Nung isang araw ko lang nalaman na kasama na sa listahan ng mga binura laban sa aktibismo si Kanor, isang kakilala.
Pangalawang tagapangulo siya ng Bayan-Pangasinan. Nabaril nung Pebrero pa at sa ospital na binawian ng buhay, sa gitna ng kumplikasyon. Lagpas limang buwan bago nakarating sakin ang balita.
Kung paano? Sinu-surveillance ng militar ang tagapangulo ng Bayan-Pangasinan, Fr. Terry. Lumabas sa ilang report sa internet na siya naman ngayon ang mainit sa mata ng militar sa Pangasinan, matapos na patayin si Apo Jose, tagapangulo ng kilusang magsasaka sa probinsya, at kanyang pangkalahatang kalihim.
Nung isang buwan ay dinukot si Jay, organisador ng Piston, sa Pangasinan. Inilabas siya kasama ng tatlong iba, matapos ang ilang araw na torture sa kamay ng militar sa Pampanga.
Iba pag kakilala ang biktima ng pamamaslang. Dati, tila istadistika lang sa dating ng mga pangalawang itinumba ng punglo. Ngayo'y oras-oras na nakikipagtitigan sa bala ang mga kasama. At ang pangamba sa buhay, ngayo'y ramdam ng kahit 'di personal na kakilala.
Nabubuhay ako sa panahong maraming dapat isulat, maraming humihingi ng hustisya dahil hindi sila magawaran ng umiiral na estado ng mga buhong at palalo. Kung nakakamatay lang ang mura.
Si Kuya Kanor, masayahin dahil tabatsoy. Eksentriko sa istilo ng pamumuhay. Pero tibak pa rin ang turing. Si Apo, matibay na sandigan ng mga magsasaka sa Pangasinan.
At si Fr. Terry, na pangalawang tatay ko sa turing. Nang batiin ko siya ng happy fathers' day nung nakaraang taon, ganito ang kanyang sinabi sa text, "Salamat po sa pagbati. Ingat lagi."
"Ingat lagi, mga kasama. Walang ibang salalayan ng ligtas na pagkilos kundi tayo at ating mga sarili...
Monday, July 31, 2006
Thursday, July 27, 2006
Ulan
Magkapatid bang ipinanganak ang luha at ulan? Nakikita ng mata ang pagtangis.
Panay ang ulan ngayon, dala ng bagyo. Masarap magkalipumpon sa kumot (parang bulaklak sa palad na tiniklop).
Ilang ulit ko ding tinititigan ang abuhin, magaygay nang alpombra ng bahay, bago maidlip. Ang ganitong pakiramdam, na nakatitig sa walang-pagsidlang malawak, ay ‘di katulad ng pagtanaw sa ilalim ng banging nakakalula.
Bagkus, para akong inaangat sa lapag.
Ilang araw nang umuulan. Mahangin, malamig at masarap sa lahat ang magkape. (At manuod ng sine (:
Ang lamig sa talampakan ng ulan. Magtampisaw!
Ang ulan, isang balabal na nagdudulot ng sakit-sakit sa lahat. Ang ubo at sipon ng isa’y hawa sa iba. Gayunpaman, masarap pa ring magkape, ng sama-sama.
Panay ang ulan ngayon, dala ng bagyo. Masarap magkalipumpon sa kumot (parang bulaklak sa palad na tiniklop).
Ilang ulit ko ding tinititigan ang abuhin, magaygay nang alpombra ng bahay, bago maidlip. Ang ganitong pakiramdam, na nakatitig sa walang-pagsidlang malawak, ay ‘di katulad ng pagtanaw sa ilalim ng banging nakakalula.
Bagkus, para akong inaangat sa lapag.
Ilang araw nang umuulan. Mahangin, malamig at masarap sa lahat ang magkape. (At manuod ng sine (:
Ang lamig sa talampakan ng ulan. Magtampisaw!
Ang ulan, isang balabal na nagdudulot ng sakit-sakit sa lahat. Ang ubo at sipon ng isa’y hawa sa iba. Gayunpaman, masarap pa ring magkape, ng sama-sama.
Saturday, July 15, 2006
Nicole’s Testimony Strong and Unimpeached ― Prosecution
BY JHONG DELA CRUZ
Bulatlat
Her family, lawyers and supporters hugged her and heaved a sigh of relief as Nicole, the 22 year-old Filipina complainant in the Subic rape case, emerged without a tear from the witness stand.
Nicole filed rape charges against main accused Lance Corporal Daniel Smith and three more U.S. Marines namely, Lance Corporals Dominic Duplantis and Keith Silkwood and Staff Sergeant Chad Carpentier, who allegedly cheered while Smith allegedly raped Nicole inside a cruising van at Subic Bay Freeport on Nov. 1.
Nicole’s private lawyer Evalyn Ursua maintained that Nicole’s testimony accusing the four U.S. Marines of rape remains strong.
“They failed to destroy Nicole’s statement,” she said.
Ursua concluded that the defense failed to disprove Nicole’s testimony when it chose not to further throw questions during the cross-examination.
This, after only Patricia Formosa, lawyer of main accused Smith, questioned Nicole on the issues of intoxication and her relationship with U.S. servicemen. The court session lasted for only about 40 minutes.
The defense, headed by lawyer Jose Justiniano, told reporters after the session that Nicole’s testimony was “unreliable”.
Ashamed
Nicole was composed during Friday’s direct examination, compared to the three previous trial days when she narrated the events leading to her alleged rape, which caused her “re-traumatization”.
Formosa asked Nicole to recall the lapses of time in between the drinks that the 22-year old Filipina took on the night of November 1 when the alleged rape occurred. Nicole drunk at least six times at Neptune bar when she was dragged outside by Smith into a waiting van.
