Verdict on the Subic Rape Case

At exactly 12:00 o’clock noon today, the Regional Trial Court of Makati City acting through Judge Benjamin Pozon, handed down the verdict on the four U.S. Servicemen of USS Essex for alledgedly raping ‘Nicole’  in Subic last November of 2005. After a little more than one year of trial and countless controversies and issues regarding the case, the RTC of Makati acquitted three (3) of the accused and found LCP Daniel Smith, the prime suspect, guilty beyond reasonable doubt of the crime charged and meted a penalty of reclusion perpetua (life imprisonment) and ordered to pay the victim Php 100,000.00 in Moral and Compensatory Damages.


This case has the making of becoming a landmark case of U.S. Servicemen accused of Rape and tried in a local court. Justice may have been (half) served for Nicole and not served at all for Smith. It is still a long battle between the two parties and it will be the Supreme Court that will ultimately decide on the matter. It is a fight almost done for Nicole and a new one for Smith. 

For Nicole, my utmost admiration for your courage and unwavering faith in the justice system and Philippine law. In the end, may justice be truly served!

See a video of the dispositive portion of the Decision in the next page:

Postcript: After the Court declared that LCP Daniel Smith shall in the meantime be detained at the Makati City Jail, Nicole was seen to have jumped from her seat out of joy. However, the Decision is clear that pending agreement on his detention under the Visiting Forces Agreement, he will remain at the Makati City Jail.

Related Post: There are Supporters for Daniel Smith!


Gallery | This entry was posted in C. AWAN LAENG (Whatever!), Events, People. Bookmark the permalink.

30 Responses to Verdict on the Subic Rape Case

  1. Karen Jones says:

    Unfair credit agreements? Some aren’t unfair at all but its worth checking. Good article though

  2. darius says:

    lol si nicole titira na raw sa america! diba mga supporters nya ANTI-AMERICA, tapos ayan sa US na raw titira si nicole hahahahaha

    nicole’s supporters are anti-US, and yet she is going to live or probably already living in the US. funny right! lol

  3. hey! agree aq sa iba! were not dat stupid para maniwala na raped victim yan c nicole!duh!obviously ndi sya maganda kht anung tago nya sa pagmumukha nya!saka helow wala syang katawan isa pa she look cheap!!hndi sya sasama kng d nya din gus2 no!ska c dan!d na kelangan mang rape!look?!andame dame na babae jan mas mganda kng iicpn babae pa lalapit e.cnong pnapatawa ni nicole?tayo?actually una kong nabalitaan un natatawa tlaga ko…nasabi nalng namen “ang kapal” cguro hnd nya napikot c dan kaya nagsumbong na rape!pity oF u nicoLe!well gudluck!

  4. Grace Santos of Justice for Smith says:

    My name is Grace Santos and I am the one who organized the Justice for Smith – Justice for the Strangers. Dan is a good person with a forgiving heart. He is not holding any grudge againsts anybody. He is very positive that things are still going to be ok for him because he knows that God is watching over him. Please include Dan in your prayers. To all the people who supports him let us be more vigilant. If you have any questions with regards to the activities of Justice for Smith, kindly email us at JUSTICE_FOR_DAN@YAHOO.COM and JUSTICE4DAN@HOTMAIL.COM, you can also call or text us at 09179016592 and 09198353728.
    We will appreciate all your support.
    Let us keep on fighting for the real victim of the injustice, Lance Corporal Daniel Smith!

    Thank you!
    God bless!

  5. I don’t think that Suzette S. Nicolas (aka Nicole) was raped! She’s just a perfect example of a hypocrite Pinoy/Pinay who just dream to live in the U.S. and A. and went with Dan (Smith) and hoping to be his wife. But Dan was asshole enough by not getting back to her the next few days after the sex. Now, she complained that she was raped because of that?! What a bitch!

