not guilty of whatever accusations this “Nicole” is throwing on him. Why? Simply because consensual sex between a US Marine and a Filipina is “normal” especially on a place like Subic (ever wonder of the left off Amerasians?) and more especially after having a good time in a club. “Normal” in the sense that most Filipino women flock there and mingle with these US Marines for so many reason at all. One may include prostitution that is sex with pay, and anyone who has knowledge of this situation would really agree. I am not saying Nicole is there for prostitution, I don’t know her. But what was her main reason of going there? Having fun. Talking about morality and decency, is it rightful for a woman to go there and socialize with too many men and get drunk and dance with them? Not to mention drinking too many kinds of alcohol. Her mother should have scolded her of doing so in the very first place. Intoxication and libido – worst words I heard on that “judgement day”. Being intoxicated is already the responsibility of the person being intoxicated. For a woman, immorality again. Smith could have abused her being “intoxicated” but the use of the term, libido, both of them had it. In short, I believe the sexual intercourse was really consensual. The contusions? This is how I see it; they were riding on a van, and having sex at the rear most would be really “difficult” and motion is restricted since the space is too small. As they were both performing the “act”, they could have hit hard those body parts that caused them to bruise. Dumped like a pig? I believe this is overstated just to look more pathetic. The US Marines also have a curfew so they had to leave before the time yet I accept as true that she was left in a better manner than of a “pig dumped”. If she were seen almost naked, well, that could have been the start of her plans to open a case. Asked what could be the motives of Nicole to accuse them? I don’t know if she really wanted to be part of history. Or since she has raised this to the court and to the public, it would be shameful of her to stop it especially that supporters are coming in. I don’t have much to say about her reasons of accusing these men, she knows better. Evidences are mere objects that would imply a happening but not necessarily stating facts. Witnesses are mere people who see the act but not entirely knowing the truth, sometimes misinterpret them, or for some, add and scrap stories. A trial’s should not be primarily based on the number of evidences shown or witnesses that have stood up. I have witnessed the final trial and it just really pissed me off when I saw her jump when it was announced that Smith be detained directly to the Makati City Jail. What kind of reaction was that?

    Since Lance Corporal Daniel John Smith case’s is pending with the Court of Appeals, I hope that his custody will be remained to the US as mandated at the Visiting Forces Agreement. I hope that this time, his case at the Court of Appeals will be reviewed carefully so that truth would prevail. I just feel so bad about his condition now. I salute all those in the US Embassy who in one way or another never left Smith alone and were always there for him. To Nicole, “God is really good.” and final judgment isn’t here on earth, but on the life after and even during the life span of a human being he/she can feel God’s punishments.
    As a democratic country, every citizen is entitled to his/her own opinion. And I am just writing what’s on my mind. Thinking loud. (i know this won’t be posted but at least whoever you are who made this, i just wanna let you know)

    Quoted from Nicole’s former prosecution head;
    “Inggrata (referring to Nicole). Noon pa man ay mga sinungaling na sila.” De Los Santos said in anger.
    What could have this implied?

  13. hannah said,

    December 5, 2006 at 5:48 pm

    I feel so sorry for Nichole she now has to live with a lie. She knows as well as i do, she wasnt to drunk to say no. Im sure she realizes what shes put him and his family through and she probebly feels horrible for it. She knows the reason why she made this case out to be what it is, and that reason is for her and her family to get over to the United States. Well now look Nichole, your still not here in the United States. I know your parents probebly presured you into making this situation into something it wasnt, and for that im sorry.

    Its still not over yet and God does know the truth and what ever happens, happens for a reason.

  14. Aldrin said,

    December 6, 2006 at 3:48 am

    Justice? What justice? Let’s be real here.

    Smith is no angel, but neither is Nicole. If Smith did commit such a crime, then let him be punished for it. But Nicole should not be glorified. Not at all. Y’all know what I mean…

    My opinion.

    P.S. Not all of the country rejoices. In fact, 95% of the people I’ve talked to would NOT rejoice. You should hear the intellectuals. ‘Cause unlike those who blindly sympathise with the girl, they’ve actually thought about their opinions.

    Again, my say.

  15. December 6, 2006 at 5:03 am

    >> I never heard the questions arise about who this young woman’s moral history.

    idiocy. even american jurisprudence does not accept that as of value in american rape trials.

    >> Being intoxicated is already the responsibility of the person being intoxicated. For a woman, immorality again. Smith could have abused her being “intoxicated” but the use of the term, libido, both of them had it.

    convict smith’s taking advantage of someone intoxicated and cannot fight him off is no different from convict smith’s tying someone down with duct tape and taking advantage of her immobility.

    bottomline — it was his responsibility NOT to rape her.

  16. Tina Yatco said,

    December 6, 2006 at 8:10 am

    “Nicole is a model of Filipino womanhood:” I bet she is!

    “courageous, unflinching in her principles, and one who should be emulated by all women who remain silenced in their pains.” Let us all go to bars where Sailors and marines hang out and get wasted… Emulate Nicole

    “Justice can only be served once we all break out from the fears that envelop us. Violence against women cannot and will not be tolerated.” What happened to Kris Aquino and Joey Marques again?

    I am happy for you Nicole but your victory is what considered as… PASANG AWA.

    I read on one of the post that Smith being a U.S. Marine does not give him lee way. So being a female gives you lee way? Is there a Men’s Rights Group? Good Job Nicole! See you here in the U.S.!

  17. December 6, 2006 at 9:44 am

    i am not happy for nicole!! i feel sorry for smith.he is the victim and not nicole..
    if you are a true filipina, you will never let yourself to be with those be honest
    i know you(nicole) have a purpose for this.
    iam a filipina and i have respect for my self.

    i know other people know what i mean

  18. Semper Fi said,

    December 6, 2006 at 9:52 am

    This goes out to a variety of people/organizations, but first I may I remind you who I am so you may better understand my comments below.

    As I have noted in previous comments buried deep in this blog in the “Nicole’s Online petition” segment that I am a retired US Marine, with 3 filipina daughters that permanently resides in the Philippines. I am familiar with the Philippine judicial process, as I have experienced it 1st hand. (Not surprising they to were false charges against me) I am familiar with Marines characters having been one for over 20 years and I am familiar with the Philippine culture, as I have been coming to the Philippines since the early 80’s. Anyway, the above is to let you know that I didn’t just spin my opinion(s) out of thin air.

    I have commented on numerous occasions in this blog mainly in the Online Petition segment using the name Semper Fi initially to try and raise awareness that it is Justice that everyone is seeking. (Meaning Justice has two sides) and I advocated that it’s NOT the Philippines against the US, which this sight and MANY people to this day think. The Philippine media with the help of the Nicole support groups made it a circus for a year in their drumming up Philippines against the United States analogy, to fuel the kababayan or (Pilipino National Pride, countrymen) approach in getting the verdict swayed to what they wanted no matter how they could get it. My initial point was that’s NOT how you arrive at Justice, but I found it pointless to continue commenting in this blog to people whom others and I considered to be racially prejudiced. So I watched things unfold, hoped and prayed that a fair and impartial verdict would come about. I did not think, (or maybe I hoped too much) and I don’t think the US Embassy Manila understood that the Kababayan (proud countrymen, Pilipino Pride) attitude would affect the decision by the judge. But it did! If you don’t think so then WAKE UP!

    So now I will go to the people I want to address my opinion to; if you don’t like my opinion, go to another page!

    1st, To the Family of L/Cpl Smith, don’t think for a second that the decision was based on a fair and impartial review of what happened that night! May God go with you and your son as you continue to seek an impartial judgment, and an impartial person to render that judgement with out conveniently over looking things when reaching such an important decision.

    To the other 3 Marines acquitted, good luck with your careers. I remind you that ASAP you need to get the details of what you have experienced in your ordeal to the right people so they can ONE figure out what really went on with you, and TWO, formulate some kind of plan on how to avoid what has happened to you over the past year, and what L/Cpl Smith may have to endure for the next 40 years. We do not want this to happen to another US armed servicemen.

    2nd, To the US Embassy Manila, L/Cpl Smith is in the WRONG FACILITY. How did that happen? Its pretty clear what the VFA says. Even the Philippine Justice secretary last night on TV noted “it must have been an oversight by the Judge” to temporarily confine Smith to Makati Regional Jail facility. Embassy, You make the big bucks to make important decisions and I can’t believe there was no dialog for “WHAT IF’S”. I also can’t believe you did not see the Kababayan craze developing during this past year! Start being more assertive in getting things done and stop misjudging the smiling faces here!