Nicole, who begun her direct testimony on July 6, testified that she was too drunk to fight off the sexual assault that happened inside a cruising van.
Asked whether she thought of settling in the U.S., Nicole clarified she would go there only to finally settle with her boyfriend Brian Goodrich. Nicole revealed in her testimony yesterday, that her case has hampered her from processing her papers to the U.S.
But it was Judge Benjamin Pozon’s clarificatory questioning that pushed Nicole at the brink of tears during Friday’s court session.
Pozon asked the details of how Nicole struggled to prevent Smith from assaulting her, and how she subsequently reported to authorities about the alleged rape.
Nicole could only recall that she fought and shouted. But being scared, weak and dizzy from intoxication, her efforts failed.
The judge further asked how Smith played with Nicole’s breast during the assault. The victim looked down and whispered, “Nahihiya ako.” (I am ashamed.)
“How did Smith kiss you on the neck and lips?” asked Pozon.
Nicole answered, “Basta hinalikan lang niya ako.” (All I remembered was that he kissed me.)
When a guard of the Neptune club saw how she was “dumped like a pig” from the van, Pozon asked why she didn’t immediately told him what happened.
She only told the guard that Smith did something “bad” to her. Asked what she meant by “something bad” she told the court, “Rape.”
“Hindi naman ako proud na sabihin sa mga tao na na-rape ako,” (I am not proud to tell other people that I was raped.) she said.
On July 17, the prosecution is set to present Timoteo Soriano, the driver of the rented Starex van where the crime took place. Soriano told authorities during the pre-trial investigation that what happened was gang-rape. But he later recanted his statement and claimed that he was only forced to say so.
The prosecution has presented 20 witnesses, including Nicole, and will present five more in the next trial dates. The panel had originally prepared 40 witnesses, but the number was reduced to 25, because some witnesses would only give supporting testimonies.
Less traumatic
Dr. June Pagaduan-Lopez, a psychiatrist and Nicole’s therapist, heaved a sigh of relief after the short cross-examination.
“We felt relieved because it is now over, it’s less traumatic for Nicole,” said Pagaduan-Lopez.
She asserted that though Nicole suffers from selective memory, it is but natural for victims of sexual assault.
“There are patients who could not remember what happened to them and only through counseling, in the process of recovering, are they able to recall everything,” she said. These patients, she told Bulatlat, would stay “blank” and suffer for long time.
Earlier, she said, Nicole also had to face her anger at the violator who, Lopez noted, has removed from the victim her sense of self-control. She also has to confront her anger at herself for allowing the assault to happen.
This explains Nicole’s sudden outburst the week that she took the witness stand. During Monday’s hearing, Nicole hit Smith with her bag when the latter reportedly tripped her upon entering the courtroom. On Thursday, Nicole told the court she wanted to kill her perpetrators if she could because they destroyed her dignity.
Ryan, 23, Nicole’s older brother said in an interview that the family could now relax after weeks of prayers for his sister.
Ryan said he chose to be with Nicole during the court sessions. His job as sales management officer in a manufacturing company had already been affected by the case.
“Our family even got closer because of this case…our support for her (Nicole) cause remain strong,” he said. Bulatlat
Bulatlat
Her family, lawyers and supporters hugged her and heaved a sigh of relief as Nicole, the 22 year-old Filipina complainant in the Subic rape case, emerged without a tear from the witness stand.
Nicole filed rape charges against main accused Lance Corporal Daniel Smith and three more U.S. Marines namely, Lance Corporals Dominic Duplantis and Keith Silkwood and Staff Sergeant Chad Carpentier, who allegedly cheered while Smith allegedly raped Nicole inside a cruising van at Subic Bay Freeport on Nov. 1.
Nicole’s private lawyer Evalyn Ursua maintained that Nicole’s testimony accusing the four U.S. Marines of rape remains strong.
“They failed to destroy Nicole’s statement,” she said.
Ursua concluded that the defense failed to disprove Nicole’s testimony when it chose not to further throw questions during the cross-examination.
This, after only Patricia Formosa, lawyer of main accused Smith, questioned Nicole on the issues of intoxication and her relationship with U.S. servicemen. The court session lasted for only about 40 minutes.
The defense, headed by lawyer Jose Justiniano, told reporters after the session that Nicole’s testimony was “unreliable”.
Ashamed
Nicole was composed during Friday’s direct examination, compared to the three previous trial days when she narrated the events leading to her alleged rape, which caused her “re-traumatization”.
Formosa asked Nicole to recall the lapses of time in between the drinks that the 22-year old Filipina took on the night of November 1 when the alleged rape occurred. Nicole drunk at least six times at Neptune bar when she was dragged outside by Smith into a waiting van.
Nicole, who begun her direct testimony on July 6, testified that she was too drunk to fight off the sexual assault that happened inside a cruising van.
Asked whether she thought of settling in the U.S., Nicole clarified she would go there only to finally settle with her boyfriend Brian Goodrich. Nicole revealed in her testimony yesterday, that her case has hampered her from processing her papers to the U.S.
But it was Judge Benjamin Pozon’s clarificatory questioning that pushed Nicole at the brink of tears during Friday’s court session.
Pozon asked the details of how Nicole struggled to prevent Smith from assaulting her, and how she subsequently reported to authorities about the alleged rape.
Nicole could only recall that she fought and shouted. But being scared, weak and dizzy from intoxication, her efforts failed.
The judge further asked how Smith played with Nicole’s breast during the assault. The victim looked down and whispered, “Nahihiya ako.” (I am ashamed.)
“How did Smith kiss you on the neck and lips?” asked Pozon.
Nicole answered, “Basta hinalikan lang niya ako.” (All I remembered was that he kissed me.)
When a guard of the Neptune club saw how she was “dumped like a pig” from the van, Pozon asked why she didn’t immediately told him what happened.
