DFA STATEMENT

 ON THE DECISION OF

THE REGIONAL TRIAL COURT OF MAKATI

4 December 2006

The Regional Trial Court of Makati, Branch 139, has rendered its decision in Criminal Case No. 06-651.

We take note of the order of commitment issued by the court directing the confinement at the Makati City Jail of Lance Corporal Daniel Smith, as well as the statements made by the court in response to the oral Motion of the defense counsel.

We understand that a Notice of Appeal of the decision has been filed by the lawyers of Lance Corporal Smith.

The Secretary of Justice has earlier clarified that pursuant to the provisions of the RP-US Visiting Forces Agreement, the custody of the accused remains with the US authorities until the completion of all judicial proceedings. The Department's further action on this case will be coordinated with the Department of Justice.  END

/epa

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