Nicole Betrays the Philippines
March 19, 2009 by lisa
Filed under people & events
I was in shock! I tossed and turned all night and had the worst sleep of my life. But when one maintains a blog, one cannot afford silent indignation. I actually spent all night and all morning writing this article in Filipino so that foreigners would not understand what I wanted to say but decided otherwise because I am not as good being indignant in Tagalog as I am in English.
A wonderful merienda overlooking the Baguio Country Club golf course yesterday was almost ruined by screaming headlines: “Nicole Recants!”
After getting American serviceman U.S. Lance Corporal Daniel Smith convicted for raping her, after all that hullaballoo* showing that we Filipinos are minions of America, after all that talk about how we should not renew the Visiting Forces Agreement because it is an evil and lop-sided agreement that does not benefit the country in any way, the accuser and “victim” dubbed by the media as “Nicole” recants.
* After spending a few weeks in a Makati jail after conviction, Daniel Smith was whisked with the full cooperation of our government to the U.S. Embassy in Manila where he remains in comfort pending the appeal of his case. Wow, will Filipino criminals be treated the same way in America? Hell, no!
Her lawyer, Evalyn Ursua, an old friend of mine from U.P Law, is now all over the news saying that her services as Nicole’s lawyer were summarily dismissed by the mother of Nicole who claims that Nicole is now already in America. Atty. Ursua vows to continue with the case, to continue espouse the cause of Filipino women. And I believe she will because Ging, as her friends call her, has always been made of tough stuff.
Nicole had apparently received money from Daniel Smith (would you believe it was only Php100,000 or about $2,100.00?) as damages, has managed to secure a U.S. visa (wow, would you believe that she of all applicants was granted one so easily?) and has flown the Philippine coop.
The Philippines where she was born. The Philippines that fought for her. The Filipinos who spent time and money making sure that justice prevailed. The Filipinos who sympathized with and prayed for her. The country that was raped right along with her.
She executed a sworn statement, aided by Smith’s lawyers and without her own counsel present, that basically echoed Daniel Smith’s defense in the criminal case. That the act was consensual, that she was drunk, that she was attracted to him, that she was mistaken in thinking that it was rape, a statement that showed that she basically was the “Filipina Everywoman” who’s dream was to snag an American husband and flee her country.
Of course there are folks who would still rather sympathize with her. There are folks who spout of the words “poverty,” “victim” and “failure of the justice system.” There are folks who blame everything and everybody else except Nicole.
We all fought for Nicole. Now she admits she was a liar. If she was truly raped (which half the Philippines believes), now she has morphed from victim to opportunist.
Nicole has succeeded in giving the Philippines a bad name. She has betrayed her country. She is a poor excuse for a Filipina. And I have no sympathy for her.
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Added: There is a law that prohibits revealing the real names of rape victims and the Philippine Daily Inquirer did just that, with her photo to boot, because after consulting with lawyers when she recanted they felt it was already safe to do so yesterday. This site will just continue referring to her as “Nicole.”
We just...
ok lang na pinalabas nya yung katotohanan… di nya trinaydor ang Pilipinas…
she let the truth out… it just shows, its her fault… all this mess is coming up… i mean selfishness from the beginning till now.. i think shes doing the right thing… let this case rest
Hi Ace,
Will she pay for the costs of the trial? Rape is no longer merely a crime against chastity — it is a crime against persons. It is an offense not only against the complainant but against the state. That is us. Thus we were betrayed by either a liar or an opportunist.
There must be accountability here. There are too many issues to merely “let it rest.” Issues that involve YOU, whether you realize it or not.
WoW!!!after everything has been said and done,NICOLE will be staying in US for good!! natatawa talaga ako sa mga nangyayari.. Siguro,may nangyaring secret deal..tsk! tsk! tsk!
*res ipsa loquitur*(the thing speaks for itself).
“Ninoy Aquino was not shot by Galman or the soldiers, he committed suicide as he was about to step-down the tarmac”
Wow!!! We are now beginning to hear twist of events, and I hate it when money speaks.