She only told the guard that Smith did something “bad” to her. Asked what she meant by “something bad” she told the court, “Rape.”
“Hindi naman ako proud na sabihin sa mga tao na na-rape ako,” (I am not proud to tell other people that I was raped.) she said.
On July 17, the prosecution is set to present Timoteo Soriano, the driver of the rented Starex van where the crime took place. Soriano told authorities during the pre-trial investigation that what happened was gang-rape. But he later recanted his statement and claimed that he was only forced to say so.
The prosecution has presented 20 witnesses, including Nicole, and will present five more in the next trial dates. The panel had originally prepared 40 witnesses, but the number was reduced to 25, because some witnesses would only give supporting testimonies.
Less traumatic
Dr. June Pagaduan-Lopez, a psychiatrist and Nicole’s therapist, heaved a sigh of relief after the short cross-examination.
“We felt relieved because it is now over, it’s less traumatic for Nicole,” said Pagaduan-Lopez.
She asserted that though Nicole suffers from selective memory, it is but natural for victims of sexual assault.
“There are patients who could not remember what happened to them and only through counseling, in the process of recovering, are they able to recall everything,” she said. These patients, she told Bulatlat, would stay “blank” and suffer for long time.
Earlier, she said, Nicole also had to face her anger at the violator who, Lopez noted, has removed from the victim her sense of self-control. She also has to confront her anger at herself for allowing the assault to happen.
This explains Nicole’s sudden outburst the week that she took the witness stand. During Monday’s hearing, Nicole hit Smith with her bag when the latter reportedly tripped her upon entering the courtroom. On Thursday, Nicole told the court she wanted to kill her perpetrators if she could because they destroyed her dignity.
Ryan, 23, Nicole’s older brother said in an interview that the family could now relax after weeks of prayers for his sister.
Ryan said he chose to be with Nicole during the court sessions. His job as sales management officer in a manufacturing company had already been affected by the case.
“Our family even got closer because of this case…our support for her (Nicole) cause remain strong,” he said. Bulatlat
Tuesday, July 11, 2006
Nicole's Injuries Consistent with Rape - Expert
BY JHONG DELA CRUZ
Posted 8:45 p.m. July 11, 2006
During the hearing today, July 11, of the Subic rape trial, forensic expert Dr. Raquel Fortun said that the injuries sustained by Nicole indicate that rape and not consensual sex took place on the night of Nov. 1 last year. This debunked earlier claims by the defense counsels that Nicole gave her consent to have sex with Lance Corporal Daniel Smith, the main suspect in the controversial rape case.
Reading from a medico-legal report earlier presented to the court by Dr. Rolando Ortiz III, Fortun cited the contusions on both sides of the labia minora, which were indicative of forcible entry by a blunt object.
Nicole sustained five contusions, two of which were located on her left and right arms, one near the right wrist, on the right leg and inside her private part. Fortun said that the first two contusions are correlated "in terms of how they were sustained."
The contusions in her labia minora were due to blunt force. "This could be a result of forcible penetration in the opening either by a blunt object or by an erect penis," said the forensic pathologist.
Fortun noted that the dark red color of the contusions and the presence of unusual tenderness, as the report read, indicate that there is pain.
"In a normal consensual sexual activity, injuries in the genitalia are unusual, but if non-consensual, injuries in the genitalia would be consistent to that of the extra-genitalia injuries," she said.
She said that injuries could occur depending on the position or tilt of the pelvis and if the female partner is not relaxed and resists. The result, she said, would be that the sustaining injury would be "higher" because the vagina is not receptive to the thrust of the penis.
She noted that in a consensual sex, there would be lubrication by the vagina to facilitate the entry of the penis, citing a 1997 book entitled “Sexual Assault.”
Private prosecutor Evalyn Ursua said that Fortun's interpretation of the medico-legal report has corroborated the claim by the complainant that rape was committed.
The prosecution also argued that the absence of seminal fluid in the condom and underwear would not sufficiently support the defense panel's claim that there was no intercourse. Fortun said that the method used by the Philippine National Police (PNP) crime laboratory in examining the two specimens, the condom and underwear, were "obsolete" and is no longer used in modern-day testing.
The PNP crime laboratory used the Florence test in concluding that there was no seminal stain found in the two specimens. Fortun said the method is never or hardly ever mentioned in modern-day medical literature because of its "unreliability".
Citing the book “Modern Day Investigation,” published in 1952, Fortun told the court that Florence test, used since 1896, has limitations because it is not specific.
Defense counsel Jose Justiniano reacted saying "It is unfair (to the police) to be labelled as ignoramus."
Chief Inspector Mamerto Bernabe Jr. conducted the testing on the condom. But he is currently undergoing training in the U.S. and will return only later this year.
"What Dr. Fortun had said is that the results of the testing of the two specimens are unreliable because of the method used. This should tell our police to update their method…dapat magkaroon ng pagbabago sa examination ng specimens," (There should be an improvement in the method of examining specimens.) Ursua said.
The prosecution also urged the court to accept literature citing the use of condom by a few rapists to save themselves from acquiring diseases or to evade leaving sperm from which their DNA can be taken.
When asked by Bulatlat about the condition of Nicole, Dr. June Pagaduan-Lopez, the therapist of the 22-year old victim, said, "As you see, Nicole is managing…nakakaraos naman." (She is able to get by.)
Nicole was angered Monday when she was allegedly tripped by Smith while entering the courtroom, prompting her to hit the U.S. Marine with her bag.
Lopez said that Nicole's outburst of anger was "healthy" because it is now directed towards the right subject.