  6. Torn says:

    Dio Saavedra:
    Publishing the true name of Nicole is more than the issue of the case. Do you really think if her true name was not published or will never be known forever, she would not take the same comments? I really do not think so. With all due respect, there are other blogs who supports Nicole and the comments are also all anti-Daniel! Is there a difference then? I am not justifying why I previously included her name (I even got it wrongly because I just relied on what I heard on TV; some corrected it with the proper spelling) because there’s nothing to be justified. That is a fact of the case. Period. In the same way, other (very graphical) facts of the case on how Daniel alledgedly raped Nicole is everywhere in the internet and did anyone pro-Daniel complain? I am trying to be objective here at BKS, but in the PHI, when someone goes to court and get what he wants, there is justice; but if not, justice is dead!

    ParFilipinioAmericanas and Asiamaninjapan:
    You’re correct, it may not really be the true identity (which I believe everyone knows already even before I posted it here) which is the real issue in the case but it’s what you really believe in that matters. There is no law prohibiting you to make your own opinions. No one can even have the power to make you change what you think. For that, I respect all you comments.

  7. asianmaninjapan says:

    ‘wawa naman ni Nicole eh markado na siya. Bakit ba naman itintago ang identity niya eh broadcast na broadcast naman pati foreign,what’s the use da proteksion?
    Kunga hindi pa nag pa bar bar kung ano ano pa eh-mas mabuti na sana.Eh,gustong mag enjoy eh! So there….

  8. ParFilipinioAmericanas says:

    LET’S FACE IT: “NICOLE” has been called names before-and that’s the majority of the people.May we correct you-NOT because in your post-you said “Let’s face it,you mentioning of her name is what created all these barrage of insults to the “victim”. This is according to you.Now,do you really,honestly think that that’s where the name calling started. Click on the “Nicole” on the post above the page and start reading
    The Subic Rape Case archives and all that is related to it.There are a lot of relateed posts by numerous people the that totally disputes your thinking.
    Truly,if she has not displayed a behavior that is so unbecoming,she would not be bearing the stigma now.She did not go to the bar to conduct a bible study or sell Avon products,right?

  9. Dio Saavedra says:

    padre, not because its mentioned on TV, makes it all right for everyone to publish the victim’s name. With that said, even most of the broadsheets and dailies the next day didn’t pick up that “scoop” and still deemed it inappropriate to put victim’s real name on print if we are to follow your reasoning. It should be noted too that station which made that blunder were heavily criticized for doing so.

    Let’s face it, you mentioning of her name here is what triggered all these barrage of insults to the “victim”– as per court records. Admittedly, it’s not your fault per se, but do you think she deserves all that name-calling at this point? I think not.

    The removal of the name is a reasonable enough request because it was the most ethical, most educated and most appropriate thing to do. You corrected the misjudgement. Let’s not add insult to injury by justifying why it was put there the first place.

    Humbly airing my side.

  10. Torn says:

    stoxbnx3: It was a reasonable request to drop her name, although I am not really bent to agree on your reason because her name already was mentioned in national TV during the coverage of the reading of the Decision. What more to hide of the name then? Out of respect though, I obliged to your request. I just hope you and other people who have the same sentiments for Nicole shall exercise the same degree of vigilance over all victims of the same crime even if the circumstances are not the same.

    ParFilipinioAmericanas: The overwhelming support for Smith is what I’ve noticed especially reading through the previous comments in this blog. I respect your opinions and correct, he has all the right to appeal to fight for his cause. Just like what you’ve said, public opinions regarding whoever in this case will forever linger. In this world, there is always the right and the wrong, the bad and the evil, the truth and the lies…

  11. ParFilipinioAmericanas says:

    “NICOLE” must bear the stigma openly as it is her desire to create this.This is a red mark on her forehead that she will carry the rest of her life;and she has a lot of explaining to do to her children,grandchildren and whoever will whisper behind her. She will endure a lifelong side glances and sheer ridicule.Daniel Smith-being unjustly sentenced-will appeal,that is his right. There are more positive forces behind Daniel Smith and we believe he will come out of this nice and strong.
    We are Pro Smith.We believe that this man was unjustly convicted in a very unfair court.Come to think of it,it’s Nicole we’re sorry for-as her idea of “victory” is very shallow and external.VIVA SMITH!