    3rd, Camp Smith Hawaii USA, Before you send US troops into this country again where all it takes is a Filipino national to point his or her finger at you to draw charges and a 40 YEAR CONVICTION, you need to do something else besides the VFA to protect them. If your people are telling you it was a fair, impartial, trial so everyone conveniently moves on to the next operation well I am telling you it was NOT. I was here prior, during and after the incident to observe the overall picture. With out going into great detail this is what makes me formulate these opinions. If you don’t believe what I say, bring in your own legal experts to review the legalities but also ask US military retiree’s who live here on what they live with on a daily basis. You have a recon, use it!

    4th, American’s, One of your United States Marine’s unjustly got 40 years in 3rd world prison on very questionable grounds. Stop being so buried in wasted time activities and find out what really happened in this country and do something even if it is just to write someone. Also note that if for some reason you plan to visit here, be careful! All it takes is a Filipino national to accuse you of what ever and your fiasco will begin!

    5th and lastly, Nicole, God will be the final judge in this escapade you have created!

    Semper Fi

  19. Crissaid said,

    December 6, 2006 at 10:32 am

    Absolutely right!Another Black Mark for the Filipinos!What happened last Monday was a clear scenario of sham and insufficient technicality of our judicial system.And what happened last Monday was a reconstruction of another degrading emblem of our race to the global world of bitter reputation and shameful slogan (Beware of the Filipinos!Beware of the Pickpockets!Justice is at their side).And what happened last Monday is that the Philippine constitution again tolerate and support the production to breed more Nicole-like persona to the country imparting to the masses that’s the right thing and the symbol of true Filipino women is like Nicole, the courage she have shown…but what if that symbol is not really it implies?I believe what the court did last Monday would multiply Nicole-like persona especially those in deprived living to take advantage more to visiting foreigners especially if they feel that the law is their ally.

  20. TK said,

    December 6, 2006 at 11:56 am

    three guys
    who did not stop a rape,
    who egged the rapist on,
    who treated the victim with extreme prejudice
    because of her race and gender



    and you call that Victory?

  21. Sad-Citizen said,

    December 6, 2006 at 3:27 pm

    My family and I express sadness for what happened to Smith, a very young man just starting to live his life, then he was robbed of this life. Though we feel equal sadness too for Nicole, because what happened to her is a scar for life. Both of them are responsible for what happened, both of them are precisely wrong from the very start. For Smith and his companions, they should not have “played around” because even if Nicole is a bar girl (or not) she is still a human being that should be respected. Having sex at the back of the car with three men cheering on is a devilish action to abhor. And leaving a lady half-naked in the street after having sex with her is such a blasphemous thing. On the other hand for Nicole, as an adult, she should be responsible for her actions, like she should know the limits of alcohol intake and what too much alcohol can lead to. And as people present in the bar that night said she was sleazy dancing, that action is like an entry point that she was “inviting.” It was called for. Personally, I would have wanted the four marines and the driver to go to prison for a few years, say five years and not 40. For Nicole, she should give social works by giving lectures to girls about her life’s experience and be an eye-opener. The Lord will do what He has to do. May Smith find peace of mind and heart amidst his life’s storms. May Nicole’s wounds be healed and that she continue to grow not as a victim or part of the stats but as a survivor. No one in this world is satisfied with the law. This is something that we live with everyday, a painful fact of life.

  22. Alessandra Castiliogne De La Torre said,

    December 6, 2006 at 4:43 pm

    Nicole was not raped – Why? When a lady goes inside the Club there are only two things in her mind.
    1. To enjoy family or friends company.
    2. To look for someone to meet and be friend.

    The question is when a Women started Drinking and getting tipsy. DOES SHE KNOWS OR DID HER MOTHER TAUGHT HER That GETTING DRUNK COULD LEAD TO SOMETHING ELSE INCLUDING:

    1.Behavior Change fueled by Alcohol (becoming gay and Game)
    2.When she drunk her first alcohol that night, She is aware that it will get her DRUNK if she keeps on drinking way up what she can take.
    3.When a lady is DRUNK, she CANT recognized what is yes and no.
    Therefore she is a willing DATE when she go with Lcpl. Smith and DRUNK and BE MARRY with him specially when a lady from a night club holds a mans hand, kissing, talking which is natural act to move on higher level of date by agreeing to have sex.


    THE WINNER: Not the Filipino People, The COMMUNIST won.

    What kind of example is this SSgt leading by cheering on the Marine?

    THE LESSON: This CASE WILL BE ANOTHER DATE RAPE case where future Filipino or Foreign guys go out search for a night out and get another Nicole.

  23. Romeo Julio Calzone said,

    December 6, 2006 at 4:46 pm

    Will the Philippines rape case affect your liberty?
    The verdict is in: A lance corporal with the 31st Marine Expeditionary Unit has been convicted of raping a Filipina during liberty in the Philippines on Nov. 1, 2005. Read the story.
    Do you think the verdict is fair? Will news of the verdict affect your liberty plans, or how you conduct yourself during a night on the town in a foreign country?
    Please, no personal attacks. Share your thoughts and the reasoning behind them.

    As someone who has lived in The Philippines for over 25 years, my advice to Active Duty Military is do not come here looking for sex.
    1. It is now a Violation under The UCMJ to visit places where sex is sold – Virtually every bar in The Philippines, sex is sold so stay out.

    2. “NEVER, EVER” pick up a freelancer from the mall, a bar, the street. This has been the golden rule here for decades because of set-ups. Smith picked up a freelancer & it got him 40 years.

    Visit The Philippines to see the beauty of the country & it’s people.

    Visit for sex & you risk your career and as happened to Smith, sometimes you risk your life.

  24. CrossFire said,

    December 6, 2006 at 5:17 pm


    9.11. The VFA is void on its face because it is grossly discriminatory and manifestly one-sided in favor of the American visiting forces and against the petitioners and all Filipino citizens similarly situated. Its provisions violate the guarantee of equal protection of the laws under Article III, section 1 of the 1987 Constitution and its net effect is to treat petitioners and all Filipino citizens as second-class citizens in their own country.

    9.12. The following provisions highlight the grossly unequal and manifestly discriminatory nature of the VFA:


    9.13. The VFA deprives Philippine courts of custody over members of the visiting forces in cases where Philippine courts exercise concurrent jurisdiction, custody being lodged with United States military authorities from commission of the offense until completion of all judicial procedings./35 The only undertaking the United States military authorities makes under the VFA is to make these personnel available to Philippine courts, upon request by the latter. The VFA, however, relieves the United States of this obligation if the proceedings are not completed within one(1)year./36

    9.14. This provision is grossly discriminatory and highly arbitrary. On its face, it gives special treatment to erring members of the visiting forces who may violate Philippine law. It extends to American visiting forces a privilege that the Philippines does not even extend to its own citizens.

    9.15. The exemption from custody is a benefit that Philippine courts do not extend to Filipino citizens. All persons within the country are subject to the reach of judicial processes, including the processes which call for the court to take physical custody of a person such as a warrant of arrest or a commitment order. Article V of the VFA changes this rule in favor of the American visiting forces.


    9.15.2. Under the VFA, a Philippine court trying a member of the visiting forces would not be at liberty to subject the accused to its processes. It would be at the mercy of the United States military authorities as the person charged would be in the custody of the unspecified “United States military authorities” over whom the Philippine courts would have no control.

    9.15.3. Under existing law and procedure, Filipino citizens who are charged with crime are not extended this guarantee by the courts. Consequently, where the VFA guarantees this to American visiting forces, it is grossly violative of equal protection.

    9.15.4. Concretely, a Filipino and a member of the visiting forces charged with a non-bailable offense, for instance rape, would be treated differently by Philippine courts. The Filipino would be subject to all the court processes; thus, he may be arrested and detained, his house searched, his papers seized, and his liberty curtailed by a Philippine court. The American member of the visiting forces would be subject to none of these; he may not be arrested pursuant to any valid warrant of arrest issued by the court, his person and papers may not be searched pursuant to any valid search warrant issued by the court and he may not be confined anywhere else except the place chosen the United States military authorities.

    9.15.5. There is no reasonable difference between the two situations except that one offender is a Filipino while the other is American and the special treatment given to the latter arises only because the VFA allows it.

    9.16. The special treatment allowed by the one-year time bar is also highly discriminatory because a Philippine court will be forced to give undue priority and attention to trials involving members of the visiting forces, to the detriment of the right to speedy trial of Filipino offenders.

    9.16.1. This is because Article V, section 6 of the VFA relieves the United States military authorities of any obligations to take custody over these erring personnel and to make them available to Philippine authorities if the proceedings are not completed within one(1) year.

    9.16.2.Thus, a Philippine court must complete all criminal proceedings against members of the visiting forces charged with crimes within one91) year or face the consequence of relieving the United States of all its obligations to take custody of these erring personnel and make them available to the courts. This gives special treatment to erring members of the visiting forces charged with the same crimes as Filipino offenders because the courts will be forced to give priority to cases involving the members of the visiting forces and deprive Filipino offenders of the same right.

