Philippines Free Press: The problematic “Nicole”

Philippines Free Press

The problematic “Nicole”

By Manuel L. Quezon III

FROM the very start, “Nicole” posed a problem to many people. She, herself, was a problem: she was not, according to the idealized standards many men have of womankind, exactly a model of feminine modesty and conservatism. She seemed to be the opposite, actually: uninterested in Filipino men but obsessed with Americans, and aggressive, reckless, and “wild.”

And then there was the problem presented by those who rallied to her cause, and merged it with a larger cause: the abrogation of the Visiting Forces Agreement, and after that, the end of the RP-US alliance. For many other Filipinos, anger, outrage, over how American servicemen treated “Nicole” was one thing; supporting her in her desire to obtain justice by legal means, another; and another thing altogether, besides that, was waging a campaign against the United States and its relationship with the Philippines and its government.

These two aspects of her personal, human, tragedy, dominated the trial that led to Daniel Smith’s conviction for rape (and the acquittal of the other servicemen implicated in the rape) and the complications that followed. In the first place, “Nicole” always had to contend with as much public hostility, or at least, skepticism, toward her cause, simply because of who she was, or to be precise, what her critics thought she was – which was, simply, a woman of loose morals who probably deserved what happened to her.

Setting aside, for a moment, the question of rape (which we shouldn’t forget, was determined to have taken place, by the court, based on the legal definition of the crime), it seems to me that because of the critical, even contemptuous, attitudes held by so many, locally and nationally, towards her, she really had no option but to charge Smith and his friends with rape, even if she hadn’t been raped.

This was a point I tried to raise in my Inquirer column. The humiliating circumstances under which she was thrown out of that van by the American servicemen left her with no choice but to be publicly branded a whore, and what’s more, one willing to take an incredible amount of public humiliation. The repercussions of simply accepting her fate, would have branded her for life, not just in her community, but with her family. Knowing her taste in men, it might have circulated as gossip among American servicemen, permanently closing off the fate she seems to have desired most – to end up happily married to an American.

We all have our preferences and in her case, her preference, even if you describe it as bordering on an obsession, with Americans is no different from that demonstrated, in all sorts of ways, by other Filipinas (and Filipino men, too). There was a kind of local and national hypocrisy in that “Nicole” was perhaps more uninhibited, certainly a little more public and perhaps a lot more careless, about demonstrating her preferences. She was never a prostitute; should never be considered one; and yet, was essentially branded as one by a big percentage of her countrymen.

On the other hand those who wrapped the country’s flag around her shoulders failed to consider that she may have never had much of an attachment to that flag, or what those clamoring for justice for her attached, in terms of symbolism, to that flag. At most, an instinctive racial sensitivity and sense of resentment against uncouth and callous American servicemen is what she, her family, and a large swathe of the public may have shared with the more politically-inclined of her supporters.

We don’t know how it happened, but we do know that “Nicole” dismissed her lawyer, and that her family says she’s gone to the United States, and has had an American boyfriend since the case began, and that she doesn’t seem inclined to return. An affidavit, in which she expresses regret over pursuing the charge, because she has doubts over whether she was actually raped, has been produced.

Lawyers seem to agree on two things, concerning that affidavit: first, that it carries little value and is actually liable to be dismissed as irrelevant by the courts; and that second, even if she claims she was so drunk as to no longer be sure she was actually raped, the very fact she was drunk and confused, and sex occurred with Smith, suggests rape anyway.

To me, there are three things that cannot be changed, regardless of whether Smith’s conviction ends up affirmed, or overturned, on appeal.

First, that aside from the crime of rape, the manner in which “Nicole” was abandoned deserved not only a vigorous protest, but a demand, for Americans to more properly discipline their troops. Second, that the government exceeded its authority – and a sovereign sense of decency- in handing Smith over to the Americans when it already had custody of the accused. Third, that it failed to capitalize on the rhetoric of the new American administration, in pursuing further legal clarifications, to the extent of demanding renegotiation, if necessary, of the Visiting Forces Agreement.

Only then can we find out whether the Americans are interested in a fairer deal; and based on that, only then can we determine if the public is prepared to consider finally abandoning its existing alliance with the United States. As it is, “Nicole” has made her choice; and that choice has robbed those using her as a symbol of their anti-American fight, of a potent weapon. Her decision, however, focuses attention, once more, on the gutless handling of her case by our government; and the natural tendency of the Americans to extract any advantage, whether formally granted or not, Filipinos will give them.

