VZCZCXRO7521
OO RUEHNH
DE RUEHML #4015 3550941
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O 210941Z DEC 07
FM AMEMBASSY MANILA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 9258
INFO RUEHNH/AMCONSUL NAHA IMMEDIATE 0111
RHEHNSC/NSC WASHDC IMMEDIATE
RHHMUNA/CDRUSPACOM HONOLULU HI IMMEDIATE
RUEKJCS/JOINT STAFF WASHINGTON DC IMMEDIATE
RUEKJCS/SECDEF WASHDC IMMEDIATE

UNCLAS MANILA 004015 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL MARR KCRM CASC RP
SUBJECT: MARINE CASE UPDATE: APPEALS COURT DECISION NO 
LATER THAN OCTOBER 2008 
 
REF: MANILA 3166 AND PREVIOUS 
 
¶1.  (U)  Lance Corporal Daniel J. Smith remains in U.S. 
custody on the Chancery grounds and continues to receive 
regular visits from his Philippine pastors and lawyers.  He 
is in good physical condition and follows a daily exercise 
routine. 
 
¶2.  (SBU) Commander Gary Hoyt, a psychiatrist, and Chaplain 
Tom Devane, both from III Marine Expeditionary Force, visited 
Smith on December 9.  They noted Smith's good morale and 
reported no problems. 
 
¶3.  (SBU) Philippine Department of Interior and Local 
Government Undersecretary Corpus visited Smith December 17. 
The visit -- the first since September -- lasted less than 15 
minutes and was without incident.  U/S Corpus told polcouns 
that such visits are essential to reassure the Philippine 
press that Smith remains in custody. 
 
¶4.  (U) There were no Marine-case related demonstrations in 
September, October, and November.  However, approximately 30 
anti-VFA protesters calling themselves the "League of 
Filipino Students" demonstrated in front of the U.S. Embassy 
on December 2.  Another demonstration by approximately 100 
protesters from left-leaning groups, including the League of 
Filipino Students, and Gabriela, a women's rights 
organization, also took place in front of the U.S. Embassy 
December 4, the anniversary of the trial court's verdict. 
The Philippine National Police assisted U.S. Embassy security 
in managing the demonstrations and there were no incidents. 
 
¶5.  (U)  Media coverage of the case has decreased 
substantially over the last few months but some national TV 
and press stories or commentary appear around significant 
dates associated with the case.  The Public Affairs Section 
continues to receive inquiries from local media about the 
status of the case, and requests for interviews with Smith, 
in part to assure that Smith remains in the Philippines. 
Embassy response is to emphasize that Smith remains in USG 
custody in the Philippines, and refer questions about the 
legal status of the case to Smith's lawyer.  For the last 
year, Smith has declined requests for interviews. 
 
----------------------------------- 
DECISION NO LATER THAN OCTOBER 2008 
----------------------------------- 
 
¶6.  (SBU) The Court of Appeals reported October 15 that the 
case had been "submitted for resolution," indicating that the 
parties had filed all pertinent briefs, the trial court had 
submitted the complete record, and the Appeals Court had 
selected the three justices who will decide the case.  While 
various Embassy contacts had initially reported that the 
decision could come as early as January 2008, Associate 
Solicitor Earl Warren Castillo, who is handling the Marine 
Case at the Solicitor General's Office, asserted 
unequivocally that the Court of Appeals has 12 months from 
the time a case is "submitted for resolution"  -- in this 
case October 15 -- to issue a decision.  Castillo cited the 
Philippine Constitution, which states that "all cases or 
matters filed after the effectivity of this Constitution must 
be decided or resolved within twenty-four months from date of 
submission for the Supreme Court, and, unless reduced by the 
Supreme Court, twelve months for all lower collegiate courts, 
and three months for all other lower courts."  Castillo's 
view contradicts what we have heard from others, including 
Smith's defense attorney, and the Solicitor General's office 
itself, but because of his reference to the Constitution, we 
believe it to be correct.  Thus, while the Appeals Court 
decision could come earlier, it should not come later than 
October 2008.  The ruling could then be appealed to the 
Supreme Court. 
 
 
Visit Embassy Manila's Classified SIPRNET website: 
http://www.state.sgov.gov/p/eap/manila/index. cfm 
 
You can also access this site through the State Department's 
Classified SIPRNET website: 
http:// www.state.sgov.gov/ 
KENNEY