    9.17. The special treatment also effectively makes it impossible for Philippine courts determine the guilt of an erring member of the American visiting forces as all that the accused needs to do would be to elevate legal and/or constitutional issues before the Supreme Court to delay the proceedings. The VFA deducts from the one-year period the time needed to appeal and delay caused by failure of the United States to arrange for the presence of the accused, despite notice, but it does not deduct from the period the time it takes to raise constitutional or legal issues before any appellate court. Moreover, the VFA does not impose a similar period on the appelate courts to decide.

  25. John said,

    December 6, 2006 at 5:47 pm

    This is my opinion on Nicole’s case….

    I may never know her and the facts that i got are only from the media. Heard some testimonials from her friends and family about who she is and stuff like that. But as what I could see and hear, I can somewhat build up a picture on what could have happened that night where the incident took place. For me I think it was not a “rape” that happened to her. I think she was a victim of her own actions… and i dont mean that the result was, she being raped by the US marine, but was being treated as a “ho” or a “FUBU – fuck buddy” (1 night pleasure). And in my opinion, after this incident that happened to her (refering to the sexual act that happened in the van) she was dumped along the roadside with virtually nothing on her. And to add insult to injury, someone saw her and maybe, just maybe, there might be an instance in that moment, where she felt that she was treated like that would come up an alibi and tell that person that she was “raped”.

    Holding on to her testimony as the case gets bigger and bigger, the media, and reaching an international level. Supports coming in on both directions. If you would ask yourself, do you want to reverse your testimony and the result would be a lifetime of embarassment and not to mention the critical and vulnerable ties with the Phil. and the US. Or you would stick with what you have said and telling yoursel “He deserves this one for treating me like a “ho” and garbage that night”?

    But… this is my opinion guys. I have nothing against Nicole nor the US Marines. And I am a filipino. This case is like a thousand puzzle piece which could take time to be solved and to know what really happened that night.

    All I have to say is I am happy for Nicole that justice has been served for her. At the same time I am sad for that poor guy as he has to undergo all that embarassment, not only for his family but for his country.

  26. CrossFire said,

    December 6, 2006 at 7:03 pm

    To Tina Yatco:

    You think it is Pasang Awa and Smith didn’t have much leeway? Nicole fought this case in the court with only 2 attorneys on her side, the other 3 which is supposed to be on her side, gave much leeway to the defense by assigning an inexperienced attoney, who had not attended the hearing regulary to cross-examin Smith, and all he did in cross-examining Smith was reiterated what Smith said. In addition, the public Prosecutors opted not to go with the rebuttal because they think it was not necessary since they believed they made a strong case already. What about Tinmoteo Soriano Jr., the driver of the Starex van, who was scared of making his statement for fear of self-incriminating himself? I guess if he made his statement in the court that could pin down all the 4 US Marines as guilty.

  27. Isis said,

    December 7, 2006 at 1:35 am

    I just found out about this case by visiting I am an American woman who is totally in support of Nicole. We haven’t heard a word about this in the U.S. Who is this Lance Smith person? Where is he from? Post this information the same way that Nicole’s persecutors have posted hers.

  28. odnarbz said,

    December 7, 2006 at 3:24 am

    Congratulations to Nicole and the task force subic rape. You won your case. Now its time to move on.

    Nicole’s allegations has been vindicated by the judge’s decision.

    Daniel Smith of course can appeal the case. That is his right.

    Nicole should not be punished for what happened to her. I think the conviction of Smith has sent this message loud and clear.

    But Nicole should bear the stigma openly.

    She should come out of hiding.

    If she honestly believes that she had no responsibility whatsover to the event that led to her being raped then why hide her name and face?

    The man responsible has been convicted, there is no need to hide anymore.

    You won!!!

    Personally, I don’t know if the decision made was right or wrong. But if an victim is allowed to hide under a pseudonym, maybe the accused should also have the same privelege.

    Even if Smith was acquitted, his name and face will alway be remembered as that of an alleged rapist.

    In the interest of fairness and justice, I think nicole should come out openly in public and show her face and her real name.

    Winners don’t hide in the dark…

  29. worldlyman said,

    December 7, 2006 at 3:55 am

    I’m an American of Filipino descent and am as leftist as they come. There really should be no reason for the USA to have 380 military bases around the world in order to intimidate the rest of the world other than to maintain (read impose) a capitalist-oriented global economy.

    I am outraged over US military rapes and murders of women in places like Okinawa and Iraq…BUT this Smith-Nicole thing really smells fishy to me.

    We only get “Nicole’s” side of the story. We never see her face on TV. The Philippine news media such as GMA’s 24 Oras “congratulated” Nicole on her supposed victory. If only we can learn from this.

    Filipinas should know what they deal with when “entertaining” these possibily rapacious US troops…and accept their share of the consequences. But with this conviction of Smith, more and more Filipinas can realize the newfound camera-ops now presented to them and try to get more US servicemen convicted…after a few shots of cheap Tanduay and some San Miguel.

    Surely, USA go home.

    On the other hand, the Philippine government should stop acting like brown-nosing puppies and simply TELL THE USA TO GET OUT OF THEIR COUNTRY. The P.I. should really solve its own problems without the quasi-imperialist designs of the USA getting involved.

    Hopefully these stupid sensationalist stories from the Philippine media can diminish somewhat. It’s sort of sickening and embarassing to see this Pinoy gloating over Pacquaio and “Nicole”, victories over Mexico and the USA.

  30. Semper Fi said,

    December 7, 2006 at 7:16 am

    Correction………… My initial post is there now but as number 15. I closed the browser and reopened it a few minutes later and there it was. I see that the blog is showing both sides and take back “some of” the things mentioned in my previous comment. 18. Yes, I am on the defensive as not enough of it went on for the Marines. Thanks for being even in the posts!

    Semper Fi

  31. Crissaid said,

    December 7, 2006 at 11:07 am

    No! I call it bigotry…

  32. CrossFire said,

    December 7, 2006 at 2:56 pm

    I strongly believe that the VFA can not be implemented because I just found out that it is not considered a treaty as quoted on the following:

    9.10. THE UNITED STATES DOES NOT CONSIDER THE VFA A TREATY BUT SIMPLY AN EXECUTIVE AGREEMENT. This is its official position communicated by its Ambassador Thomas Hubbard. THE UNITED STATES’ REFUSAL TO CONSIDER THE VFA A TREATY, AS REQUIRED BY THE PHILIPPINE CONSTITUTION, VOIDS THE VFA AS IT BLATANTLY VIOLATES ARTICLE XVIII, SECTION 25 OF THE 1987 CONSTITUTION. MOREOVER, IT BARRED RESPONDENT SECRETARY OF FOREIGN AFFAIRS FROM ENTERING INTO A TREATY AND THE SENATE FROM VALIDLY GIVING ITS CONCURRENCE TO THE VFA AS THIS WOULD RESULT IN THE UNCONSTITUTIONAL PRESENCE OF FOREIGN MILITARY TROOPS ON PHILIPPINE SOIL. Clearly, when respondent Secretary of Foreign Affairs’ entered into the VFA and when the Senate concurred in its ratification, without requiring that the United States consider the VFA a treaty, both acted with grave abuse of discretion amounting to excess of jurisdiction. In the absence of a valid concurrence by the Senate, the VFA is itself invalid, or at best, inoperative.

    The above were taken from:

    Therefore, if it is not a treaty and BECAUSE IT BLATANTLY DISCRIMINATES AGAINST THE PETITIONERS, IN VIOLATION OF ARTICLE III, SECTION 1 OF THE 1987 PHILIPPINE CONSTITUTION, I believe that Nicole has every right not to allow the US Embassy to get the custody of Daniel Smith.

    I believe the Philippine Constitution would void and nullify the VFA, which is considered only as an Executive Agreement between the US and the Philippines. On the basis alone of treating everyone equal, which is the basis of our Philippine constitution, Nicole has all the rights to detain Daniel Smith in Philippine prison, pending the decision of Court of Appeals.

  33. jonald cata said,

    December 8, 2006 at 1:58 am

    i am a pure filipino citizen…but i am in the side of these poor navy men who were being acused of rape and imprison one of the navy(smith)….i am sad for these guys bec..the circumstances happened in subic is just a matter of flirtiness and sexually urges of nicloe…furhtermore nicole is the one who show motives of sexuality in the side of these guy…the circumstances happened is not a rape in the sense of evidences, witnesess and analysis it is a part of intimation of nicole to these 4 handsome men…nicole is a prostitute,flirt girl and a cancer of the societ she is not a good role model of filipino women…..the side of gabriela is to ambitious..why?bec…the are protecting the rigth of womesn(nicole)who is(are)not a good example of filipino women…im so sorry to say that nicole is the main reason of the fragile(broken) relationship of the US and Phil..the president shld face the thruth…the supreme court is to ambitious also….they dont know how to solve a thru case of rape….
    nicole your a flirty woman so i dont have to be your campny…i hate you sana nga nanahimik k n lng total nag-enjoy k namaqm..rigth?fuck..fuck…fuck im comin, is that correct????smith so sorry…you dont deserved to be imprison…its nicole’s all fault….