The prosecution is leading a six-month old court battle for Nicole who filed rape charges against Smith and three more U.S. Marines namely, Lance Corporals Dominic Duplantis and Keith Silkwood and Staff Sergeant Chad Carpentier, who allegedly cheered while Smith was allegedly raping Nicole inside a cruising van at Subic Bay Freeport. Bulatlat
Posted 8:45 p.m. July 11, 2006
During the hearing today, July 11, of the Subic rape trial, forensic expert Dr. Raquel Fortun said that the injuries sustained by Nicole indicate that rape and not consensual sex took place on the night of Nov. 1 last year. This debunked earlier claims by the defense counsels that Nicole gave her consent to have sex with Lance Corporal Daniel Smith, the main suspect in the controversial rape case.
Reading from a medico-legal report earlier presented to the court by Dr. Rolando Ortiz III, Fortun cited the contusions on both sides of the labia minora, which were indicative of forcible entry by a blunt object.
Nicole sustained five contusions, two of which were located on her left and right arms, one near the right wrist, on the right leg and inside her private part. Fortun said that the first two contusions are correlated "in terms of how they were sustained."
The contusions in her labia minora were due to blunt force. "This could be a result of forcible penetration in the opening either by a blunt object or by an erect penis," said the forensic pathologist.
Fortun noted that the dark red color of the contusions and the presence of unusual tenderness, as the report read, indicate that there is pain.
"In a normal consensual sexual activity, injuries in the genitalia are unusual, but if non-consensual, injuries in the genitalia would be consistent to that of the extra-genitalia injuries," she said.
She said that injuries could occur depending on the position or tilt of the pelvis and if the female partner is not relaxed and resists. The result, she said, would be that the sustaining injury would be "higher" because the vagina is not receptive to the thrust of the penis.
She noted that in a consensual sex, there would be lubrication by the vagina to facilitate the entry of the penis, citing a 1997 book entitled “Sexual Assault.”
Private prosecutor Evalyn Ursua said that Fortun's interpretation of the medico-legal report has corroborated the claim by the complainant that rape was committed.
The prosecution also argued that the absence of seminal fluid in the condom and underwear would not sufficiently support the defense panel's claim that there was no intercourse. Fortun said that the method used by the Philippine National Police (PNP) crime laboratory in examining the two specimens, the condom and underwear, were "obsolete" and is no longer used in modern-day testing.
The PNP crime laboratory used the Florence test in concluding that there was no seminal stain found in the two specimens. Fortun said the method is never or hardly ever mentioned in modern-day medical literature because of its "unreliability".
Citing the book “Modern Day Investigation,” published in 1952, Fortun told the court that Florence test, used since 1896, has limitations because it is not specific.
Defense counsel Jose Justiniano reacted saying "It is unfair (to the police) to be labelled as ignoramus."
Chief Inspector Mamerto Bernabe Jr. conducted the testing on the condom. But he is currently undergoing training in the U.S. and will return only later this year.
"What Dr. Fortun had said is that the results of the testing of the two specimens are unreliable because of the method used. This should tell our police to update their method…dapat magkaroon ng pagbabago sa examination ng specimens," (There should be an improvement in the method of examining specimens.) Ursua said.
The prosecution also urged the court to accept literature citing the use of condom by a few rapists to save themselves from acquiring diseases or to evade leaving sperm from which their DNA can be taken.
When asked by Bulatlat about the condition of Nicole, Dr. June Pagaduan-Lopez, the therapist of the 22-year old victim, said, "As you see, Nicole is managing…nakakaraos naman." (She is able to get by.)
Nicole was angered Monday when she was allegedly tripped by Smith while entering the courtroom, prompting her to hit the U.S. Marine with her bag.
Lopez said that Nicole's outburst of anger was "healthy" because it is now directed towards the right subject.
The prosecution is leading a six-month old court battle for Nicole who filed rape charges against Smith and three more U.S. Marines namely, Lance Corporals Dominic Duplantis and Keith Silkwood and Staff Sergeant Chad Carpentier, who allegedly cheered while Smith was allegedly raping Nicole inside a cruising van at Subic Bay Freeport. Bulatlat
Saturday, July 08, 2006
Nicole’s Ordeal Should Educate
(published in Bulatlat.com, reporter's copy)
Women undergoing the same ordeal as that of Nicole’s can learn a lot from the 22-year old Filipina’s trial by invoking the same confidence and courage that she had shown.
Nicole mustered enough courage to tell her story in a packed courtroom on Thursday during her first testimony on witness stand. Although emotional, even crying and faltering at times, months of counseling and de-briefing paid up during her testimony at the Makati regional trial court branch-139.
Dr. June Pagaduan-Lopez, Nicole’s therapist, stressed that the media are crucial in telling the victim’s side of the story, but more importantly, it can raise awareness of the public toward women’s rights, victim’s plight and even the political or economic accords binding the Philippines with imperial countries like the United States that had impacted Filipino women in years.
Tool for truth
A basic step in telling the truth about abuse is learning to tell it by details, said Lopez, who is undertaking counseling for five to six more victims of rape.
In unveiling their ordeal, victims tend to be illogical and selective in recalling memories. This is expected of them especially those who suffer trauma, said Lopez.
Details may be obscure at the beginning as a manifestation of a victim’s rigid “re -traumatization.” Such painstaking process would slowly match portions of the mistreatment to complete the whole picture of abuse, which requires weekly doze of administering as in the case of Nicole.
Lopez noted that for twice a week in months before Nicole’s testimony, she conducted counseling sessions for the victim. But now that it is Nicole’s time on the witness stand, their chance to talk has been reduced to only one.
To regain trust, Nicole also had to face anger at the violator who, Lopez noted, has removed from the victim her sense of self-control; and anger at herself for allowing the assault to happen.
A victim can feel so down for quite a time, which could be slowed down through drug such as anti-depressants, she said. Nicole had to take anti-depressant drug only in April.
Establishing safety, psychologically and emotionally would help the victims accept their ordeal and lead them to re-tell their stories but this time, with a different view instead of distrust and deceit.