  12. stoxbnx3 says:

    okay, so this may not be covered by the law anymore, but it is basic human decency to protect the victim’s identity. she has had enough. let us help her move on. thank you anyway for heeding my request.

  13. Torn says:

    ei, you might be referring to RA 8505 – Protection for Rape Victims, ETC? Correct me if I’m wrong but the privacy clause refers to public officers who have direct knowledge of the case not to divulge it to the public, and if in any way they did, or the public comes to know in whatever manner, the clause no longer applies.

    my apologies if my view does not exactly fit your’s, as you may construe it but i understand where you stand.

  14. torn, about your view on privacy due to nicole’s filing a case, you might want to visit the revised rules of court (which includes the protection of victims of crimes who happen to be minors, et cetera).

    to the rest of you getting on nicole’s case — you are the best example why a rape victim’s victimization never ends.

  15. Torn says:

    Hi everyone! I have not been checking my blog since I posted the verdict on the Subic Rape Case. I was infomed this morning by a reader to check the comments on this post because it probably have gone wild. She was right, the request to drop the true name of Nicole instigated various comments from people who may have wanted to air their opinions on the matter but do not have the proper venue to do so. Afterall, we do not hear much about Daniel’s side and supporters. In fact, Nicole’s camp was said to be filling a case against a tabloid who published her face, unconcealed. I do not agree with that. When they went to trial, they have waived their right to privacy. All they can do is to request the media not to divulge much of Nicole’s indentity (which most media did), but they do not have absolute control over other’s who think otherwise, afterall, again, Nicole have gone public by going to trial! The more they supress Nicole’s real identity, the more it is known. As if not everyone who follows the case do not know her real identity. They may even know more than those who are behind her. Is this hipocrisy to high heavens?! Just askin.

    I blogged about the verdict on the Subic Rape Case to let people know what the verdict is, for those who may not have the luxury to watch tv and read the broadsheet or tabloid. However, I did not expect for some to comment with what appears to be “uncalled” WORDS. We welcome comments here for we live in a democracy but it would be better if we avoid words which may be UNNECESSARY.

    In view thereof, I have edited the post and some comments dropping Nicole’s real name together with some vulgar words and I have moderated the comments in the meantine.

    If there was one thing I realized about this, the story is not one-sided. Daniel’s side is one big bomb, waiting to be detonated!!!

    For Nicole, I did my share in protecting your identity. For Daniel, you seem to have some supporters!

  16. Errin says:

    100,000 pesos-which amounts to less than 2 thousand USD is just the cost of Daniel Smith’s sofa in the US! The judge in this case – what the hell was he thinking (that stuff he was smoking had screwed his brain!) that day! Is he anti-American or what! Wouldn’t the other 3 be accessories – if ever there was a crime comitted.And by the way Nikki,I agree *** face is not worth anything…peanuts,maybe. I believe this is *** gone awry.

  17. nikki says:

    hmmmm….too bad thought people in this site will agree or defend nicole?as far as i can see after the verdict people are more agresive about her real name and her photos.and more people who is against her is coming out of their holes.and besides i agree with most people saying how come smith was guilty and three others was acquited!knowing that those guys were inside the van during the incident and smith being guilty of raping *** and the guys didnt tried to stop it or what.which would simply means that they may not be the prime suspects but still part of it and therefore should be found guilty too.BUT I HOPE *** AND EVERYBODY SHOULD BE SMART ENOUGH TO REALIZE THAT THERE’S NO VICTORY HERE!the judges decision is just giving philippines and usa a fair verdict.that 1 must stay and 3 goes.if nicole was really raped with all of them I PITY YOU FOR BEING RAPED BY OTHER 3 AND BEING GET AWAY WITH.
    i yes i forgot soriano should be a big thing about the case cause he can tell if nicole was really raped or not.if its true he should have not took back his statements and say he was pointed with a gun so he will tell everyone that nicole was gang raped while she was not.and nicole i’m sorry to say this BUT YOU ARE ***.being thrown out of the van with a panty on and being raped by 4 or 1 or whatever and just payed for the moral damages with a hundred thousand p!!anyway your face though fits the price.sorry just stating the truth!ADIOS

