Judge who convicted US soldier of rape vies for justice post in tax appeals court

Activists protest outside the US Embassy in Manila on February 12, 2009, demanding that it order the imprisonment of US Marine Lance Corporal Daniel Smith, convicted in 2006 to life in prison for the rape of a Filipina woman. The judge that convicted a US soldier in the 2005 Subic rape case is in the running for the position of Associate Justice of the Court of Tax Appeals. AFP/JAY DIRECTO

MANILA, Philippines—The judge that convicted a US soldier in the 2005 Subic rape case is in the running for the position of Associate Justice of the Court of Tax Appeals.

Makati City Regional Trial Court Judge Benjamin Pozon is one of the candidates for Associate Justice of the Court of Tax Appeals, based on records from the Judicial and Bar Council (JBC).

The Court of Tax Appeals will have a vacancy when Presiding Justice Ernesto Acosta retires at age 70 on Dec. 21, 2012.

On Dec. 4, 2006, Pozon convicted Lance Corporal Daniel Smith for raping a Filipina. In his decision, he stated that the victim was “severely intoxicated that night and was deprived of reason to consent to sex and incapable of sensing or fighting off danger.”

Aside from Pozon, other candidates include Lovell R. Bautista, Juanito Castañeda Jr., Leandro Catalo, Georgina Hidalgo, Roman Del Rosario and Philbert Iturralde.

The JBC, which is constitutionally mandated to screen applicants for positions in the Judiciary and Office of the Ombudsman, has set November 12 for their interview.