Courage to fight
Lopez revealed what kept Nicole assured was the “unconditional support from her family” who backed her struggle for justice.
“It was easy for her to keep silent or just compromise, but she chose to fight. Her courage is her contribution to the Philippine society,” said the therapist, adding that Nicole’s testimony, opened publicly, was also aimed at generating sympathy for all the victims of sexual assault.
The prosecution panel is leading a six-month old court proceedings for Nicole after that faithful day on November 1 last year when a vacation spree in Subic Bay Freeport turned into nightmare.
Lopez warned Nicole’s recollection of the sexual assault may cause her chronic post traumatic stress disorder, one which is irreversible. This early, Nicole is experiencing severe traumatic stress after appearing before a public to testify and narrate in details what transpired on the night of November 1.
Nicole, who tags along her mother during court hearings, apparently still suffering from severe stress the day before, wasn’t able to show up on Friday to continue her trial. Private lawyer Evalyn Ursua of the Women’s Legal Bureau, relayed to the court that Nicole would like to take a rest.
Senior state prosecutor Emily Fe delos Santos said they hope Nicole will regain composure before Monday to continue her testimony and face for the second time around, the four U.S. service men that allegedly connived to undertake the sexual assault.
Cries
Nicole burst into tears five times during her nearly four-hour testimony on Thursday, where she positively identified Lance Cpl. Daniel Smith as the one who undertook the sexual assault.
Smith was said to have been cheered on by Lance Corporal Dominic Duplantis, Keith Silkwood and Staff Sergeant Chad Carpentier during the sexual assault inside a moving van.
Lopez said crying helped Nicole recover her composure while on stand. She or Nicole’s mother immediately ran to her side whenever she cried, giving her fighting words such as, “Huwag [kang] pa-baby-baby dahil pagkatao [mo] ang ipinaglalaban natin dito,” or “Kaya mo yan nandito lang kami.”
Lopez said on these occasions, Nicole felt betrayed as she was used to meeting and being nice to U.S. soldiers back in their hometown in Zamboanga, where she managed a family-owned canteen, only a stone’s throw away from a detachment that housed the soldiers participating in the joint military exercises last year.
The canteen would serve as hang-out for the soldiers, who during vacant hours would play cards with Nicole and her siblings, or just chat with them. The soldiers in exchange would entrust withdrawing their money to Nicole or her siblings from the ATM.
Two soldiers eventually won their trust, Carlos Ocasio and Chris Mills of the U.S. Navy, who were treated as members of the family. Another one, Brian Goodrich, a U.S. soldier with the 12th Marines Operations Platoon based in Okinawa, Japan became her boyfriend.
Nicole had said words like, “trusted”,“feeling safe”, “pinapahalagahan” and “sanay” to show how established was her relationships with the foreign soldiers. This bond would later make her decide together with two half-sisters, to accept Ocasio and Mill’s invitation to Subic in Zambales to visit popular attractions a week before October 30, their travel date.
When they arrived in Subic on Oct. 30 by plane, also a former base for U.S. army in the 80’s, they didn’t stay long at Legenda Hotel and immediately transferred to Grand Leisure Hotel, where they would be staying for three nights.
For the next two days and two nights, Nicole and stepsister Annaliza Franco, would spend their time in bars, casino and duty free shops. Until Nov. 1, a Tuesday and holiday, when at noon, they went to San Roque Chapel to pay tribute to her father, also a Philippine Navy officer at the time of his death in 1989.
Back at the hotel at about 6:30 p.m., she and Annaliza met Mills who introduced them with one “Garcia”, the latter’s liberty buddy. After eating pizza, they proceeded to the casino and played until 8:20 p.m.
Neptune
The first time Nicole saw Neptune bar on Oct. 30, she liked dancing.
The second time she went to Neptune with Chris, Annaliza and Garcia, she liked to drink thinking she was on vacation to enjoy. Here, she was familiarized to alcoholic drinks like vodka sprite, B52, B53, Singaporean sling, Long Island ice tea and Bullfrog.
She remembered drinking some “bottoms up or straight,” some, half a glass and some, half a pitcher.
Between 8:30 and 9 p.m., after four rounds of orders, Chris, Annaliza and Nicole danced. While dancing, she remembered being pulled off by the wrist by a foreigner, away from the two.
“Natakot ako…hindi ko siya kilala tapos bigla niya akong hinila,” she told the court.
She threw a dagger look at Mills, intending to ask whether it was alright to dance with a stranger. Mills responded saying, “It’s okay, go on…enjoy,” adding a reminder to Smith to take care of her.
Their first encounter lasted for about three to four songs, where Nicole asked the foreigner questions like, from what branch of service does he belong, how old he is and from state in U.S. he lives.
Nicole, feeling dizzy at this time, was only able to recall hearing his name, “Gerard” or “Genard,” and his age, at 20, his line of service, “Marines.”
The service man, she observed has a heart-shaped face, white-skinned and tall.
From there, now at their table, Nicole recalled seeing 2 to 3 U.S. service women whom she earlier met in Zamboanga. She said she felt “safe” upon seeing them.
After drinking Long Island ice tea, she and Annaliza again danced at the floor of the bar. Feeling even dizzier, she couldn’t recall why suddenly Smith had appeared and Annaliza, gone.
“Natatandaan ko na nakaharap ako sa kanya, pinapatalikod niya ako pero everytime [na gawin niya ito] humaharap ako.”
She likes facing her partner during dances, she said. For three of four times, Smith was doing this, she added.
After dancing she recalled being able to drink half a pitcher of Bullfrog, this time, he noticed three foreigners facing her at the table. The three were cheering her on, “Whoa!”
Losing track of time, she only remembered being asked to get out of the bar by Smith, saying it was hot inside. She refused, saying she was waiting for her sister.
Smith was insistent, grabbing her by the wrist, and by a hazy memory, she remembered seeing an identification card but failing to recall what was written on it.