Common, Suzette (Nicole), give your country a little respect!
napahanga ako ni nicole. sa wakas, lumabas ang KATOTOHANAN. d po ba yan ang pinakamahalaga sa lahat….. the truth….. kahit sino pa man masasagasaan? d po ba “the truth” din ang gusto natin lahat malaman sa “hello garci tapes”, “jun lozada affair”, “fertilizer scam ni jocjoc bolante”, “zte broadband deal” at marami pa ibang alleged scandals? ngayon na umamin na si nicole sa tunay na kaisipan at damdamin niya tungkol sa nangyari gabing yun, kaya ba natin tanggapin ang katotohanan? with due respect sa lahat ng nagagalit ki nicole, lahat tayo nagkakamali. walang perfecto sa atin. kun hindi “completely truthful” mga unang salaysay ni nicole, shouldn’t we admire her for righting a wrong….. that is, telling the truth this time? hindi po ba lahat tayo o marami sa atin, at one time or another, needed a “second chance”?
Hi Beth,
Paano natin masasabing nagsasalita siya ng katotohana ngayon kung (1) siya ay tumanggap ng pera (2) siya ay nagsinungaling dati?
Maari namang siya ay nagsabi ng totoo dati ngunit wala naman siyang natanggap kaya naisip niyang mas mabuti nalang magpabayad ngayon upang lumakas ang paghahabol (pag-aapela) ni Smith sa korte.
Nasaan ang katotohanan ngayon?
Eh? This is just bogus. After everything that happened she can just forget the sheer effort of the people that fought and stood by her. Now it turns out that she is an opportunist?! I am sorry to say this but if modern day Filipinas’ keep doing these things the next definition for a Filipina will not only be a DH but also the world “GOLD DIGGER”(in bold letters) in the every Dictionary that will be published in the next 10 years. This reminds me of many Filipinas’ who are not interested in Love but rather what they can get from their partners. “Parasites”, if I may, in which they are a disgrace the Filipino community. Not only is this evident in husband and wife relationships but also between boyfriend-girlfriend relationships. If this is the future of the Modern Filipina then I’d rather be single for the rest of my life.
Oh AcidRayne, don’t despair — you will find a good woman.
Nicole is not Pinay Everywoman, except that she will now make headlines for a while and make all Filipinas look like gold diggers, which is why I am so upset to have a countrywoman like her.
This thing about Nicole? Thought from the start, she was looking for trouble and she got it. To go drinking and getting drunk with maybe sex-starved service men, kahit man pinoy or puti, just puts a girl in a precarious situation.. Let this be a lesson to everyone out there.
i have to disagree. why are people condemning nicole for “flying the coop”? wasn’t it also a country that decided that she deserved to be raped? that it’s ok to rape women who don’t act “properly”? she never asked to be a symbol of rape victims or the rallying point for philippine sovereignty. it was a position thrust upon her. a cause she didn’t volunteer for but was made the face of because she was raped. and now people condemn her for wanting to get on with her life, away from a country that believes if a woman is raped, she must have had it coming? is it just nicole that wants to leave the country? why? you can’t condemn her without condemning this culture we’ve created.
where does it say she “admits she was not raped”? her affidavit never says that. it’s only through media’s limited vocabulary that it was presented as a “recantation” or “reversal”. she only reiterates that she was intoxicated and can’t remember what happened, which could also be used to bolster that a rape did occur.
now people call her a “gold-digger, prostitute” because it appears she accepted a US visa. (btw, the P100,000 is indemnification which was included in the judgment.) but then if it was an exchange, who offered the US visa? i think only the US can offer a US visa. now why would they want to give a US visa to a girl who accused one of their boys of rape and had him jailed? why aren’t their motives being considered? isn’t that the more worrying aspect? or is our venom only reserved for one of our own?
i’ve been following reactions to this issue and am disturbed by a lot of latent prejudices about rape and women that are emerging. mostly around the trend that a woman who has been raped probably deserves it. then we call them whores and prostitutes without considering the conditions that make our women have to resort to to survive in these conditions that are stacked against them. so i think it seems to me, with or without nicole, we Filipinos actually have such a poor regard for our women. and it wasn’t nicole who “damaged” the image of Filipinas.
shouldn’t we be the ones ashamed that another country, even the country of a victim’s abusers, is preferable and a safer haven than one’s own?
Hi Friena,
Smith WAS convicted. The Philippines decided in Nicole’s favor.