From the start and to the bitter end, the whole case has revealed to us, much more about ourselves, individually and collectively, than perhaps we’re prepared to accept.

Manuel L. Quezon III.

24 thoughts on “Philippines Free Press: The problematic “Nicole”

  1. who do you think is the country’s biggest pimp where prostitution is still considered “illegal” ? PHILIPPINE GOVERNMENT.

    that’s right, our own government is our biggest pimp and GMA jetsetting around the world pimpin as filipino people! let us not blame the entire US country for the evil act that one american soldier daniel smith committed against nicole.

  2. Nicole’s story is a tele-novela, the government of GMA acted the whore, and Gabriela/rallyist, trying hard to enrich their cause, the pimps. Haaaay!

    Smith is a jerk! He should be in our Bilibid Prison where he so rightly belong!

  3. Raul Manglapus’ tenure as Foreign Affairs Secretary was overshadowed by a remark he made during a Senate hearing on the rape of Filipina domestics in Kuwait during the 1990 Iraqi invasion.
    He quipped, to general outrage, that” if rape were inevitable, one should relax and enjoy it.”

  4. Hey, man, bravo. Do you think “degrading treatment” should be defined as qualified rape.

  5. Ok na rin na ‘rape’ iyon maski hindi para makulong si Smith. Nakaka-inis kasi sa isang lalaki na pagkatapos magpasarap itatapon ang babae sa bangketa. Hindi man lang bihisan ng maayos. Eh, kung gawin kaya iyon ng isang Pinoy sa isang Markana.

  6. Could it be that because Nicole was wearing or half-wearing a very tight jeans that she was unable to put it back on due to the American servicemen worrying about being late to avoid discipline? After all they were all drunk and having a good time and all inhibitions just went out the window not realizing they put Nicole in a very humiliating spot with the used condom still hanging by her pesky tight jeans she’s grappling to put back on.

    If she was indeed raped the other other accused should have been convicted along with Smith and that is what makes the decision in the case so questionable. If a “crime” was being committed inside a van how come the other passengers and the drivers not do something to stop it? In my book of legal gobblydedook that is clearly an accomplish to the crime but the judge seems to have a different take on it, oh yeah I forgot this is in the Philippines where laws are interpreted according to popular sentiments.

  7. Poor Nicole. She didn’t realize that different agenda would ride on her case, without considering her own personal interest. In the end, she did what she thought was best for herself.

  8. First, that aside from the crime of rape, the manner in which “Nicole” was abandoned deserved not only a vigorous protest, but a demand, for Americans to more properly discipline their troops.

    that is exactly my entire point of why I am so passionate about this case. Even if Smith was drunk, the case will still be rape. Rape is a general intent crime. Intoxication as a defense by the defendant will not bar conviction.

    Second, that the government exceeded its authority –and a sovereign sense of decency- in handing Smith over to the Americans when it already had custody of the accused.

    I don’t know why the authorities were unable to separate this crime from its own dirty agenda.

  9. It doesn’t matter what kind of woman is Nicole. That is not the required elements of the offense. Even a hooker can sue her client. Even a wife can sue her husband ( modern law)

    People should focus on what’s right for the country. Rape is a major offense against the public. It is directly related to how government address and implement solution to human right issues and abuses. People and women of this country must feel a sense of self worth and security regardless of their status in life.

    One of the reason why people can easily be taken advantage because we probably have been marketing ourselves as being naive and can be stupid. To reverse that, we must punish. We must isolate this case from the other “intervening political agenda”.

  10. Of course, Nicole’s person is relevant to the case.

    But hey, have you read the Chip Tsao satire?

    The other funny part to his article about Pinas, the Spratlys, and Filipina maids is that more than half of Pinoy bloggers are not laughing.