Last time she knew, “May nakapatong na sa akin, nakahiga ako…nararamdaman ko [ang] weight niya…hinahalikan niya ako.”
Asked in what position she was in, she said, “Nakatihaya po,” and who was on top of her, “Si Smith po.”
The courtroom fell silent at 4:10 p.m. while the young Filipina cried and sobbed for the fifth time, prompting Judge Benjamin Pozon to adjourn the trial for continuation.
Political issue
Chants from militant groups can be heard from inside the courtroom, fighting for Nicole and against unfair policies that the Philippines had entered into with the U.S.
Dr. Lopez said somehow, Nicole has appreciated the attention her case has been getting from the media. In turn, she is being educated by the circumstances her ordeal had brought to the public.
Her family would rather prefer an “unpoliticized” treatment of the case, but this is inevitable since policies concerning two governments that wanted tighter accords on security were factor in the context of the controversial rape case.
The prosecution is contesting the provisions in the Visiting Forces Agreement that limit the period wherein U.S. servicemen could only be tried under a Philippine court to only one year.
Lopez said the provision would only benefit the accused, while forcing the complainant’s party to scrimp with the remaining six months of the year.
In June, Ursua had filed a petition for certiorari seeking full custody of the four U.S. servicemen involved in the rape case. If granted, this would prevent the soldiers from getting off the hook, as in the previous cases involving U.S. soldiers, she noted.
For her part, Nicole could seek refuge from support groups holding various forms of protest to back her case, which according to Lopez, is also “therapeutic.”
Apart from militant Gabriela, logistics for Nicole’s trial is being supported by another non-government organization, TOWNS (Ten Outstanding Women of the Nation in Service).
Looking ahead more constructively, Nicole should be able to learn to convert her ordeal into “advocacy” where she could become a counsel or organizer for those who have become prey to rape and sexual abuse.
This, she noted, if the Philippine justice system sides with Nicole, who has become an embodiment of a woman’s courage to face her trial, with fellow women behind her.#
Women undergoing the same ordeal as that of Nicole’s can learn a lot from the 22-year old Filipina’s trial by invoking the same confidence and courage that she had shown.
Nicole mustered enough courage to tell her story in a packed courtroom on Thursday during her first testimony on witness stand. Although emotional, even crying and faltering at times, months of counseling and de-briefing paid up during her testimony at the Makati regional trial court branch-139.
Dr. June Pagaduan-Lopez, Nicole’s therapist, stressed that the media are crucial in telling the victim’s side of the story, but more importantly, it can raise awareness of the public toward women’s rights, victim’s plight and even the political or economic accords binding the Philippines with imperial countries like the United States that had impacted Filipino women in years.
Tool for truth
A basic step in telling the truth about abuse is learning to tell it by details, said Lopez, who is undertaking counseling for five to six more victims of rape.
In unveiling their ordeal, victims tend to be illogical and selective in recalling memories. This is expected of them especially those who suffer trauma, said Lopez.
Details may be obscure at the beginning as a manifestation of a victim’s rigid “re -traumatization.” Such painstaking process would slowly match portions of the mistreatment to complete the whole picture of abuse, which requires weekly doze of administering as in the case of Nicole.
Lopez noted that for twice a week in months before Nicole’s testimony, she conducted counseling sessions for the victim. But now that it is Nicole’s time on the witness stand, their chance to talk has been reduced to only one.
To regain trust, Nicole also had to face anger at the violator who, Lopez noted, has removed from the victim her sense of self-control; and anger at herself for allowing the assault to happen.
A victim can feel so down for quite a time, which could be slowed down through drug such as anti-depressants, she said. Nicole had to take anti-depressant drug only in April.
Establishing safety, psychologically and emotionally would help the victims accept their ordeal and lead them to re-tell their stories but this time, with a different view instead of distrust and deceit.
Courage to fight
Lopez revealed what kept Nicole assured was the “unconditional support from her family” who backed her struggle for justice.
“It was easy for her to keep silent or just compromise, but she chose to fight. Her courage is her contribution to the Philippine society,” said the therapist, adding that Nicole’s testimony, opened publicly, was also aimed at generating sympathy for all the victims of sexual assault.
The prosecution panel is leading a six-month old court proceedings for Nicole after that faithful day on November 1 last year when a vacation spree in Subic Bay Freeport turned into nightmare.
Lopez warned Nicole’s recollection of the sexual assault may cause her chronic post traumatic stress disorder, one which is irreversible. This early, Nicole is experiencing severe traumatic stress after appearing before a public to testify and narrate in details what transpired on the night of November 1.
Nicole, who tags along her mother during court hearings, apparently still suffering from severe stress the day before, wasn’t able to show up on Friday to continue her trial. Private lawyer Evalyn Ursua of the Women’s Legal Bureau, relayed to the court that Nicole would like to take a rest.
Senior state prosecutor Emily Fe delos Santos said they hope Nicole will regain composure before Monday to continue her testimony and face for the second time around, the four U.S. service men that allegedly connived to undertake the sexual assault.
Cries
Nicole burst into tears five times during her nearly four-hour testimony on Thursday, where she positively identified Lance Cpl. Daniel Smith as the one who undertook the sexual assault.
Smith was said to have been cheered on by Lance Corporal Dominic Duplantis, Keith Silkwood and Staff Sergeant Chad Carpentier during the sexual assault inside a moving van.
Lopez said crying helped Nicole recover her composure while on stand. She or Nicole’s mother immediately ran to her side whenever she cried, giving her fighting words such as, “Huwag [kang] pa-baby-baby dahil pagkatao [mo] ang ipinaglalaban natin dito,” or “Kaya mo yan nandito lang kami.”