She is the one intimating now, through her affidavit (echoing Smith’s defense) that she must have led him on. That’s why she is being “condemned.” SHE is towing the male line that a woman, by dancing and drinking with a man, is putting herself in danger of rape. (Of course Resty’s description includes the extra “qualification” of “sex-starved men”).
Honestly, do you believe she accepted only Php100,000?
Of course the US has a hand in this. But if she did not accept their terms, if she stood by her original allegations, she would not be condemned right now. In fact, before this, her case was a rallying point for a lot of Filipinas, who should be able to dance and drink with sex starved men and not be forced into a sexual act.
Nicole sold out.
wow… it’s incredible how we can so uncritically assume a document that is obviously so dubious and react in such a pavlovian manner. it’s what makes us so predictable and easily manipulated, especially knowing that one has a government famed for its duplicity and for whom political considerations are more important than individual rights.
your statement, “honestly, do you believe she only accepted P100,000?” bothers me. it seems decided that all Filipino women must be prostitutes. and your statement “Of course the US had a hand in this, but if she did not accept their terms…” is worrying as well. it places the burden of morality on a single woman just trying to survive against the world’s greatest power. and that’s why we’re condemning her? do we condemn every Filipino who has decided to leave the country?
And on people thinking she sold out. We call her a hypocrite but how many people have already left and how many want to leave this country? Why do they want to leave this country? We call her a “prostitute” and a “whore” but what are the conditions in this country that have reduced our women to that? And if ever, who are we to judge these women for trying to survive in these conditions that are stacked against them?
it really is so hard to be a woman in the philippines, much less a rape victim. you’re damned if you do and damned if you don’t.
ok, if you want to condemn her. but i don’t think we can condemn her without condemning ourselves.
Hi again Friena,
The document is a signed affidavit, a public document and coupled with the fact that her family has fired her lawyer, given that it was a Filipino law firm that executed it (and I assume there is no question as to her signature thereon), it is reasonable to assume the document was a valid document.
Of course its her right to execute any affidavit she wants, with or without payment, but once she has filed a rape case, where she swore she was raped, where there was a conviction (and of course extra issues about Philippine sovereignty as regards foreign nationals who are convicted of a crime committed in this country), where taxpayers resources are used to prosecute, where the crime is no longer a crime against her person but against the state, it is also our right as Filipinos to make sure justice prevails in this country, and that no malicious cases are filed in our courts.
Of course conditions in this country are atrocious. But if we all jumped ship, then the country is lost. While I understand the personal needs and desires of individuals for a better life, I do not have too much love for those who abandon their country.
Country, family, self. In that order. Sorry, but that is how I was raised.
Otherwise, we can give all the justifications in the world for all our actions (just like Filipino males peeing in public — “I had to pee.”).
I am not saying that none of us are to blame for her plight. We did not protest the VFA enough, we have chosen really bad leaders, many of us have been apathetic. But the poor and oppressed cannot be absolved of any responsibility either just because they are poor or oppressed.
Loving this country means loving everyone. Loving this country means choosing the people to admire and exposing the liars and opportunists, no matter what their plight in life is (”I am poor therefore I am entitled to steal” “I am in power therefore I am entitled to steal”). No one is entitled to anything one does not work honestly for.
It is hard to be a victim of rape anywhere. It is the crime that is most difficult to prove, and a rape victim will always get attacked by the defense all the time as “bringing it upon herself” which is why only a small percentage come forward. Come on, even husbands rape wives.
But there are other women who cry rape or sexual harassment too easily and that does not help the cause of real victims.
And Nicole’s most recent actions have actually harmed all rape victims, has harmed the image of all Filipinas. Even if we cannot call it a full recantation it is a statement from a Filipina who cried “Rape” with a belated admission that “she asked for it.”
Until a few days ago, she was a Filipina vindicated. If she could have gone to America without executing that last statement of hers, the fine! If it was a precondition to a visa, then it’s a sell out.
Her identity was private. If she was hounded by people, that was a temporary thing. There are many places in the Philippines where she could have been safe and anonymous. But no, America has been her dream. It had to take a conviction and what is now dubbed as an “out of court settlement” to get her her dream. Well I guess she’s happy now.