  34. carolina said,

    December 8, 2006 at 4:54 am

    An Open Letter to Nicole:

    I have been a silent observer of events surrounding the trial and while I outwardly kept an open mind, inside as a Filipina I tended to sympathize and lean more in your favor. However, certain comments you’ve made have bothered me and have led me to wonder, and now I feel I must say something to you through your supporters.

    First, you said this was all “part of God’s plan.” I’m really disturbed by that comment. God did not plan for you to get raped. God is not like that. He does not will bad things to happen to us. If your faith in Him is as strong as you claim, then you must know that God gives us all free will to make our decisions and choose our own actions. God plans only good things for us, but somehow along the way, sometimes we make ourselves victims of our own bad choices or the bad choices of others. God did not lead you to Neptune’s that night like an unknowing cow to the slaughterhouse, and God most certainly wasn’t behind the bar serving you all those drinks you consumed and urging you to drink yourself half-blind to please your so-called American friends.

    NO means NO, whether one is drunk or sober. I truly believe in that, but somehow, YOU must take some responsibility for your part in the events that led you to the terrible outcome, so stop laying the blame on God.

    Second, I feel bad about your comments that, when the Essex returned, you could have been enjoying yourself, again, with your so-called American friends. I thought that was a poor statement and found it offensive given the emotions and sensitivities your case had inspired. Most recently, I felt offended again that, after so many people have pulled together for you and rallied around you during these times, you are now thinking of just leaving, going abroad, and even jokingly (only half-jokingly, some might say) that maybe you can get a visa to go to the USA?

    Maybe you were just joking, but you should be — or at least those around you should counsel you to be — more careful about choosing your words and thinking before you act or say anything, because your comments make you seem insensitive, ungrateful for the support you’ve received, and only interested in a pity visa so you can find more American friends to party with. That may not have been your intention, but that’s how it’s come across to some of us.

    You have won a hard fight and now you must do something worthwhile with your victory, not leave the battle, abandon your supporters, and run away.

    I was conceived when my mother, who at the time was not much older than you are now, was raped by my American father. My mother was not at a bar, dancing or drinking. She was fresh in Manila, working hard to make a living to support her family in the province by working as my biological father’s maid. Unlike you, she was too poor, too uneducated, and inexperienced, and had no supporters so allow her to fight her case. And unlike you, she found herself with the added burden of a pregnancy as a result of that rape. Despite her terrible circumstances and the advice of supposedly well-meaning friends, she decided not to abort me, for which I will always be grateful. She believed we would survive.

    She didn’t run away to some remote province or disappear from the world, even though all of our relatives and most of her townspeople knew exactly what had happened to her. It wasn’t easy but we survived and have become stronger for the experience. We have lived in the same house for over 40 years where we had to deal with the funny looks, the gossip, the nasty stories (both whispered and openly stated) from the chismosas, the usiseras, the pakialameras who said that my mother must have been a bar girl who was left at the pier when her loverboy left for America.

    Because my mother had a deep faith in God, knew that He knew the truth, and was confident in knowing who she was and who she was not, she never gave in to those people and never felt she had to explain or defend herself. Instead, she chose to take up her cross and follow Him. She proved her accusers wrong by living a good, decent, and respectable life that no one could ever question. She was always honest with me about her situation and how I came to be, and she taught me to also try to live a life of example, quietly disproving anyone who charged me with the stereotype of being hot-blooded or atat because I was part American.

    I grew up and sought an education and have since taken every opportunity to work, mostly volunteering, to help even in some small way to advance women’s causes. With your education, knowledge, experience, and the connections you must have developed over this last year, YOU have a golden opportunity to give back to the many womens’ groups and supporters who stood by you and shielded you all throughout this ordeal.

    If you truly are firm in your belief in your righteous stand, then you have nothing to be ashamed of, nothing to explain, and no reason to go elsewhere to start over. YOU can do so much here, where you are needed, to help other women who are or who may find themselves in a situation similar to yours at the hands not only of foreign men but sadly those of our own. Just because their violators don’t have fair skin and don’t inspire the same drama that the men you have accused do, it doesn’t mean that their victims’ pain and suffering is less than yours.

    Do your part, Nicole. Make something good of your life. Create something beautiful out of your bad experience. Give something back, help, educate, comfort, stay, don’t just selfishly run away. Make better choices and abandon those actions or decisions that have led you this way. Help other young women make better decisions and learn from your experience so the same thing doesn’t happen to them. You have a role to play here.

    I have chosen to remain anonymous for my mother’s sake. She is much older now, has paid her dues, and deserves to be left in peace. I am a wife and expectant mother. I have always been honest with my husband about my background, and despite possible objections from his family because of my origins, he chose to stand by me and marry me. There will be such a man of courage out there for you, and you won’t need to leave our shores to find him.

    My mother had so much less than you, but then she was blessed with a strong faith in God and incredible courage, which allowed her to walk with her chin up and do her part by volunteering with me.

    Nicole, with all that you have, I challenge YOU to do the same.


  35. Tina Yatco said,

    December 8, 2006 at 4:37 pm

    Crossfire, I am sticking with my belief. How did she fought for her case? Iyak ng iyak and then accused the court of being one sided. Then she won right? So is the court still one sided? Not to her because she won. She treated it like a child game “Im loosing so you are cheating”. Cried herself to “victory”. What smith did was wrong. What nicole did was so saintly, so emaculate that she is glorified. Wow!
    VFA? When a filipino goes to prison in the U.S. how is he/she treated? Lot’s of tax payer’s money. How do they treat prisoners in the Philippines? I was born in muntinlupa.

  36. MARIA said,

    December 8, 2006 at 7:54 pm

    this blog is very scripted, it is all about the good sides of Nicole but i think intruders are more triumph than the sides of Nicole. intruders are invading this blog as we oberserve that there are more supporters for Smith than Nicole even as i said, this site is Nicoles’s blog. It is no true that the victory of Nicole is the victory of the Filipino people. The truth is the victory of Nicole shown her as a bad role model of all the Filipino women in our country because of the huge scandals and obtructions she craeted to the masses which had affected the moral values of our country. It is not true that the justice of Nicole is the justice of all Filipino people. The truth is the justice of Nicole favors kalandian, pag-kalasinngera at pag-kakaperahan. I think 95% favors to Smith while Nicole is only 5%. this is accurate.

  37. Melba said,

    December 9, 2006 at 2:25 am

    However you take the verdict, Smith was found guilty. Nicole won over Smith and he deserves to be convicted.

    And whatever Nicole and her lawyers plan to do in ensuring that justice is served, it is only appropriate for them to do so being the victim’s counsel.

    And Carolina, whatever your mother did with her life was her decision and maybe it did her well as you said it did. Nicole has her own life to live, and surely there are varied ways of coping with the trauma that she experienced and I hope YOU won’t insist on your opinion and of duplicating your mother’s experience on how Nicole choose to liver her life.

    For certainly, Nicole can always support women’s and other causes from wherever she choose to reside. In the meantime, let us allow her to heal the in best manner she feels possible.

  38. Melba said,

    December 9, 2006 at 2:33 am

    And Carolina please stop being too righteous. God looks beyond our limitations and certainly approves of our goodness.

    I can only how difficult it must be to be in your child’s position for not only do you have a myopic eye of blaming women victims you also have the penchant to dictate how one should live their lives in the guise of concern for the welfare of others when you cannot even comprehend how at the outset difficult it has been for the victim herself.

  39. Melba said,

    December 9, 2006 at 2:36 am

    Isang pagpupugay sa tibay, tatag, at tapang nina judge pozon, nicole, kanyang ina at mga kapatid, mga private prosecutors at mga taga suporta.

  40. December 9, 2006 at 4:14 am

    caroline, i admire the strength of women such as your mother and yourself.

    may your tribe increase.

  41. ian said,

    December 9, 2006 at 9:54 am

    smith is innocent i believe…is is nicole who should be blamed why she was raped..

  42. Yanig Toriyo said,

    December 9, 2006 at 3:11 pm


    I know you are totally busy with a lot of things. Since you have won and maybe all your worries are gone, take some time to read the postings here. You have probably have not read one posting in this forum. Some of them hurt some of them will make you feel good. But ignoring what is thought may be like ignoring some facts. It’s your freedom to stipulate if you are really raped or not. A lot of your supporters are looking up at you as a hero, a reborn saint. You know you are the only one who can forgive Smith. Pope JP has forgiven his attempted murderer. I know you can also. Nobody was in your mind during the time of the incident and nobody was in Smith’s mind. No one knows the whole exact truth but you and Smith. Please have time to read the world’s posting. It may crush it may enlightened you, it may help you. But the truth should be the only thing that should hurt you now, if there is such thing. God Bless you “Nicole”.