Lopez said on these occasions, Nicole felt betrayed as she was used to meeting and being nice to U.S. soldiers back in their hometown in Zamboanga, where she managed a family-owned canteen, only a stone’s throw away from a detachment that housed the soldiers participating in the joint military exercises last year.
The canteen would serve as hang-out for the soldiers, who during vacant hours would play cards with Nicole and her siblings, or just chat with them. The soldiers in exchange would entrust withdrawing their money to Nicole or her siblings from the ATM.
Two soldiers eventually won their trust, Carlos Ocasio and Chris Mills of the U.S. Navy, who were treated as members of the family. Another one, Brian Goodrich, a U.S. soldier with the 12th Marines Operations Platoon based in Okinawa, Japan became her boyfriend.
Nicole had said words like, “trusted”,“feeling safe”, “pinapahalagahan” and “sanay” to show how established was her relationships with the foreign soldiers. This bond would later make her decide together with two half-sisters, to accept Ocasio and Mill’s invitation to Subic in Zambales to visit popular attractions a week before October 30, their travel date.
When they arrived in Subic on Oct. 30 by plane, also a former base for U.S. army in the 80’s, they didn’t stay long at Legenda Hotel and immediately transferred to Grand Leisure Hotel, where they would be staying for three nights.
For the next two days and two nights, Nicole and stepsister Annaliza Franco, would spend their time in bars, casino and duty free shops. Until Nov. 1, a Tuesday and holiday, when at noon, they went to San Roque Chapel to pay tribute to her father, also a Philippine Navy officer at the time of his death in 1989.
Back at the hotel at about 6:30 p.m., she and Annaliza met Mills who introduced them with one “Garcia”, the latter’s liberty buddy. After eating pizza, they proceeded to the casino and played until 8:20 p.m.
Neptune
The first time Nicole saw Neptune bar on Oct. 30, she liked dancing.
The second time she went to Neptune with Chris, Annaliza and Garcia, she liked to drink thinking she was on vacation to enjoy. Here, she was familiarized to alcoholic drinks like vodka sprite, B52, B53, Singaporean sling, Long Island ice tea and Bullfrog.
She remembered drinking some “bottoms up or straight,” some, half a glass and some, half a pitcher.
Between 8:30 and 9 p.m., after four rounds of orders, Chris, Annaliza and Nicole danced. While dancing, she remembered being pulled off by the wrist by a foreigner, away from the two.
“Natakot ako…hindi ko siya kilala tapos bigla niya akong hinila,” she told the court.
She threw a dagger look at Mills, intending to ask whether it was alright to dance with a stranger. Mills responded saying, “It’s okay, go on…enjoy,” adding a reminder to Smith to take care of her.
Their first encounter lasted for about three to four songs, where Nicole asked the foreigner questions like, from what branch of service does he belong, how old he is and from state in U.S. he lives.
Nicole, feeling dizzy at this time, was only able to recall hearing his name, “Gerard” or “Genard,” and his age, at 20, his line of service, “Marines.”
The service man, she observed has a heart-shaped face, white-skinned and tall.
From there, now at their table, Nicole recalled seeing 2 to 3 U.S. service women whom she earlier met in Zamboanga. She said she felt “safe” upon seeing them.
After drinking Long Island ice tea, she and Annaliza again danced at the floor of the bar. Feeling even dizzier, she couldn’t recall why suddenly Smith had appeared and Annaliza, gone.
“Natatandaan ko na nakaharap ako sa kanya, pinapatalikod niya ako pero everytime [na gawin niya ito] humaharap ako.”
She likes facing her partner during dances, she said. For three of four times, Smith was doing this, she added.
After dancing she recalled being able to drink half a pitcher of Bullfrog, this time, he noticed three foreigners facing her at the table. The three were cheering her on, “Whoa!”
Losing track of time, she only remembered being asked to get out of the bar by Smith, saying it was hot inside. She refused, saying she was waiting for her sister.
Smith was insistent, grabbing her by the wrist, and by a hazy memory, she remembered seeing an identification card but failing to recall what was written on it.
Last time she knew, “May nakapatong na sa akin, nakahiga ako…nararamdaman ko [ang] weight niya…hinahalikan niya ako.”
Asked in what position she was in, she said, “Nakatihaya po,” and who was on top of her, “Si Smith po.”
The courtroom fell silent at 4:10 p.m. while the young Filipina cried and sobbed for the fifth time, prompting Judge Benjamin Pozon to adjourn the trial for continuation.
Political issue
Chants from militant groups can be heard from inside the courtroom, fighting for Nicole and against unfair policies that the Philippines had entered into with the U.S.
Dr. Lopez said somehow, Nicole has appreciated the attention her case has been getting from the media. In turn, she is being educated by the circumstances her ordeal had brought to the public.
Her family would rather prefer an “unpoliticized” treatment of the case, but this is inevitable since policies concerning two governments that wanted tighter accords on security were factor in the context of the controversial rape case.
The prosecution is contesting the provisions in the Visiting Forces Agreement that limit the period wherein U.S. servicemen could only be tried under a Philippine court to only one year.
Lopez said the provision would only benefit the accused, while forcing the complainant’s party to scrimp with the remaining six months of the year.
In June, Ursua had filed a petition for certiorari seeking full custody of the four U.S. servicemen involved in the rape case. If granted, this would prevent the soldiers from getting off the hook, as in the previous cases involving U.S. soldiers, she noted.
For her part, Nicole could seek refuge from support groups holding various forms of protest to back her case, which according to Lopez, is also “therapeutic.”
Apart from militant Gabriela, logistics for Nicole’s trial is being supported by another non-government organization, TOWNS (Ten Outstanding Women of the Nation in Service).
Looking ahead more constructively, Nicole should be able to learn to convert her ordeal into “advocacy” where she could become a counsel or organizer for those who have become prey to rape and sexual abuse.