  18. Carlo says:


  19. Mikaelah says:

    Very well said,Moodrats.Point well taken and yes,you have a point.
    Rather funny Anno-but I can see why you say that. The fact that some young Filipino women offer themselves to the “Daniel Smiths” for a pair of Levis jeans;what you think is pretty believable.By the way,what’s with the NICOLE thingy?Kind of comical to pick out an American sounding name if you’re fighting one,don’t you think?

  20. moodrats says:

    We wanted other nation’s judicial system to be fair and just to our OFWs yet look at our judicial system. Our judicial system is just like the others or worst, racist and vengenceful against other races. The judge is saying Nicole is not responsible for her action because she is drunk, yet Daniel is? Is it too much to ask our courts and judges be fair and an exemplary example worth imitating by the whole world? Why can’t they show the other countries how just we are? o talagang mga *** at talagang walang binatbat internationally. I hope our higher courts can show more intelligence than this.

  21. WTF says:

    *** that’s Nicole’s real name !! as far as i can see people arround *** aka “Nicole” ay mga “Linta” kung saan meron magandang publicity they’ll go for it and go with the flow and start shouting ” blah blah blah ” as if they wer inside the court room every hearing … 2nd’ly WTF !! stop treating *** ” Nicole ” as if shes a *** or some kind of a Maria Clara. i agree .. it was a trial by publicity … its too obvious … Nicole’s sister was there at the Neptunes Club and some of her realtives .. OMG .. if she was so drunk enough to be drag down .. then its stupidy of her sister and relative’s to let her go with Daniel knowing that shes very drunk … GOT IT ? look at *** ” Nicole ” face ? and look at her sisters face ? seing a young good lookin american like dat would be a turn on … kung ganun ang itsura nila .. am not judgin them by their face but hey !! get real !!! and also so annoyed sa mga aktibista who keep shouting agaisnt americans and about them goin out in our country or what so ever .. Duuhh .. as if ung ibang members ng family nila eh nasa states and they are the bread and butter of the family and da clothes they are wearing came from US …

  22. anno says:

    baka hindi nakuha ni Nicole ang gusto niya pagkatapos ng eksena kaya pumiyok! at kung totoo nga na wala siyang ipinakitang sang-ayon sa paggamit sa kanya ng itong *** na KANO, dapat pati yong mga kasama at yong Pinoy na driver, nabigyan din ng parusa…ewan ko lang….

  23. Akonaman says:

    ‘yan ang mapremyo ni *** sa ***! Very well said.And why did the 3 just cheer him on?Wish they went for it too since she almost offered herself by taking the risk..Next time,don’t drink,just dance,***!!!

  24. “she deserved it”? “serves her right?”


  25. stoxbxn3 says:

    i see. you are so self-righteous and judgemental. may none of your daughters be raped.

  26. Brittany & Hunter Rush says:

    Privacy? What privacy. We have visited all of the beautiful spots in the Philippines from North to South. There are a lot of resorts,beaches and places to go for a holiday.But going to an base most especially for a 22 yr old supposedly woman to “enjoy”? Gotta be kidding even a layman. We suggest,and all our friends who married Filipino men and women (these people we know have kept and maintained their values by the way)-keep the name.What’s wrong with that-she deserves it.Going to a bar,drinking and going with people she doen’t know…hah!Serves her right.Thanks.

  27. stoxbnx3 says:

    Hi. I appreciate your caring for Nicole, but please help us protect her privacy by deleting her real name from this post. Thanks.

  28. sistah says:

    I thought so.

  29. Torn says:

    Oh yes he will. He’s a US Serviceman and backed up by the US Embassy here and the US Military. Honestly, I really think that after sometime, he will have the last hurrah if the people behind Nicole will not continue to be as vigilant as they are now.

  30. sistah says:

    Do you think Smith will appeal?

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