  11. UP N,
    yes nicole is the victim and the witness which makes her relevant. Personality type and her preference with cheap white men has nothing to do with the rape itself. The burden of proof lies with the defendant ( Smith) to defend his state of mind ( guilty mind) and his conduct ( guilty act).

    on Chip Tsao, i can’t believe how insecure is the guy. i can’t be upset. Strong verbal threat to his filipina assistant can be a sign that this guy is very abusive and a control freak. Identity complex is very common among people with very little space to live around Hongkong. No yard , no backyard, limited trees, no winding roads, – the result , the brain is too congested. it cannot see the beauty except he feels threatened of losing spratley. poor guy 🙂


    In the first place, “Nicole” always had to contend with as much public hostility, or at least, skepticism, toward her cause, simply because of who she was, or to be precise, what her critics thought she was –which was, simply, a woman of loose morals who probably deserved what happened to her.

    whether she deserves it or not, is irrelevant to the legal aspect of the case. when people cannot separate the legal, emotional and moral issue of the case, then this country will never mature the way it manages its Justice system. It was RAPE, period.

  12. Manolo,
    Perhaps our very clever lawyer friends have told you that Nicole’s recent affidavit is legally useless, but consider the Public as a Jury in the Court of Public Opinion.

    The Judge, in giving instructions to such Jury about how to decide a rape trial, must tell them that it is the state of mind of Nicole on the night of the alleged rape that determines whether a crime was committed or not by the accused Lance Corporal. If she did not or could not give her consent to have sex with him, then yes the law says the crime of rape is committed. If she did give her consent, then no crime of rape, even if she was unceremoniously or boorishly dumped on the street afterwards.

    “Consent” is of course a most curious thing, which can only exist in Nicole’s mind but must be determined by the Jury as an objective fact, beyond a reasonable doubt or lacking of any moral certainty in the Juror’s mind.

    Now, why would anyone think Nicole’s recent affidavit recanting her trial testimony can or should be ignored by the Jury when it goes to the heart of the case at issue the state of mind of Nicole!

    It seems to be not only material and relevant, but decisive, at least for the Jury of Public Opinion, because it is radioactive with reasonable doubt about the guilt of the accused.

    Now of course Nicole was victim in this, but many others took advantage of her, and the accused may yet be removed from that list, because until conviction is final, and the other twenty judges that are supposed to rule on this case have heard it and done so, the Presumption of Innocence is not taken from the accused who still has the hope of full and total exoneration. By Nicole herself.

    As for the accused, was his name not dragged in the mud in a manner compleatly Contrary to Law, RA 8505? His privacy and identity should have been protected equally as that of Nicole’s!

  13. “Consent” is of course a most curious thing, which can only exist in Nicole’s mind but must be determined by the Jury as an objective fact, beyond a reasonable doubt or lacking of any moral certainty in the Juror’s mind.

    Effective consent is not about the state of mind. It’s about circumstantial evidence that can support that there was no effective consent. Here’s Nicole case when she filed her case at makati court.
    1. Physical Force is a strong evidence that there was no effective consent. Nicole’s medical report suggested bodily injuries such as bruises on the arms and legs. Bruises can form when one is resisting or someone is applying excessive force . Lawyer JCC said that her injury could have been self inflicted by Nicole to make her case solid. But for a reasonable woman like me, the cat and madonna and who else are women here? It is not normal for me to self inflict my body regardless of my state of mind. Self infliction cannot be done by any reasonable woman unless a woman is insane. A reasonable person even a hooker will never do it. The self infliction cannot be used as a valid defense. Therefore excessive force were used to complete the offense. If Smith was gentleman enough, then there would be no bodily injury. This alone is sufficient evidence that there was no consent during the ACT.

    2. Nicole was intoxicated and there’s no way that she was capable of fully informing SMITH. Even if we assume that she voluntarily said yes 10x to have sex with SMITH under intoxication prior to penetration then later on withdraw during sex because she may have suffered painful physical stimulus and Smith did not stop … it is still RAPE. A person under intoxication can be considered not conscious of her act.

    3. Intimidation by way of threats- Physical injury is also a good indication that Nicole was intimidated thru force and was forced to continue the ACT with painful sensation. She was unable to get away from a stronger man.No woman will be happy if sex is painful and not pleasurable. I won’t blame Nicole. Sex is supposed to be always good. 🙂 heheheh

    On Smith, his own intoxication will not bar conviction. It is not a defense of Rape because Rape is a general intent crime. Negligence or recklessness is sufficient.

