The Subic Rape Case

MANILA, Philippines -- The Supreme Court en banc has charged a Court of Appeals employee with simple neglect of duty in connection with the leak of a decision acquitting an American marine or rape.

In a two-page minute resolution, the court said it charged Mateo Vitaliano Buenaluz, former executive assistant and a member of the co-terminus staff of Justice Agustin Dizon.

It was Dizon’s un-promulgated draft decision that became the basis of a newspaper report days after the complainant, identified in court only as “Nicole” executed an affidavit that short of recanted her allegation of rape against Lance Corporal Daniel Smith.

Weeks after the publication of the contents of Dizon’s draft, the Court of Appeals promulgated a decision drafted by Justice Monina Zenarosa acquitting Smith.

Dizon retired before his draft could be promulgated.

Buenaluz is now connected with the office of appellate court Justice Antonio Villamor.

The administrative complaint against Buenaluz has been referred to the Court of Appeals committee on ethics and special concerns.