This developed after the Olongapo City Prosecutor’s Office raised a question over the US government’s rights to keep the four Marines in the US Embassy in Manila.

City Prosecutor Prudencio Jalandoni insisted that the US embassy transfer the custody of the accused servicemen to to the jurisdiction of the Philippine court despite a Malacañang’s pronouncement that the Visiting Forces Agreement (VFA) supplanted local laws.

"How can we invoke and exercise primary jurisdiction when we cannot enforce the very law in our country that are applicable to this case?" Jalandoni asked.

He announced his intentions to pursue efforts for the Philippine custody of the four Marines a day after the Olongapo City Prosecutors Office filed charges of rape against Daniel Smith, Keith Silkwood, Dominic Duplantis and Chad Carpentier.

The complaint against Albert Lara and Corey Barris, also US Marines, was dismissed after investigators said that no sufficient evidence or basis is found for them to be included in the charge sheet.

Foreign Affairs Undersecretary Zosimo Paredes II said, "when there’s a clash between a domestic procedural law and a treaty like the VFA, the treaty prevails."

Article V of the VFA provides that "the custody of any United States personnel over whom the Philippines is to exercise jurisdiction shall immediately reside with the United States military authorities, if they so request, from the commission of the offense until completion of all judicial proceedings."

Justice Secretary Raul Gonzalez said that the impression he got from a US Embassy statement was that American officials "will insist on custody during the trial."

"I suppose they will politely reject our request and if we are not satisfied, we could insist on negotiating for custody," Gonzalez said, adding that "there could be" a custody battle.

Smith’s lawyer, Benjamin Formoso, said he would fight efforts by the local court to gain custody of his client. "We will not just give in," Formoso said.

He maintained the position that the VFA and its provision on US custody apply to the case.

He said that the prosecutor’s resolution would certainly hit the economy of both Olongapo City and Subic Bay Freeport due to its anti-American message.

Katrina Legarda, the victim’s lawyer, said, "everything about custody and prosecution of the Marines is now in the hands of the (Philippine) government."

"If the Philippine government is going to give it up, what can we do?" she said.

She added, "what is important is whether or not the Philippine government has realized the idea that maybe the VFA is wrong."

Press Secretary Ignacio Bunye said that now that the case is filed with the court, "let us leave justice to take its course instead of raising speculations that would only mislead the public and affect the legal proceedings."

Bunye said, "both governments have assured that whatever the outcome, it will not, in any way, affect the close ties and friendship that binds the two countries. Philippine sovereignty and justice shall be upheld, while the rights of the accused will be fully protected."

Bunye added that both the Philippine and US governments were for the "swift resolution of this isolated case but always through the observance of due process."