We in Bohol are not always concerned with national issues. However, some events would touch our lives here whether we like it or not the implications may seem obscure, however, this would ultimately concern us however remote. This is in the case of the custody of Lance Corporal Daniel Smith, the US Marine, who was convicted of rape by the Regional Trial Court in Makati . Smith, under the Philippine laws should be detained in a jail under Philippine jurisdiction. However, the American authorities contend that under the Visiting Forces Agreement, Smith should be under American custody pending final judgment.

Both sides have valid reasons. The girl “Nicole”, a Philippine citizen was violated in the Philippine soil by a US Marine. The crime was against a Philippine citizen, in the Philippine jurisdiction so the accused must be tried in a Philippine court of law, and when found guilty, must be imprisoned in a Philippine jail. Smith was found guilty. Since he appealed, the court ruled that Smith must be detained in the Makati City Jail pending the result. However, lawyers for the Marine contend that under the Visiting Forces Agreement signed between the Philippines and the United States , the accused US serviceman should be under the custody of the United States during trial and pending final judgment.

Lance Corporal Smith was taken away from the Makati City Jail and escorted to the US Embassy in the last days of 2006. Both the Justice Department and the Department of Interior and Local government are under fire because of this. The lawyers of Nicole contend that the judgment (of the Makati Judge Benjamin Puzon) of conviction of Smith is “final and executory” and therefore Smith must serve sentence in a Philippine jail. On the other hand, government lawyers say that there is yet no final judgment of the higher courts and Smith may be under the custody of the United States Embassy. Should the sentence of Smith be affirmed by the Supreme Court where it would ultimately land, then Smith will be imprisoned in a Philippine jail.

Meanwhile the controversy rages as each side contend that they are right. This will be tossed to the higher courts. Should the Smith sentence would be upheld, the Smith would be sent to any Philippine jail. After final judgment, the case will be no longer under the jurisdiction of the court. Another scenario might occur. After serving a portion of the sentence a President of the Republic might pardon Smith. That will be another story but it would be a possibility. United States authorities might request for a pardon. The Philippine response would be interesting.

If history will repeat itself, this scenario might recur. When Barbary pirates once rule the Mediterranean , a US citizen, Ian Pericardis was kidnapped by an outlaw called El Raisuli. American authorities issued an ultimatum to Algiers harboring the kidnapper saying Pericardis alive or Raisuli dead. The captive was released. This would not happen between the United States and the Philippines . However, subtle pressures may be resorted to. Ever since Smith was in Makari City Jail, the Balikatan exercises were suspended. Do we need the Balikatan? Do we need American presence? Do we need their aid or goodwill? How far can we tolerate transgressions of members of friendly forces in pour shores? Can we just overlook crimes against individuals for the sake of good relationships? How would a Boholano react to the Nicole case vis a vis American relationship? Those are tough questions to answer.