This developed after Justice Secretary Raul Gonzalez junked the request of lawyer Katrina Legarda, the victim’s lead counsel, to transfer the venue of their case’s investigation from Olongapo to DoJ on the ground that most cases of rape and other sexual abuse filed with the office of the city posecutor of Olongapo had been dismissed.
In its report on rape, child abuse, acts of lasciviousness, and other cases, covering the period from Jan. 1, 2003 to Nov. 16, 2005, there were 90 rape complaints filed with the Olongapo City Prosecutor’s Office, 57 of which were filed in court, while 23 were dismissed, and the remaining 10 still pending resolution.
Of those filed in court, the report said, some 46 cases are still pending before the courts, four were dismissed, and seven archived. It noted that there had neither been acquittal nor conviction so far.
"This proves falsity that 3,000 (rape) cases were dismissed in Olongapo," said Gonzalez in a note to the report.
The report did not indicate though if any of the rape cases filed within the period covered involved US soldiers.
It indicated that for the period it covers, there were 113 complaint for child abuse lodged before the Olongapo City Prosecutor’s Office, 51 of which had been filed in court, 40 dismissed after preliminary investigation, seven referred to the barangay, and 15 still pending resolution.
Out of the 51 cases for child abuse filed in court, five were dismissed, three archived, two resulted in conviction, and none resulted in acquittal, although 41 cases are still pending before the trial courts.
As to cases for acts of lasciviousness, the records show that the Olongapo City Prosecutor’s Office received 54 complaints for the period covered, 35 of which were filed in court, 13 were dismissed after preliminary investigation, while six are still awaiting resolution.
Of the 35 cases filed in court, nine were dismissed, one resulted in conviction, while 25 cases are still awaiting decision of the courts.
Gonzalez, in denying Legarda’s request, said he would not allow the transfer of the venue of the preliminary investigation.
"I will not grant that, not at this time. The preliminary investigation has yet to be conducted and they are already impeaching the probity of the fiscal," Gonzalez noted.
Gonzalez said that transferring the preliminary investigation of the case to Manila is not fair to the handling prosecutor.
The Justice secretary also said that before considering a transfer of venue of the preliminary investigation, the DoJ would normally just replace the prosecutor who is handling the case, as the Justice department had done in several controversial cases.
Olongapo prosecutors are set to conduct its first preliminary investigation hearing on the case on Nov. 23, the deadline set for the six American soldiers to answer the complaint filed against them.
On Nov. 8, the DoJ served the subpoena to the six US soldiers through the Department of Foreign Affairs, which, in turn, sent the summons to the US Embassy which has claimed custody over them.
Summoned to appear at the Nov. 23 and Nov. 29 preliminary investigation hearings, set at 2:30 p.m., were US soldiers and respondents Keith Silkwood, Albert Lara, Corey Barris, Chad Carpenter, Daniel Smith, and Dominic Duplantis.