  14. 2010 RP Elections:Brains without bodies – H.Keh-Mr. Palengke-Bangon RP-CJ Puno
    The Long View Brains without bodies (1) – By Manuel L. Quezon III Philippine Daily Inquirer 03/30/2009

    “LAST WEEK I suggested that when confronted with people who want to be president, we should ask, Who has endorsed their candidacy? Candidates presenting themselves for the presidency are like brains, asking to be elected to steer the ship of state, but who don’t have bodies: how then, can they be expected to grasp the tiller? By telepathy? As brains, they may be brimming over with ideas; they may have access to vast sums of cash; but for a country that expects presidents to solve problems, and with the least pain for the electorate, the whole current setup is a recipe for frustration and disillusionment.The more established politicians will therefore validate their candidacies by having themselves proclaimed official candidates of whatever political party they happen to belong to by the time the official campaign period starts. And 2010 presents it with the dilemma of a body about to lose its brain. (To be continued)”

    Of all the no-nonsense bloggers-journalists I had felt with my EYE, I found Mr. Manolo Quezon III’s microscopic surgery of Philippine 2010 elections or No-El closer to reality. He writes:
    The Palace strikes back and other scenarios – 03/24/09
    “xxx the President never puts all her eggs in one basket- providing for the future continues apace.”

    Mr. Quezon III profoundly disects the nonsense, crab mentality and “Politics of Profit” towards 2010. For psychics and philosophers alike, Mr. Quezon accurately
    predicted the scenario. Howevever, I desire to add his PUNDITs:

    many candidates who do not have a damn chance or 2 cents to win in the tainted SWS, Pulse Asia and other hungry-greedy 2010 surveys, would take financial gains-profits-leverage, by FLOATERS.

    If Gilbert Teodoro and Mr. Noli de Castro had lost the fortune-teller’s dire warnings of high blood politics WINNA-BEElity, then, the Palace is floating desperate Trial de Novo personae like CJ Puno, Panlilio, Villanueva, El Sha-Velarde, etc. (Oh, no, I am not mistaken, since politics is the science of the weird and impossible magic, of tricks and treats, remember Dadgad-Bawas?).

    The opposition, on the other hand, had consulted many astrologers, UP and Ateneo political scientists, and they found that even in SWS tainted survey, ERAP-Jinggoy-Benay or Binay had been CURSED in political history, more than having been enchanted by a newly introduced SPELL by the Angel of Death, rather than the so-called “Kiss of Death” many termed Dwendelita of the Palace.

    I had lectured to a Retinal Detachment patient who visited me last saturday. This disease has no viable and practical medical remedy until today. Ex-Mayor Macario
    Asistio’s wife had this and RD almost blinded her. But the wealthy patient said his eye had partly recovered due to hand heat healing.

    Presidential and VP wanna-bees, including early worms and birds, are consulting not only fortune tellers, PR magicians, Monasterio de Sta. Clara in Katipunan, political pundits,
    astrologers and even Feng shui masters, to shoot the stars.

    But Honoble Destiny had already decided who will be the 15th President/Prime Minister or the No-El dictator/tress. Retinal detachment in politics, is paranoia, in one word.
    Many wanna-bees are Detached from the film of the science of politics: politics which was earlier defined by Plato and Socrates. Consider these:
    Chiz, Mar big gainers in SWS survey

    (SWS SURVEY, February 20-23, 2009)

    Vice-President Noli De Castro 27%
    Sen. Manuel Villar 26%
    Sen. Loren Legarda 25%
    Sen. Francis Escudero 23%
    Sen. Mar Roxas 15%
    Sen. Panfilo Lacson 14%
    Former Pres. Joseph Estrada 13%
    Sen. Miriam Defensor-Santiago 4%
    House seat is Arroyo option after 2010–JDV – Fallback position to escape lawsuits
    By Gil C. Cabacungan Jr. Philippine Daily Inquirer 03/30/2009

    MANILA, Philippines—President Gloria Macapagal-Arroyo could run for a congressional seat in her home province of Pampanga if efforts to amend the Constitution through a House-instigated constituent assembly (Con-ass) fail. “Congress is her fallback position in the event that Con-ass does not succeed. A congressional seat will buy her immunity from all suits,” said Pangasinan Rep. Jose de Venecia Jr. in a phone interview.
    Chief Justice pressed to run for president By Joey A. Gabieta Inquirer Visayas 03/29/2009

