MANILA, Philippines ? (UPDATE 2) The Arroyo administration should be blamed for making the Filipina raped by a US Marine in 2005 a ?scapegoat? for the contentious Visiting Forces Agreement (VFA), a lawmaker said Wednesday while another alleged that there could be a ?conspiracy? to ?derail the Philippine justice system,? among others.

?My sense is ?Nicole? is being made a scapegoat for the VFA,? Gabriela partylist Representative Liza Maza said in a phone interview, referring to the court-appointed name of the victim.

The chairman of the House foreign affairs committee called on US President Barack Obama to agree to a renegotiation of the VFA, particularly the provisions on detaining American soldiers charged with a crime on Philippine soil, in the light of the recantation.

?We appeal to US President Barack Obama to agree to the renegotiation and redrafting of that part [on the detention of American personnel] of the Visiting Forces Agreement,? Cebu Representative Antonio Cuenco said at the Fernandina Forum. ?It is not necessary to abrogate it but definitely a revision is called for.?

Cuenco cited the Philippines? agreement with Australia, which allows Australian soldiers charged with serious crimes to be jailed locally.

?Even in Japan, when an American serviceman is indicted in court...right away, the host country has jurisdiction over his person,? he said.

The case of Smith has been a bone of contention ever since the Philippine government whisked him out of the Makati City jail and handed him over to the US embassy soon after his conviction, citing this was what the VFA required.

The issue came to the fore again recently after the Supreme Court ruled that Smith should be returned to Philippine custody. The rape convict remains detained at the US embassy.

?By saying that there was no rape, then the VFA is okay, then there should be no questions about the VFA. But she is the victim here, remember. We should not treat her case as an isolated case, she is just one from the string of victims who failed to get justice because of this unequal treaty,? Maza said.

In a separate statement, Albay Representative Edcel Lagman said the incident might unravel a ?conspiracy to mock and derail the Philippine justice system, secure freedom for an American felon, and preserve an improvident Visiting Forces Agreement which perpetuates American intervention in the Philippines.?

But Zambales Representative Milagros Magsaysay said on Wednesday that people would just have to respect ?Nicole's? decision because she alone would know what she would want with the rest of her life.

On Tuesday, ?Nicole?s? lawyer Evalyn Ursua announced that her client terminated her services and that she had flown to the United States.

?Nicole? also issued a sworn statement on March 12, saying she doubted if Smith had raped her.

Lance Corporal Daniel Smith was convicted in December 2006 and was sentenced to up to 40 years behind bars. He was held briefly at the Makati City jail, but was transferred clandestinely to the US Embassy in Manila, where he has continued to stay.

Last month, the Supreme Court issued a ruling that Smith should be held in a Philippine-run facility while awaiting the decision of his appeal before the Court of Appeals.

The slow action on the question of Smith?s custody has triggered several lawmakers to call for the scrapping of the VFA, which governs military exercises between Filipino and American soldiers in the country.

Maza said it was not farfetched that the Arroyo administration might have a hand on the so-called recantation by ?Nicole? and the compromise agreement.

?The Arroyo administration has a clear and direct hand on this. Who has interest on this? It?s not only the US, but President Arroyo because she has to maintain the support of the US,? she said.

Over the weekend, Obama called Arroyo to reiterate his country?s commitment to the VFA.

Maza said it was the policy of the US government not to allow other countries to take custody of their soldiers because it would discourage their citizens from entering the military.

Maza said ?Nicole? might have been weary from three years of fighting for her case. She said the victim?s recantation was suspicious.

?The details were very surprising, it was as if she was cross-examining herself. And reading through the statement, one can tell that it was written by a man,? she said.

Lagman said it was important to determine when ?Nicole? applied for a US Visa, when was she granted one, and what kind of visa was issued to her?

?Did Nicole only receive P100,000 which is the equivalent of $2,000? How can she stay in the United States for good with $2,000? Who bought her ticket and from what airlines? Who was her traveling companion?? Lagman asked amid reports that ?Nicole? received P100,000.

The congressman also noted that the payment to Nicole was a ?badge of guilt.?

?Why should an accused appealing his conviction pay damages if he is not liable for the crime he has been convicted for?? he added.

Lagman said the contents of the so-called ?affidavit of recantation? left more questions than answers. He added that the legal situation remained that the rape case could prosper despite the belated recantation.

Magsaysay, who had helped ?Nicole,? said that people would have to "learn to accept her decision, respect her na lang [just respect her]. Ang importante [What is important] is during the time she needed help, I was there to help her."

"Siya ang may katawan [She is her own person]. Let's just wish her well na lang," Magsaysay said in a phone interview.

She said only Nicole knew whether or not she made a mistake in filing a rape complaint against Smith, and she would be the one to live with the consequences of her decision.

"Other people have no right to interfere from this point on," she said.

The rape case, decided in late 2006, tested the VFA, particularly on the issue of custody of American soldiers accused of crimes in the Philippines.