This, she noted, if the Philippine justice system sides with Nicole, who has become an embodiment of a woman’s courage to face her trial, with fellow women behind her.#
Yey (songs from Jack Johnson and Friends)
LULLABY
when youre so lonely
lyin in bed
nights closed its eyes
but you cant rest your head
everyones sleepin
all through the house
you wish you could dream
but forgot to somehow
sing this lullaby to yourself
sing this lullaby to yourself
and if you are waitin
waitin for me
ill be home soon darling
i guarantee
ill be home sunday
just in one week
dry up your tears
if you start to weep
and sing this lullaby to yourself
sing this lullaby to yourself
lullaby, im not nearby
sing this lullaby to yourself
dont you cry
no dont you cry
sing this lullaby to yourself
cos when i arrive dear
it wont be that long
no it wont seem like anytime
that ive been gone
it aint the first time
it wont be the last
wont you remember these words
to help the time pass
so when youre so lonely
lyin in bed
and nights closed its eyes
but you cant rest your head
everyones sleepin
all through the house
you wish you could dream
but forgot to somehow
sing this lullaby to yourself
sing this lullaby to yourself
sing this lullaby, sing this lullaby
sing this lullaby to yourself
We're going to be friends
fall is here, hear the yell
back to school, ring the bell
brand new shoes, walkin blues
climb the fence, books and pens
i can tell that we are gonna be friends
yes i can tell that we are gonna be friends
walk with me, susie lee
through the park, and by the tree
we can rest upon the ground
and look at all the bugs we found
safely walk to school without a sound
we safely walk to school without a sound
well here we are, no one else
we walk to school all by ourselves
theres dirt on our uniforms
from chasing all the ants and worms
we clean up and now its time to learn
we clean up and now its time to learn
numbers letters, learn to spell
nouns and books, and show and tell
play time we will throw the ball
then back to class, through the hall
teacher marks our height against the wall
the teacher marks our height against the wall
we dont notice any time pass
cos we dont notice anything
we sit side by side in every class
the teacher thinks that i sound funny
but she likes it when you sing
tonight ill dream, in my bed
while silly thoughts, run through my head
of the bugs, and alphabet
and when i wake tomorrow ill bet
you and i will walk together again
cos i can tell that we are gonna be friends
yes i can tell that we are gonna be friends
with my own two hands
i can change the world
with my own two hands
make it a better place
with my own two hands
make it a kinder place
with my own two hands
with my own, with my own two hands
i can make peace on earth
with my own two hands
i can clean up the earth
with my own two hands
i can reach out to you
with my own two hands
with my own, with my own two hands
with my own, with my own two hands
im gonna make it a brighter place
with my own two hands
im gonna make it a safer place
with my own two hands
im gonna help the human race
with my own two hands
with my own, with my own two hands
with my own, with my own two hands
i can hold you
in my own two hands
and i can comfort you
with my own two hands
but you got to use
use your own two hands
use your own, use your own two hands
use your own, use your own two hands
with our own, with our own two hands
with our own, with our own two hands
with my own, with my own two hands
when youre so lonely
lyin in bed
nights closed its eyes
but you cant rest your head
everyones sleepin
all through the house
you wish you could dream
but forgot to somehow
sing this lullaby to yourself
sing this lullaby to yourself
and if you are waitin
waitin for me
ill be home soon darling
i guarantee
ill be home sunday
just in one week
dry up your tears
if you start to weep
and sing this lullaby to yourself
sing this lullaby to yourself
lullaby, im not nearby
sing this lullaby to yourself
dont you cry
no dont you cry
sing this lullaby to yourself
cos when i arrive dear
it wont be that long
no it wont seem like anytime
that ive been gone
it aint the first time
it wont be the last
wont you remember these words
to help the time pass
so when youre so lonely
lyin in bed
and nights closed its eyes
but you cant rest your head
everyones sleepin
all through the house
you wish you could dream
but forgot to somehow
sing this lullaby to yourself
sing this lullaby to yourself
sing this lullaby, sing this lullaby
sing this lullaby to yourself
We're going to be friends
fall is here, hear the yell
back to school, ring the bell
brand new shoes, walkin blues
climb the fence, books and pens
i can tell that we are gonna be friends
yes i can tell that we are gonna be friends
walk with me, susie lee
through the park, and by the tree
we can rest upon the ground
and look at all the bugs we found
safely walk to school without a sound
we safely walk to school without a sound
well here we are, no one else
we walk to school all by ourselves
theres dirt on our uniforms
from chasing all the ants and worms
we clean up and now its time to learn
we clean up and now its time to learn
numbers letters, learn to spell
nouns and books, and show and tell
play time we will throw the ball
then back to class, through the hall
teacher marks our height against the wall
the teacher marks our height against the wall
we dont notice any time pass
cos we dont notice anything
we sit side by side in every class
the teacher thinks that i sound funny
but she likes it when you sing
tonight ill dream, in my bed
while silly thoughts, run through my head
of the bugs, and alphabet
and when i wake tomorrow ill bet
you and i will walk together again
cos i can tell that we are gonna be friends
yes i can tell that we are gonna be friends
with my own two hands
i can change the world
with my own two hands
make it a better place
with my own two hands
make it a kinder place
with my own two hands
with my own, with my own two hands
i can make peace on earth
with my own two hands
i can clean up the earth
with my own two hands
i can reach out to you
with my own two hands
with my own, with my own two hands
with my own, with my own two hands
im gonna make it a brighter place
with my own two hands
im gonna make it a safer place
with my own two hands
im gonna help the human race
with my own two hands
with my own, with my own two hands
with my own, with my own two hands
i can hold you
in my own two hands
and i can comfort you
with my own two hands
but you got to use
use your own two hands
use your own, use your own two hands
use your own, use your own two hands
with our own, with our own two hands
with our own, with our own two hands
with my own, with my own two hands
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