    TACLOBAN CITY, Philippines – A group led by a former justice undersecretary is pressing Supreme Court Chief Justice Reynato Puno to run for president in 2010, despite his earlier pronouncement that he would not enter the political ring.
    Jose Calida, the national president and founder of the Movement to Elect Non-Trapos (MEN), said no one among the presidential aspirants could come close to Puno in terms of honesty and integrity.
    ACTIVIST PRIEST SAYS Roxas-Panlilio for 2010 talks ongoing By Allison Lopez Philippine Daily Inquirer 03/30/2009

    MANILA, Philippines—(UPDATE) The tandem of Sen. Manuel Roxas II and Pampanga Gov. Eddie Panlilio for the 2010 presidential elections is being explored, an activist priest said Monday.
    In an interview at the Makati City Hall, Fr. Robert Reyes, who is part of the movement supporting the bid of Panlilio and Isabela Gov. Grace Padaca, said the priest-turned-governor met with Roxas last week.
    “Anything is possible if we talk eh. Roxas-Panlilio, Roxas-Padaca… Among Ed is willing to let go of the possibility of running for president. Kasi kung makikita sa discernment, sa pag-uusap (If we see it through discernment, through discussions…) Grace Padaca would not want me to say this pero (but it could be) Padaca for president, Panlilio for vice. Or Among Ed steps aside, Padaca for president, Mar Roxas for vice. Anything is possible now,” he said.
    Reyes said Kaya Natin (We Can) convenor Harvey Keh invited the Liberal Party senator to join the “primaries” of their group.
    Bro. Eddie launches new party
    By Dona Pazzibugan Philippine Daily Inquirer 03/28/2009

    MANILA, Philippines—In a move seen as a launch for his second go for the presidency, Jesus is Lord evangelist Eduardo “Brother Eddie” Villanueva has reinvented his 2004 political party Bangon Pilipinas party into a bigger national movement.
    Villanueva led the multi-media launch of the new “Bagong Pilipinas, Bagong Pilipino” movement at the Araneta Coliseum, which was filled with JIL followers who came in yellow shirts. Many brought their entire families, including small children, with them.

    The Prophet’s Written and Published Prophecy of PGMA’s battle in political history.

    Prefatory (Analysis):

    A week before the 1992 elections, I had decided to predict the winner. I used the spanish card of Bulacan 40 years card reader Lola Nina Cuento Cruz: I accurately predicted that Ramos will SIT, while M. Santiago will win the counting, or rather be UNdestined due to the dwarve’s curse, remember her accident before the elections, a dire Omen; the painful alleged suicide or gun … of A.R. Santiago …

    On Good Friday of 1998, I predicted at San Juanico Bridge the election and fall of ERAP:
    “During the hearing, Mr. Floro revealed his contact with his elves. He also shared with the judges that Luis predicted that then-Philippine President Joseph Estrada would be ousted from office; Mr. Estrada was forced from power by a popular revolt two years later in 2001 and was sentenced last week to life in prison for corruption.”

    “Florentino says he predicted Joseph “Erap” Estrada’s presidential downfall and prayed that present incumbent Gloria Macapagal Arroyo would survive her endless political battles. Looking ahead, he reckons Arroyo’s power will end soon and the nation will suffer as a result.”


    Many pundits did complicate the 2010 election or No-El scenario. I will make it so simple for you, I will lay down on your table my cards. Of course, like before, Deus Ex Machina, like medical surgery and hospital tours of both PGMA, FG, Abalos, R. Gonzalez, the 5 S.C. mystic fires … may MAKE the elections more interesting aside from Dagdag-bawas IT in e-Voting.

    First, how can PGMA, which I predicted since 2004 to fall but will survive the fall until … be legally free from tons of Ombudsman-Sandiganbayan prosecution-persecutions? I will not answer this, since the legal answer is so complicated, but boils down to the Supreme Court Justices’ PENs later on. Yes, she appointed all of them, but will these S.C. Justices put FINIS to PGMA nightmares to be free from prosecution, JAIL and exile, plus her asset’s sequestration by hungry Vendetta-opposition? I will not answer this, since, I will be guilty of speculation and NO BASIS objections.