  43. TK said,

    December 9, 2006 at 9:56 pm

    Carolina, I hope you don’t mind, pero I believe that both your Mother and Nicole showed more strength and courage than Mr. smith and his gang bang wannabee friends (i.e. the Band of Losers) who left the country with their short and limpingly flaccid tails between their legs instead of insisting on staying here, as you aptly suggested, to help fight for US custody of Mr. smith. Although our jail cells are not manned by people trained in Abu Ghraib, it is still concievable that Mr. smith may be in a situation that Nicole had been in back in a moving ban in subic.

    What happened to “Leave no man behind” motto of the corps?


    Like your Mom, she has paid her dues.

    Like your Mom, she did play a role that YOU can be proud of (I assume even if “carolina” is just a pseudonym, babae ka talaga, right?)

    It takes strong faith to raise a beautiful child like you. A faith as strong as the one you need in going against the Military, Political, Legal might of the remaining World Superpower.

    The last, but not the least, similarity between WOMEN like your Mom and Nicole is this:


    NO ONE DESERVES RAPE… Even Mr. Smith

  44. YT said,

    December 10, 2006 at 3:19 pm

    Good articles here.

    I just want to ask Nicole or anybody who knows her to ask why is she still hiding behind the camera. Why wouldn’t she show her face. The truth is out, if the is the whole truth. She is said to be strong so why hide. Courageous people don’t hide. There is nothing to be ashamed about, now that it is proven she is the victim. Or is it? Everything is out in the public except for two things, your real name and your face. You can tell a lot of things from a person’s face. Sometimes you can see the truth from the person’s face, so why hide it. Or the truth is being hidden… If there is something to be hide, it’s smith’s face, smith’s name because he is the one who should be ashame of his wrong doing. FACE the MUSIC… Don’t let others face the music for you. Whose fight is this again to begin with?

  45. CrossFire said,

    December 10, 2006 at 9:29 pm

    Maria: I just want to correct your statistics in this blog. To be more accurate, out of 33 commentators, 52% are against Nicole, 33% in favor of Nikole, and 15% are neutral. However, this statistics does not necessarily reflect whose side is wrong and whose side is right. Some of the commentators here just participated to voice out their own opinion without getting all the facts. Quite a few of the commentators followed this case from the start, educating themselves and knowing the declaration of all the 23 witnesses that corroborate with Nicole, as opposed to one independent witness for the defense, plus the 4 US Marines who witnessed themselves among each other. The bottom line here, case is over and it has been decided by the lower court in favor of Nicole. Let us look forward for the decision of the Court of Appeals. Whatever legal documents that Judge Benjamin Pozon saw when he decided on this case, will be the same legal documents that the Court of Appeals will see.

  46. angel said,

    December 11, 2006 at 5:54 am

    to all of you out there, i’m asking this question, why not all filipino believe nicole that she was raped? take the case of the child that was rape by her father, the father was sentenced to death by lethal injection, all filipino rejoice when that happened, why because it was really true that she was raped, but what about nicole, why many does not believe her because there is a big question if she was really raped.50 % believe her 50 % does not believe her. for me maybe she was not raped why, a place like subic what do yopu expect people would think, anyway i’m not judging nicole but if you will analyze it, you will really think what is she dong there….for fun…..pleasure…..i dunno.even if your so drunk you would still know whats going on in your world, and if daniel smith force her she should have bruises and even the doctor who check her said that she was not force, maybe because she was dump like a pig according to her and somebody saw her that way, so as not to be embarassed she declared that she was raped,and smith even said that nicole helped her put the condom, gosh,i just hope the case will be open again and so the truth will come out.anyway god is not sleeping hes watching us all our moves and everything.i just hope that nicole is 100% percent happy. contented with the justice that was given to her

  47. carolina said,

    December 12, 2006 at 3:56 am

    To TK and the JESTER-IN EXILE:

    Thank you for your comments and I agree with you. The main point in my post was simply to try and encourage her to think about creating something good out of her misfortune—something better out of something bitter. Of course, you’re right that it’s her decision and her right to do whatever she wants…we all have that right. It’s only that, in my work and experiences I’ve seen far too many women who simply walk away (whether they’ve won their cases or not) and let their stories end there….leaving the world (especially if she’s someone who’s become as famous as Nicole) likely to remember them only as the woman who was raped and won (or didn’t) her case. The end. But to each his or her own.

    I agree that we all deal with whatever happens to us in our own way. Excuse me for being passionate about women’s issues–yes, babae nga ako, that’s why–and about women helping themselves and eachother to be stronger, but I guess I have too much of my mother’s strength and convictions in me. Still, I agree and your points are very well taken, especially about no one deserving of rape, and I appreciate the respectful and civilized way you countered some of my points.


    I would have respectfully agreed to disagree with you and left it at that, too, but you’ve chosen to escalate things by involving my unborn child in the debate and questioning what kind of mother I would be. Are your points that weak that you need to involve those who are too innocent and who can’t even type yet in order to bolster your arguments? You should be ashamed of yourself, especially after you, yourself, posted the following:

    “Melba said,
    November 10, 2006 at 12:38 pm

    Michael and Bryan, I find it amazing for you to tag anyone who is not your side as “bobo”. I find it pitiful that you immediately label people who oppose your arguments and think that you have the monopoly of intelligence.”

    Now you call me names, saying I’m “righteous” and “myopic” simply because I don’t agree with you? Talk about the palayok calling the kaserola black. Ganoon na lang ba ang ngitngit mo na hindi ka pa nakuntento sa mga post mo laban sa akin na sumulat ka pa ng pangatlong post kung saan pati yung sanggol na dala ko ay idadamay mo? Ano ba ang kinalaman niya dito? Ano bang positive point ang dala noon?

    OK, let’s see….I hate to be the one to tell you this , because you won’t believe me anyway, but all of us–including you–who are as passionate and about our opinions and convictions are righteous and myopic in our own way.

    Also, since you’ve insulted my capability as a mother, let me ask you—if you are or were a mother, would you honestly counsel your daughter that it’s OK to go to places of ill repute without expecting the possiblity of some trouble; that it’s OK to drink until you can’t see, stand, or even remember what happened; to lose your head because you’re with your friends; and that it’s OK to drink and dance provocatively with men you don’t know? Do you really suppose Nicole’s mother never counseled her about not doing those things? Do you suppose her mother never told her to be careful and mindful of her surroundings, to keep her wits about her, and to do the right thing always? I bet you she did, just as any good mother would.

    The world is a nasty place–go on and disagree with that, too–filled with male and female predators just looking for opportunities to take advantage of the weak and the weak-minded. Our children may or may not listen, but we cannot give up on them and on our responsibility to prepare them how to live in a world like that by keeping their wits about them, choose wisely, and think before taking action. And if that’s myopic, then I’m happy to be myopic. Guilty as charged.

    And yes, you’re right–see, even I can agree with you–that we all have our limitations, but what I hope to impart to my children is that while we have our limitations, it’s a part of our life’s goal to try and avoid temptations, to try and do the right things, and to try to rise above our limitations, not wallow in them. We have to at least TRY; no one is perfect, but we can’t keep using that as an excuse or a crutch.

    And How dare you presume that I don’t know what it’s like to be a victim? Growing up, how many nights do you suppose I fell asleep to the sound of my mother crying beside me, when she thought I’d already fallen asleep? How many times do you think I had to hold my tongue and my temper when I wanted to say something or slap anyone who maligned my mother or me for something I never even had anything to do with? How many times do you think I’d been embarrassed by classmates supposedly from “good” families, and even some of their parents, who said nasty things about me and my mother? How many times do you suppose I’d cried about that? And how many times–like now–do you think I said something back and stood up for myself and my mother? The difference is we chose not to simply be remembered and talked about as victims, or worse.

    How about you, Melba? What experiences have you had that has made you personally familiar with the plight of victims of the heinous act of rape? Do you think that only the women who are raped end up being victims of the crime, so you suppose I had no clear idea of what my mother went through? No, their families and true friends become victims as well, and not just once but over and over and over and over again. But I guess you already knew that, too, right?

    And as for me “having the penchant to tell people how to live their lives,” your telling me to butt off makes you just as guilty. You want me not to say things that I wrote in my first post because I don’t happen to share your worldview. You want everyone to think and feel the way you do, and anyone who doesn’t see it it your way or has some variation of your view is wrong, righteous, and myopic, and should just mind their own business. Again, as I said in my response to TK and Jester-in-Exile above, I agree with them and meant only to encourage to make something better out of something bitter. How dare you judge my motives when you don’t even know who the hell I am and what my own life experiences have been like. Talk about being righteous? Go look at yourself in the mirror.

