MANILA, Philippines -- ?Nicole,? the Filipina who American Marine Daniel Smith was convicted of raping, should not be blamed for her decision to leave the country, a senator and two women party-list representatives said on Tuesday.

They also blamed the government for its lack of support for Nicole and for not insisting on taking custody of Smith, who remains detained at the US embassy in Manila despite a Supreme Court ruling for his return to Philippine custody.

Tuesday morning, Nicole?s lawyer, Evelyn Ursua said her client had left for the United States ?for good? and terminated her services, asking her to drop all other cases stemming from or related to the rape case against Smith.

Senator Francis Pangilinan said Nicole?s departure ?is an indictment of our justice system that is perceived to favor the wealthy and the powerful and is perceived to be biased against the ordinary folks like Nicole. This is terribly disheartening news.?

?We cannot blame Nicole and her family. The responsibility of ensuring that cases are disposed of fairly and swiftly lies with the state. Nicole did not fail us, our justice system did,? Pangilinan said.

Pangilinan urged the Court of Appeals to resolve Smith?s case quickly.

?Nicole's case represents the tens of thousands of cases languishing in our courts, in the Office of the Ombudsman, and our prosecutors? offices nationwide. Many have given up on our justice system and we cannot blame them for doing so,? he said.

?Still the rape case [should] be pursued by the state considering that in criminal law, apart from the victim, the people of the Philippines are party [to the case] as well. We urge the [appeals court] to resolve the case with dispatch,? he said.

Representatives Risa Hontiveros of Akbayan and Liza Maza of Gabriela said Nicole had done her part in seeing through the conviction of Smith and that it is government that should now work to give her full justice by insisting on custody of the rape convict.

Maza said Nicole?s decision to terminate the services of Ursua and leave the country was ?immaterial? to the criminal case against Smith, who is appealing his conviction.

?Nicole has done her part in filing the case and testifying against Smith. The burden now in seeing to it that full justice is served lies in the hands of President Gloria Macapagal-Arroyo. She should assert Philippine custody of Smith and she is the one who should be blamed, not Nicole, if and when Smith continues to get away with the crime,? Maza said in a text message.

At a news conference, Hontiveros said it was possible Nicole was ?pressured? to leave the country because of government neglect for her case.

?Hindi talaga siya sinuportahan ng administrasyon, hindi natin sya masisisi. Siya pa ang nagtrabaho para ipakulong ang kanyang rapist [The administration never supported her, we cannot blame her. She herself worked to have her rapist jailed],? Hontiveros said.

Soon after Smith was convicted, the government spirited him out of the Makati City jail, where he had been ordered detained by the trial court, and handed him over to the US embassy, both governments saying the Visiting Forces Agreement allows convicted American personnel to be in US custody while their appeals are pending.

His continued detention at the embassy despite the Supreme Court ruling has angered many quarters, including lawmakers, a number of who have called for the VFA?s abrogation.