    Second, PGMA has plan B and C with magic/s. In 2001, I sat beside Erap and cursed Sanlakas Cong. JV Bautista at Veterans; I told Erap that he will be judicially vindicated but not in political history.
    In 2002, I predicted in writing in more than 20 SC pleadings that PGMA will be ousted IN TIME, the physical hurting will coincide with her irrevesible downfall.
    But my requested audience with FPJ was blocked by the Oreta-Soto barriers. So, a week before the elections, I predicted before Justice Regino C. Hermosisima, Jr. that despite all prophecies, PGMA will survive her ordeal, lest my case be not decided. So, my case was, by Justice Minita Viray Chico-Nazario, on April 7, 2006. Thus, in exchange, I had flooded the internet with the prophecy fed to WSJ and Hong Kong’s The Standard per ace journalists Mr. James Hookway and Mr. Sam Chambers, respectively, regarding PGMA’s survival at the very least IN TIME: her respite.

    Third, all are afraid of Chiz Escudero.

    Fourth, who will beat Chiz? So, Manolo Quezon accurately answered this: Brains, Moneys, but no bodies.

    I will skip Villar on this, since, I had already written about him in the prior PinoyExchange topics.

    1) Remember that politics is just a repetition of political history. Will an unmarried person be a Philippine President? Mar Roxas had been flooded with noisy or very loud gossips on sexuality (Mother’s child) and this is material in the making of a President. He has all the resources, machinery, money and of course followers. The US Think Tank correctly reported that Mr. Palengke is a reality-oriented politician. He will not dive in the pool if he cannot float in the surverys. How can Roxas erase the cursed destiny of Gerry? Let us leave it at that.

    2) If Noli and Gilbert cannot win, can CJ Puno, Among Ed-Padaca-Villanueva-Velarde be used as floaters or rather POLITICS of PROFIT by MaDISKARTE Harvey Keh, to at the very least SUBTRACT votes from Chiz and the other top winna-BEEs?
    Well, in floods of emails, of which I was a victim, I had warned Keh not to Spam my email. Bluntly, I replied to Keh’s email, that I cannot predict or help Among-Kaya natin to be President, since I hate politics of Profit or magic.

    I had watched in ANC how Mr. Ricky Carandang cross-examined or rather rattled Keh.
    Keh, which I call as MaDiscarte is off-reality, but profit oriented. Mr. Carandang at point blank shot Key with a fatal question: why did Kaya Natin fail to reach Classes C and D. Evading Carandang, Keh pondered and replied off-tanget.
    Unmindful of the Omnibus Elections Penal provisions of suggesting moneys-pledges before the campain period, Keh had been flooding the internet with boastings about OFWs and Filipino monetary pledges to support Kaya Natin.

    But Villanueva cannot be JOKED. Bro. Eddie smashed Keh’s Kaya Natin, accusing it as having pre-BAKED in favor of Among Ed (mixed with Padaca, Villanueva, Puno, etc. of course, with the money and machinery of Mr. Palengke, if the latter will not float in the SWS swimming pool). Keh’s Discarte tried a xerox copy-cat of the US primaries. But it was cheaply thrown in the can by no-nonsense traPOS.

    Who will invest money in Keh’s novo-politics, which has no chance of WinaBEElity. Miracle? It only happens in Rome, which has a final say on who will be Saints per 2 miracles.
    If President Panlilio and VP Padaca will take their twin oaths of offices in 2010, will Exec. Sec. and Acting BIR-CUSTOMs Com. Harvey Key accept Classes D, E, and my resume to be appointed by Among Ed, even as clerk of the Key Curt?
    Change the Film: Will Dabu vs Guiao and almost all Pampanga Mayor’s scenario repeat the same game in the Panlilio’s 2010 adminstration? I do not want to glorify Arch. Oscar V. Cruz’ tirades or rather bitter pills, but I am sure, I will never ever get a job is Keh reigns, so, this Good Friday, I only have one option: to recite their first names side by side with the most powerful biblical Curse per Psalms 109/73, noon time and 3pm.