    So go on, sige pa, insultuhin mo pa ako ulit, and while you’re at it, sige, pati na rin ang nanay ko at ang mga magiging apo ko isama mo na rin. Ipakita mo sa buong mundo kung anong uri kang tao…oh, but I forgot, you’ve already done that.

    I’ve had worse and heard worse, and I assure you that I can take it. I won’t run away and cry. Sanay na ako. But as for getting another reponse from me, huwag kang nang mabahala…you can say anything to your heart’s content and lob anything at me and mine…your personal insults contribute nothing positive to the debate and are, therefore, a serious waste of time, and I’ve got better things to do with mine.

  48. TK said,

    December 12, 2006 at 11:53 am

    Thanks for understanding our point. I have three kids. Wonderful daughters. I believe your point is you don’t want them to go to bars, drink and flirt with strangers. Right? I agree.

    That’s what I’ll teach them.

    I’ll also teach them to fight for the rights of those who get molested simply because they go to bars, drink and flirt around.

    The truth is, I’d like to see my daughters grow up to be strong, kick-ass, confident, intelligent, beautiful Filipinas who are proud of their heritage. Fighting for the downtrodden is a Filipina virtue. That’s why even though I sometimes disagree with Nicole’s supporters and admin of this blog/forum (muntik ko na silang murahin when they started censoring anti-nicole posts here) I still can’t help but admire these women of substance.

    Kaya Ikaw Melba, Mabuhay ka! kahit bwisit ka.:D

  49. December 12, 2006 at 1:12 pm

    “…your personal insults contribute nothing positive to the debate and are, therefore, a serious waste of time.”

    BRA-VO. couldn’t have concluded your forceful yet sensible post with anything better.

  50. Emily said,

    December 12, 2006 at 1:27 pm

    To Carolina;
    Salamat sa post mo. Nararamdaman ko na isa ka sa mga taong may mabuting kalooban. Na naging bunga ng mga karanasan sa buhay. At masaya ako para sa Mother mo, na syang naging inspirasyon mo para maging isang mabuting mamamayan.
    Pagpasensyahan mo na lang yan si Melba. Bulag at sarado ang utak nyan. Puno ng galit ang puso nyan, kaya sya bulag sa katotohanan. Dahil ang totoo, ay hindi kapani-paniwala ang ipinaglalaban nya na si Nicole. Naawa sya masyado kay Nicole, pero hindi sya naaawa sa sarili nya. Mas masarap talaga yung mabuhay ng simple at walang galit sa mundo.

  51. CrossFire said,

    December 12, 2006 at 2:54 pm

    Hoy Carolina at Melba, tumigil na kayo sa pag personalan ninyong dalawa. Ang issue dito ay ang kaso ni Nicole. Kaya kung maaari lang, huwag naman kayong mag personalan sa bawat isa. Parepareho tayong mga Pilipino, dapat naman mag turingan tayong parang mag kakapatid, hindi lang dito sa blog site na ito, kundi kahit saan pa man tayo naruruon.

    Let us stick with the real issue here. It has been decided by the lower court that Nicole was raped beyond reasonable doubt, there is nothing much we can do to convince Judge Pozon to reverse his decision. What we should look forward is if the Court of Appeals will reverse or agree with Judge Pozon’s decision. Another issue that we can discuss about is whether the VFA has the right to impose to get custody of L/Cpl. Daniel Smith while the case is on appeal. The defense attorney and the DoJ Secretary are agreeing with the US Embassy to get custody of Mr. Smith by reason of VFA Art. V, section 6.

    Comments below are not mine but taken from:

    Nicole’s lawyers are objecting to the US Marine’s transfer to the US Embassy arguing that doing so would be a violation of the Philippine Constitution.
    They are also arguing that judicial proceedings have already ended since Smith has already been convicted for the crime of rape and sentenced to 40 years imprisonment.
    “The Philippines has no obligation to turn over custody. We have the right to deny because this is a heinous crime, which is extraordinary or of particular importance,” Ursua explained.
    “What we want is for us to follow the rules of court and the law, not this treaty,” she said believing that they are the ones correctly interpreting the VFA.

    My own comments: The VFA is not even considered a treaty because it was not ratified by 2/3 majority of the US Senate and signed by the President of the United States. VFA is simply an executive agreement.

  52. emay said,

    December 13, 2006 at 3:31 am

    James Mancusi Post No. 8), If you are an american citizen but of Filipino descent, i would like to tell you -shame on you. How can you say ‘This is not about a bar-girl’s honor – it’s about a young mans LIFE.’? If Smits’s life is now in shamble, it is his own doing. Can you pls understand this well — A woman, even how immoral she is, does not deserve to be raped. Rape is sex without consent.

    This i can tell you – before you react to what people are saying, know the facts from fiction, so you could comment intellligently.

  53. emay said,

    December 13, 2006 at 3:43 am

    Sad-citizen (Post 21) -that is one of the best post, so far that i can recall about this case. You said it well.

  54. Melba said,

    December 13, 2006 at 5:24 am

    Mmmm. conflicting points coming from you Carolina. Nevertheless, points well-taken.

    I just wonder if my arguments did not contribute anything positive to you and is a serious waste of time, I wonder why you responded.

    Believe me, I understand your plight and that of your mother’s. I just cannot comprehend why you cannot empathize with other victims and why you insisted that they think the way you do in handling their own lives.

    You are angered by my comments now go read your own previous and I tell you it elicits the same response from others.

  55. Tina Yatco said,

    December 13, 2006 at 7:29 am

    Maria, a real quick question… Why should we believe Nicole? Read all the articles in the internet and see what you come up with. You are ask us why don’t we believe her. So tell us, why should we believe her? Just because she said it?

  56. December 13, 2006 at 9:37 am


    lest i lengthen this blog too much…

    my stand against many others’ (and some of yours’) contentions:

    we may disagree on some things (and agree that we disagree), but at the very least we’re not bleating sheep about it.

  57. mindNSoul said,

    December 13, 2006 at 11:36 am

    To Carolina, I am glad that your mother raised you well. You speak eloquently and have gotten your point across very well. From your statements, I sense that you are a very strong-willed person. I am glad that your mom raised you well… being able to stand up for yourself. Based on your comments, I’m sure you will be a great mom guiding your child in the future. What you said about trying not to be at places that “invites danger” makes sense. Of course, I also believe that even if you are in the wrong place NO ONE deserves to be raped… and I’m sure you believe that as well. So, for others who said that she deserves it… I have to disagree since each person deserves respect even if their “NO” happens at the end of the night… may they be naked or not. However, I think the sentence for 40 years is a bit much since I believe that both parties are also to blame. Each of us have lapses of judgement at times… Smith should have respected her wishes not to have sex and she could have avoided the situation as well. Both parties contributed… so I agree that Smith should be punished but 40 years is a long time when you consider that there is still doubt as to what really occurred. I am also a filipina, and every filipina knows that you try to avoid places where someone could potentially “pick you up” in a club in Subic and be mistaken for bar girl. However, that doesn’t give anyone the right to rape that woman if she happens to make the mistake of being there or flirting with a guy just for a night of adventure. If you flirted but somehow realized that you’ve made a mistake… the other person should respect your wish to “stop” any sexual advances. The problem is that both parties were drunk… that’s when everything gets blurry and it’s hard to convict on ‘beyond shadows of a doubt’. Also, I agree with Carolina that it will do more good if Nicole becomes a spokesperson for other women that has also been raped or afraid to say anything. But, if she is not up to that task… then, that is her prerogative. In the US, I see cases like these occur where women will dance very seductively in clubs because it makes them feel sexy. However, it doesn’t mean that they are ‘evil’ or anything. They are just expressing their sensuality… Some men see it as “leading them on”. So, they end up making unwanted sexual advances because they interpret the female’s sensual dance as a ‘mating call’. In some cases, that is the case (they come home with the woman)… but at times it becomes ‘date rape’…. that’s why I still maintain that if the woman says ‘NO’ even if she is naked… still doesn’t give anyone the right to rape her. In that sense, I believe that Smith should still be punished but just not 40 years because he is still a young guy who can learn from his mistake. Of course, I understand that Nicole had to endure so much with the rape and everyone berating her afterwards so I can understand why she would want the maximum penalty. In my mind though, I see both parties as being young and naive that they didn’t realize what would transpire that night… it’s a sad reality that because Nicole decided to go to the Subic bay bar, people will wonder if she was telling the truth… same thing for Smith, no one will know if he really raped Nicole or not but his career and reputation is ruined as well…. All because of one night of lack of better judgment on both parties.

  58. yda said,

    December 14, 2006 at 12:15 am

    sana kayo na lang ang mga naging jurors!

