US Embassy spokesman Matthew Lussenhop said the six accused US soldiers who are currently under the custody of the US Embassy are either "involved in the incident or material witnesses to the case."
Lussenhop, however, maintained that the six US soldiers — Keith Silkwood, Daniel Smith, Albert Lara, Dominic Duplantis, Corey Barris, and Chad Carpenter — should be deemed innocent until proven guilty.
"I use the term material witness as a legal term. It does not mean some of them have already signed a confession, or some have decided to stand as witness to the crime. It’s just that not all are actually involved in the actual crime being alleged," Lussenhop said.
Meanwhile, the Presidential Commission on the Visiting Forces Agreement (VFACOM) has assured coordination with the Department of Justice (DoJ) to allow the government to finish the litigation of the rape case against the six US soldiers before the one-year period allotted for litigation of alleged offenses by US soldiers while in the Philippines, as prescribed by the Visiting Forces Agreement (VFA), lapses.
"We are not that comfortable with that but what can we do? It’s in the VFA, and the most we can do is to ensure speedy trial so they won’t be able to get away with their crime," VFACOM Executive Director Zosimo Paredes said.
Under Article 5, Section 6 of the VFA, if the Philippine government fails to complete judicial proceedings within one year, "the United States shall be relieved of any obligations," though the one-year period does not include the time needed to resolve an appeal before a higher court.
"It is our priority to finish it within one year, because as this drags on, it can destroy diplomatic relations one way or another," Paredes said.
Meanwhile, Malacañang yesterday ruled out the cancellation of the RP-US VFA allowing joint military exercises in the country despite the rape case involving six American soldiers.
Press Secretary Ignacio Bunye said the rape case was an "isolated incident" and would not in anyway disrupt the counterterrorism war games between American and Filipino troops. (With reports from Genalyn Kabiling)
"This is the only case of this nature recorded despite the numerous joint military exercises and the many American soldiers who have participated in these games," Bunye said in an interview with Radio Mindanao Network.
"We cannot say this is a pattern. We believe this is an isolated case and this should not affect our objective of holding joint exercises," he added.
In protest of the latest rape incident, the political opposition and militant groups have demanded the government to scrap the VFA, which spells out the legal framework for American troops to participate in war games in Manila.
The agreement, which was signed after the closure of American military bases in 1992, protects soldiers from prosecution for actions as part of the war games but provides less protection for crimes committed while on leave.
With the growing public outrage against the US government and its soldiers, Bunye assured the Philippines has assumed jurisdiction over the rape case and that justice would swiftly be done.
"We believe that it is important that justice prevails, that we protect and uphold the rights of women and that jurisdiction over this case remains with us," he said.