    IN FINE, we are all excited on Monday the 13th when Congress opens with the Decoy and Real McCoy Resolutions of Nograles and Villafuerte. Remember that the Lambino Initiative lost by just one S.C. vote. Now, with vengeance, the full force of PGMA’s S.C. appointed Justices will face the PGMA Enrile Senate with gusto on CHA-cha. With bated breath, Chiz Escudero, who hopes to be an Obama mania, might be loosing steam. This is politics!

    Question: Is Judge Floro’s WSJ and The Standard prophecy of PGMA’s survival – stretch down the finish pay off wire in 2010 horse race?

  15. DJB on, “Now of course Nicole was victim in this, but many others took advantage of her, and the accused may yet be removed from that list, because until conviction is final, and the other twenty judges that are supposed to rule on this case have heard it and done so, the Presumption of Innocence is not taken from the accused who still has the hope of full and total exoneration. By Nicole herself.”

    Daniel Smith is a convicted rapist, hence the presumption of innocence is no longer there. Smith’s hope on appeal hang entirely on new material evidence.

    So far, Nicole’s affidavit did not overturned the single most important fact that she was so intoxicated that she was deprived of reason or consent at the time of sex – which is rape.

  16. DJB on, “…consider the Public as a Jury in the Court of Public Opinion. Consent is of course a most curious thing, which can only exist in Nicole’s mind but must be determined by the Jury as an objective fact, beyond a reasonable doubt or lacking of any moral certainty in the Juror’s mind.”

    To have consent as freely given, it is in its conscious state and unimpeded. The intoxication as described in Nicole’s affidavit negate any consent.

  17. “Her decision, however, focuses attention, once more, on the gutless handling of her case by our government; and the natural tendency of the Americans to extract any advantage, whether formally granted or not, Filipinos will give them.”

    Once again, the Philippine government prominently displayed its colonial mentality for giving the Americans its preferential treatment by surrendering its custody rights. Filipinos cannot help to feel second class citizen in their own country.

  18. Check out the highly-publicized and highly controversial saga of celebrity singers and lovers, Rihanna and Chris “Beat Her Down” Brown.

    Rape wasn’t the issue, assault was. Lots of evidence, including photographs, medical exams and statements from the victim immediately after the incident.

    Now, she’s back in his arms and wants to withdraw all charges. Los Angeles D.A. wants to go ahead and prosecute. She isn’t cooperating. It’s not clear, so far, where this is all heading.

    Any similarities?

  19. Carl, the big difference is, in Nicole’s case, Smith was already tried and convicted while the other one is still being investigated. So, (stupid) Rihanna can still withdraw the charges or settle the case out of court and the DA will have no choice but to terminate their investigation, case close. Just like what happened before with Kobe Brian’s rape case.

  20. Rape is rape and it happened no matter how some people will portray the character of “Nicole” as a woman of loose morals and was not according to the idealized standards many men have of womankind (like celine lopez of the gucci gang?). The mere fact that the court has already decided and found Smith guilty (though he may look angelic to some), it’s more than enough to keep him in jail (supposedly and only if this govt has the guts to do it). Even with Nicole’s retraction (after 3 years), it does not automatically clear Smith of the crime he has committed. If the CA reverses the decision of the lower court based upon the merits, fine but I don’t think the CA will just have to take the questionable retraction of Nicole and automatically reverse the lower court’s decision.

    Reading the news about that recantation made me feel like puking about this government. How they mess up this case right from the very start. The govt. made it doubly hard for Nicole and her family. She’s right when she said she cannot win this fight with the govt virtually against her.

    And if the US is resolute with their position that Smith is innocent, what was that P100,000 for? If Nicole is a fraud, why then did they issue Nicole a visa and what could be more behind the scene arrangement (maybe more cash, a house and lot, or a promise of a totally new life in the US just to agree to that recantation). The US made a very good offer through Smith’s counsel and without the knowledge of Nicole’s counsel (but for sure with the govt’s participation with all the pressures).

    Unlike most Pharisees, I cannot judge Nicole for what she did. In fact, I feel sad and sorry for her. I think all she wanted is to have her life back. She’s no hero and somebody that cause oriented groups want to take advantage of. I wish her well in her new life and hope she’ll find her peace.

  21. Peterv on, “Bisaya kasi eh.”

    That is insulting, man! If you are decent enough to look at your own country and who had been running it to the dogs, non-Bisaya are not that sacred either.

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