  59. Tina Yatco said,

    December 14, 2006 at 8:31 am

    Judge stated daw ” there should be no reason why nicole lie”. Of course there is a reason. If she lies and/or looses the case, then she will be labeled as a slut. Now that will stop the fiance (marine) from petitioning her. Kung galit nga pala mga supporter ni Nicole sa Mga kano and service member, magpapakasal pa rin ba si Nicole dito sa Marine Soldier na ito? Deng!

  60. mindNSoul said,

    December 14, 2006 at 8:31 am

    I just read jester-in-exile’s blog… it is quite informative and I agree with the points he’s made… Some of the reasons why “Nicole wasn’t raped” or “why people think she should be raped” was just ridiculous… Smith being handsome, Marines with high discipline, etc… none of those would ever be an “EXCUSE for rape” or harming another human being. It’s like saying that cuter people has more rights, richer people are higher class citizen, or people that have made mistakes should be condemned to hell… Ask yourself, how many times have you made a mistake in your life? Would you like that moment to be the determining factor in your life? Would you be OK being abused because of one wrong decision.

    So, to play devil’s advocate…

    As Smith:
    “What if Smith truly believed it was consensual?”… both were drunk remember… perceptions blur and people do stupid things when drunk.
    Or, what if he was truly setup (which I hope is not the case!), then how would you feel being convicted for 40 years for something that you didn’t commit?… What if, we are all victims of our own emotions and need someone to crucify? (think of mob mentality)… etc

    As Nicole:
    What if she was just at the bar to have fun? Hey, perhaps even meet a marine that could potentially care for her someday… People do things like that all the time… Is that so wrong? If she made a mistake of not protecting herself then, and then raped… then, why give her more pain and blame her? Nowadays, it’s very common to meet people from the internet or text mates… some people end up getting married while others are raped, or worse yet, murdered. Now, must we say that those people deserved to be raped/murdered for not being wise about how to meet someone? That’s ridiculous… No one yells at the others who happened to meet someone that was ‘nice’ in a bad setting… they just got lucky that they didn’t meet a rapist or a murderer.

    All I’m saying is that let’s not point fingers at either group of people since none of us truly know what happened or will ever know… Let’s just look at facts… if there is NO DOUBT in our minds that Smith committed rape, then he deserves 40 years of jail… but in my opinion, there are possibilities for misconception on his part… perhaps, mixed signal from Nicole due to her interest in him earlier in the evening, cultural differences could play a role in his misconception (In US, a one night stand is more common and not as frowned upon like in the Philippines… both parties agree to just have fun), and of course ‘alcohol’…

    Now, being “drunk” is not an excuse to rape someone nor is it acceptable to feign ignorance and say, “i’m sorry but i thought you wanted me to have sex with you”…. so I believe that Smith should still be punished but 40 years is excessive especially if he can learn to realize what he did wrong. Also, perhaps, if it is also his first offense… or there could have been confusion… if there is a doubt on the validity on any evidence, then one has to question if 40 years is justified…

    What I’m afraid of is people are starting to advocate “an eye for an eye”… but let’s remember what Gandhi said, “An eye for an eye makes the whole world blind”… Let us also remember that both parties are currently suffering from this and that no matter how it ends… each one carries it with them forever. I truly feel that in the end, no one really wins the case… both end up losing… just a matter of “how much each will suffer in the end”. So I believe that it’s good to reflect on each camp and play the devil’s advocate to understand … how this tragedy could have happened… and how to prevent it someday…

  61. Michael Dalid said,

    December 15, 2006 at 7:32 am

    Smith didn’t get a fair trial, Judge Pozon , you should be ashamed of yourself… The day that that decision was handed down by you was a disgraced to all Filipinos all over the world. Your cowardice is disgusting, you don ‘t deserve your position….

  62. Emily said,

    December 17, 2006 at 4:20 pm

    baka naman naghihintay din ng lagay yang si judge pozon, syempre President bush ba naman ang makialam, just wondering!

  63. eugine said,

    December 23, 2006 at 9:37 pm

    the decision of the s**pid judge benjamin pozon made the Communist-terrorists militants happy but not Filipino people in general.

  64. Mitchell Walker said,

    December 30, 2006 at 2:33 am


  65. TK said,

    December 31, 2006 at 2:52 am


    Mitch, that’s the most predictable twist in the world… a nobrainer.
    Nicole at TSFR, it’s not as bad as it looks. Remember, it could have been a LOT WORSE.

    Manigong Bagong Taon Po Sa Inyong Lahat Mula Sa Aming Pamilya!

  66. kat said,

    January 2, 2007 at 8:39 am

    I barely hear or see “Nicole” nowadays only her supporters–yeah, those who believe in her. Bakit lagi ang atty. niya ang nakikita ko? Can’t she speak for herself? ‘Wag lahatin, marami rin ang hindi naniniwala sa’yo “Nicole”.

  67. Snow Dawn said,

    January 3, 2007 at 5:16 pm

    Okay lang ang decision ni judge. I think he based it on evidence. kaya lang dapat malinaw sa publiko kung ano ang definition ng rape sa batas natin. Magulo kasi ang batas natin. Dami loopholes.

    Malakas sana ang depensa nina D. Smith kung hindi contradicting ang statements nila. Kaya sila natu-twist eh. And Nicole, I know she regretted the way she acted that night. But no matter what happened, I know she won’t react that way if she really didn’t get offended.

    Daniel, he’s the best example of American guys not to mess around in the foreign country. whether people favors at Daniel or not, where the heck is he now? IN JAIL! The people sympathy are his only consolation.

    These American men are really straightforward attitude. You know, that attitude of, “do you like me or not? It’s only yes or no answer.” and Filipinas are known of “pakipot” or hard to get even if they obviously flirt the guy. It’s really confusing for two groups of people from different way of thinking.

  68. Anonymous said,

    January 5, 2007 at 2:07 am

    Snow Dawn,

    Malinaw naman sa batas ang definition ng rape eh.

    BUT it is your duty to find out what that is. I-research mo lang ang Anti-Rape Law of 1997. Andyan nga sa gilid nitong blog eh. You can’t expect anyone to feed id to you. Remember, ignorance of the law excuses no one.

  69. snow dawn said,

    January 7, 2007 at 2:08 pm

    Hehehe… Peace! Bakit ba kayong mga feminist napaka-edgy niyo? Babae ako (babae pooo akooo! *laughs), I grew up with bunch of barakos brothers, pinagdedebatehan namin kung bakit wala dapat sa public office and babae kasi ganyan nga, laging pikon! at defensive! No wonder tintawanan ng US embassy consuls ang mga Gabriella.

    At Ms/Mr anonymous, nabasa ko na po, salamat sa instruksiyon. 🙂


    Hindi po away ang hanap ko, kundi matinong kausap!

  70. TK said,

    January 9, 2007 at 3:33 am

    These people really need to work on their sense of humor. eh? snowy baby? I’m on THEIR side pero I think they almost put out a contract on me because they misunderstood some of my toungeincheek side comments.

    anyway, I also find what you’re implying in your previous post to be offensive.

    “malakas and depensa ni smith”– hehe, unless you’re talking about the NBA player Joe Smith of 76ers, or some other smith in the field of sports, this statement doesn’t make sense.

    and you also said “…It’s really confusing for two groups of people with different ways of thinking.”

    I don’t know about you but I don’t think anyone from any group would rape a woman in a moving van with his army buddies cheering him on and then dump her unceremoniously in front of a crowd of people unless the members of that group are a bunch of criminals.

    that’s what they are: Criminals.

    That’s why, I don’t see smith et al as americans or GI’s. they are simply rapists.

  71. January 10, 2007 at 4:38 am


    ““What if Smith truly believed it was consensual?”… both were drunk remember… perceptions blur and people do stupid things when drunk.”

    cvj on mlq3’s blog had a very appropriate comment on rape:

    UPn Student, your advice, while practical in these environments, comes from a misogynistic point of view. It is the men of our society, not the women who should be taught a lesson about rape.

    “A lot has been said about how to prevent rape.

    Women should learn self-defense. Women should lock themselves in their houses after dark. Women shouldn’t have long hair and women shouldn’t wear short skirts. Women shouldn’t leave drinks unattended. Fuck, they shouldn’t dare to get drunk at all.

    Instead of that bullshit, how about:

    If a woman is drunk, don’t rape her. (on being drunk)
    If a woman is walking alone at night, don’t rape her.
    (on not being lucid/ unconscious)
    If a woman is wearing a short skirt, don’t rape her.
    If a woman is jogging in a park at 5 am, don’t rape her.
    If a woman looks like your ex-girlfriend you’re still hung up on, don’t rape her.
    If a woman is asleep in her bed, don’t rape her.
    If a woman is asleep in your bed, don’t rape her.
    If a woman is doing her laundry, don’t rape her.
    If a woman is in a coma, don’t rape her.
    If a woman changes her mind in the middle of or about a particular activity, don’t rape her. (on mixed signals)
    If a woman has repeatedly refused a certain activity, don’t rape her. (on “pakipot”)

    If a woman is not yet a woman, but a child, don’t rape her.
    If your girlfriend or wife is not in the mood, don’t rape her.
    If your step-daughter is watching tv, don’t rape her.
    If you break into a house and find a woman there, don’t rape her.
    If your friend thinks it’s okay to rape someone, tell him it’s not, and that he’s not your friend.

