Some members of the women's group, Gabriela protested the transfer of convicted rapist Lance Cpl. Daniel Smith from the Makati City Jail to the US Embassy compound.

The women militants held a protest in front of the Department of Interior and Local Government building in Quezon City. They condemned DILG Secretary Ronaldo Puno; Justice Secretary Raul Gonzalez, Foreign Affairs Secretary Alberto Romulo, Presidential Legal Adviser Sergio Apostol, and Executive Sedentary Eduardo Ermita for the transfer of the convicted American rapist.

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But the Palace executives were firm on their decision and even boasted that they can defend their action before the Supreme Court. DILG Secretary Puno confessed to be the implementor of Smith's transfer while Justice Secretary Gonzalez was believed to be the "brains of the transfer operation."

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But the Court of Appeals played safe on the transfer. While the Court of Appeals upheld the ruling of the Makati Regional Trial Court Judge Benjamin Pozon, it ruled that the matter on the transfer was moot and academic.

The CA ruled that Smith's remaining in US custody would keep him beyond the jurisdiction of Philippine authorities who have the executive jurisdiction over him with respect to the offense that he has committed.

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Well, the cruxes of the matter are the provisions of the Visiting Forces Agreement (VFA). The VFA was ratified during the administration of ousted President Joseph Estrada. One provisions of the VFA allows the US to request for custody of the offender in the US Embassy while the judicial proceedings are still under way.

Definitely, the US Embassy is beyond the jurisdiction of Philippine authorities. The US Embassy is within the jurisdiction of the US government. This should be one of the provisions which should be reviewed in the light of the custody controversy.

Take note that the American forces are visitors of the Philippines. If they commit any offense in our land, could they be punished under our laws? The Nicole case illustrates this situation.

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But for Filipinos committing any offense in the United States, could we expect these Filipinos to be under the custody of the Philippine embassy in the US? Of course, not. There is no Visiting Forces Agreement for Filipinos in the USA to invoke. Witness the incarceration of Aragoncillo, Jocjoc Bolate, and Mark Jimenez.

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There are indications that elections will be held in May this year. The Administration has already made preparations for its candidates for the senatorial race. Ditto to the Opposition.

Among those considered by the Administration are Chief of Staff Michael Defensor, DENR Secretary Angelo Reyes, Reps. Prospero Nograles, Ace Barbers and Pichay, Tourism Secretary Durano, broadcasters Korina Sanchez and Mike Enriquez.

Considered under the United Opposition (UNO) slate are former Vice President Teofisto Guingona, former Senator Loren Legarda, incumbent Senators Panfilo Lacson, Edgardo Angara, Manny Villar, Ralph Recto and Joker Arroyo, Reps. Francis Escudero, Allan Peter Cayetano and Gilbert Remulla, Mayor JV Ejercito, and bar topnotcher Aquilino "Koko" Pimentel. Also considered are former Senators Tessie Oreta, John Osmeña and Vicente Sotto.

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The United Opposition (UNO) is composed of the Pwersa ng Masang Pilipino (PMP), the PDP Laban, and some personalities. The UNO is wooing the Liberal Party-Franklin Drillon wing, the Nacionalista Party of Senate President Manuel Villar, and the LDP of Sen. Angara.

The congressional race in the Third District of Bohol has become more interesting with the entry of incumbent Board Member Freda Tirol. She is reported to be running as a candidate of the United Opposition. The board member who hails from Candijay has been seen going out in the Third District, reported to be vying the position of congresswoman of the Third District of Bohol.

On the other hand, former Board Member Alexander H. Lim vowed to run for the much-coveted position of congressman of the Third District of Bohol. Lim does not believe that former Gov. Rene Relampagos would run for congressman of the Third District of Bohol. He cited the fact that Relampagos has been instrumental in putting up candidates in the Second District of Bohol, notably in Talibon. Why would Rene field candidates for the Second District of Bohol, if he is not interested to run for governor, Lim asked?

But Rene is firm on his bid to run for congressman of the Third District of Bohol. He has to give the blessings to these mayoralty candidates in the towns, if they are interested to run for mayors considering that he is the acknowledged head of the Pwersa ng Masa Pilipino (PMP) and the Laban ng Demokratikong Pilipino (LDP) in the province of Bohol.

Definitely, Relampagos would give the blessings to the mayoralty candidates in opposition bailiwicks of Panglao and Loon in the First District, Trinidad and Talibon in the Second District, and Guindulman in the Third District.

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At this writing, nobody has yet announced his bid to challenge incumbent Gov. Erico Aumentado. Perhaps, Aumentado is still unbeatable at this stage. But who knows as the election day goes nearer, a challenger of Erico will come out in the open?

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For comments and reactions, send mail to Atty. Jorge D. Cabalit, Cabalit Law Office, 74 Belderol Street, Tagbilaran City or send e-mail to: viewpoints@boholchronicle.com