    If your “friend” tells you he raped someone, report him to the police.
    If your frat-brother or another guy at the party tells you there’s an unconscious woman upstairs and It’s your turn, don’t rape her, call the police and tell the guy he’s a rapist.

    Tell your sons, god-sons, nephews, grandsons, sons of friends it’s not okay to rape someone.

    Don’t tell your women friends how to be safe and avoid rape.
    Don’t imply that she could have avoided it if she’d only done/not done x.
    Don’t imply that it’s in any way her fault.
    (on fallacious and farcical accusations that nicole would not have been raped if she didn’t go to the bar)
    Don’t let silence imply agreement when someone tells you he “got some” with the drunk girl.
    Don’t perpetuate a culture that tells you that you have no control over or responsibility for your actions. You can, too, help yourself.”


    and to the best of my knowledge, cvj is a guy, so nobody can accuse him of being a woman drunk on feminist activism. heck, neither am i.

  72. Moe Dick said,

    January 10, 2007 at 9:48 pm

    Who cares, get over it already. Being a fellow Pinoy, all the anti-american demonstration is making me sick.

  73. Justice Seeker said,

    January 11, 2007 at 12:34 am

    Hmmm…do you think cvj has any advise for men who are falsely accused of rape when the accuser does not have to prove his guilt? How does he go about proving his innocence?

  74. Justice Seeker said,

    January 11, 2007 at 12:38 am

    Isn’t it hard to form an opinion based on a BAC that has not been proven? Her BAC was concocted by seven toxicologists who came up with a number based on what drinks NICOLE and her friends REPORTED that she drank. There is ZERO proof on how much of each drink she actually ingested, what time she drank them, how fast, etc.

    Isn’t it also rather difficult to fight someone AND be unconscious at the same time? Nicole claimed to have seen Dan on top of her, claimed to have said no, claimed to have tried to fight him off but he was too heavy and she was too weak. However when she was asked for any details of the horrific event, she was conveniently passed out cold, so how could she know? Oh, and also conveniently passed out in the bar and carried out to the van against her will, woke up a few minutes later to fight a little, passed out cold during the “rape” (don’t remember anything), came to on the curb with pants on backwards within a half hour, then was alert enough to cry rape, go back to the bar to look for Dan with police officer, try to drop the word rape from her statement, after being told that she would be recorded as a prostitute if she dropped the word rape she went back to her original statement, and she testified that she stayed awake the rest of the night from the trauma. Now tell me, do you really think that someone with a BAC of .4 (which the seven toxicologists describe as unconsciuos, comatose, or near death) could have slept it off in a half hour DURING such a traumatic event and not passed out again at any other point? I just don’t think so.

    My guess is that she was a little pissed off that they arrived at their destination too quickly to finish what they had started…consensual sex. She was having trouble trying to get dressed quickly in the van as they were trying to get everyone out because of curfew. She put her legs into her pants backwards in the dark and noticed while pulling them up. Someone said “Get that *** out of the van”. She said “I’m not a ***” and was probably a little more pissed off at that. Then I imagine they carried her out of the van because she wouldn’t get out.

    Who in their right mind would rape someone, leave a condom with their DNA on her and drop her, unconsciuos in front of witnesses in a public place? It doesn’t add up and for the judge not to see that there is reasonable doubt in this case (assuming he’s not an idiot) tells me that he’s either corrupt and paid off by these ridiculous, vocal, political groups or he’s just racist and wanting to show the U.S. who’s boss.

  75. TK said,

    January 11, 2007 at 3:18 am

    hmm…your list is too long. reading everything in it might give them a headache (You have no mercy, jester). Instead of wasting their time reading your comment, I think they’d rather have ALL our women enter the nunnery… and wear pututuy chomping chastity belts when they’re going out of the convent.

    mas simple ‘yon kesa magisip at gawin lahat nung nasa list mo P’re 😉

  76. wondering said,

    January 12, 2007 at 2:07 am

    Nicely said Justice Seeker, amazing she was’nt vomiting all over with that estimated BAC. The body would reject all that alcohol. I don’t see how she could even stand or speak. A women with a big butt would certainly have a problem trying to get her pants on backwards in the back seat of a van. If she was arrested for prostitution she would be denied a visa to the US. At the onset of the trial her attorney lied when she stated Nicole does not like it when she sees women sitting on mens laps, then why was Nicole sitting on Smith’s lap? Why werent any polygraph tests taken or voice stress tests taken on witnesses and others involved in this case. At first I thought Nicole was a bar girl, but I believe now she is an opportunist. She definitely had intentions of going to the USA, I’ve seen women keep several men on a string till one comes thru with the money and petition for that visa. She was engaged to be married but sitting on a mans lap she knew only an hour, does’nt that seem odd? If she was that wasted why did’nt her step sister and friend bring her to the motel with them? They call this guilty beyond reasonable doubt? Gee folks I wonder why the USA drew up the VFA agreement, which of course judge pozon could’nt wait to attack. People in the streets burning american flags, how ridiculous. Like the americans really want a rapist on the loose. Smith’s mistake was the way he left her which I also blame on carpentier and I’m very happy to see carpentier demoted. Nicole certainly did get even.

  77. Maya said,

    January 13, 2007 at 7:22 am

    Justice Seeker, why couldn’t you have been Mr. Smith’s lawyer, he might not have received such a raw deal…but then again with such a corrupt and self serving judge…
    Personally, The US should just extract Mr. Smith from there. It’s obvious that he’s being used as a scapegoat by these leftist groups.

  78. wondering said,

    January 19, 2007 at 10:03 pm

    By Edith Regalado

    The Philippine Star

    DAVAO CITY — Several American and Australian intelligence agents are in Mindanao to monitor terrorist activities, military sources here claimed Friday.

    “Mindanao is crawling with CIA (Central Intelligence Agency), FBI (Federal Bureau of Investigation) and even Australian federal agents,” a source told The STAR.

    The source, who asked not to be named, said aside from the US Special Forces deployed in Zamboanga and assisting in Sulu, foreign intelligence agents are also helping track down Abu Sayyaf and Jemaah Islamiyah militants. The foreign agents pose as tourists, businessmen, consultants or even treasure hunters.

    Meanwhile, in Washington, the director of the CIA praised the Philippines on Thursday for its fight against terrorists, saying the country’s government and military have worked closely with the United States to decrease the threat from extremists.

    The American and Australian agents in Mindanao were the alleged source of the intelligence reports that were reportedly the basis of the travel advisories issued by their respective governments prohibiting their citizens from traveling to certain parts of the island because of terrorist threats.

    “The perception that some parts of Mindanao have become breeding grounds of the terrorists has brought these (foreign) agents to the island,” the source said.

    Lt. Gen. Eugenio Cedo, Armed Forces Western Mindanao Command (Wesmincom) chief, confirmed that at least two FBI agents are now working in the area.

    Cedo, who is based in Zamboanga City, arrived here Thursday for a meeting with officials of the Eastern Mindanao Command (Easmincom) regarding the joint operations against the Abu Sayyaf.

    “They were the two (FBI agents) who paid me a courtesy call. But as to the others, they have not coordinated with my office, so I do not know about them and their movements if indeed they’re here,” Cedo said.

    He explained that the two FBI agents would only come in whenever an Abu Sayyaf member or a suspected terrorist is killed.

    FBI agents were recently sent to Sulu to get DNA samples from a corpse believed to be that of Abu Sayyaf chieftain Khadaffy Janjalani

  79. Ernie Nucup said,

    March 21, 2009 at 10:32 pm

    From day-one, I believed that “Nicole” was a manipulating liar who played the rape card when all she wanted was a U.S. visa so she can leave her miserable life behind. Now that she has that visa, she recanted her rape story and basically admitted she is a liar. All her supporters were played for suckers!

  80. J said,

    March 27, 2009 at 2:40 am

    What a waste of time watching the news because this case wouldn’t go further if a farmer rape Nicole. IT became a big deal because an American was involved. What exactly are you Pinays trying to prove? She is from Olongapo that explains why??? What a shame!!!!!!

  81. someone said,

    April 23, 2009 at 5:52 pm

    some people know better who and what kind she is now…all of you who tried to stand by her side isa total fool.which simply means and shows that suzette is a hassler now tell me if what the people tried to protect her got after everything?shame….

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