She got her cake and we are not unhappy because she did, but because her actions to get there have harmed the country and caused too much trouble. Admiring her or pitying her, like others have, will not set a good example for the future and for the children.
Sorry, she does not have my sympathy. I have known women who have undergone worse (being raped repeatedly and tortured during Martial Law, without their identities being kept secret, without the courts giving them any relief) and who have stood fast.
ok. fair enough, i appreciate this exchange of ideas because i really can’t understand the willingness to villify her without looking at the conditions that make this situation possible, including our complicity in it as well. to uncritically assume the document without considering whether it was done under duress or pressure.
inday espina-varona said something interesting. so many times, rape victims and torture victims “recant” (i put it in quotations because nicole’s document is obviously not a recantation. in fact she does mention that she was raped.) but more often than not, it is not an “allying with the enemy” but because there were forces or conditions overwhelming enough to crumple courage. i wonder why all this outrage against nicole without an examination first of those forces or conditions.
i would have thought that because she was a Filipina vindicated, it would make people more prone to question the mysterious development instead of just react reflexively with what i guess are embedded attitudes about women.
i think to villify nicole without asking who offered the visa, why did they offer the visa, what are the conditions that would make not just Nicole but so many others want to leave and what our role is in the creation of that kind of culture is short-sighted and a little self-righteous.
http://www.pinoypress.net/2009/03/19/nicole-is-not-the-enemy/
i think this is an interesting viewpoint, if it’s only the minority. carlos conde’s article may also help widen the scope of the debate beyond mere reflexive, self-exonerating villification.
Of course Nicole is not the only enemy, but she certainly was a willing tool. In fact, now she is a pawn of the enemy.
Of course we all have let her down, but in the end, it was her decision. She did not have to accept the visa. She was not unprotected by the law or her countrymen. There was a conviction, for goodness sake — something that is not very easy to get against a rapist. That victory of hers was HUGE to begin with. An American serviceman convicted of rape in the Philippines! That victory she threw away — just like that.
And we will not progress if we accept her justifications for her recent actions. If she were kidnapped, FINE! But her mom seemed happy and unconcerned for the safety of her daughter so there was obviously complicity on their part, wasn’t there?
Ms Varona says she “crumbled.” Come on, it was not like she was tortured to sign that affidavit. She likens Nicole to torture victims who recant. She was under no duress when she made her original claim of rape. Recently, she was enticed and she was weak enough to take the bait.
Maybe that’s why others on the web call her a prostitute — NOW.
i find it really sad when women call other women prostitutes without considering the conditions that make our women have to resort to that for survival. i think it’s presumptious of us to assume that she agreed to the affidavit smiling and jumping for joy and i think that assumption perhaps hints that unconsciously many filipinos do believe a better life is anywhere but here.
a pawn of the enemy. that’s interesting. but then why the crucifixion of the pawn and not the enemy? where’s the outrage over who offered the US visa? like i said, isn’t that the more worrying aspect? or are we just happy to pounce on the easiest target?
isn’t it a little self-righteous of us to place the burden of standing up to a greater power on one girl who has already been maligned by her own people?
i agree it was a big win that Smith was convicted. which precisely makes me think that the affidavit which so many people have misread as a recantation cannot be taken at face value without considering larger forces at play. but if we’re so quick to assume that it was all Nicole’s doing, i think that says something about how we perceive women too.
i really appreciate you engaging me in this debate, because i’m really trying to understand the root of people’s willingness and zeal in villifying this girl. personally, i think it’s misguided and short-sighted. but if people want to condemn her, i still believe we have to condemn ourselves as well.
Friena,
Actually I have no problem with women getting paid for sex. It’s just the body we are talking about there and not the soul. But folks call her names now, not because she got paid for sex, but because she sold out.
Why should there be outrage that she was offered a visa? The outrage lies in that she ACCEPTED. You are pointing a finger at the wrong people, dear. If someone offered you poison you’d accept it?
Condemn yourself all you want, if it pleases you. But it is not like the Philippines did her wrong in this particular case. I’m sorry she feels poor and hopeless, but I know many who may be poor but are dignified, who are honorable.
That the country is screwed up, yup, we recognize this and believe it or not, there are many of us who actively work to make it a better place. Nicole is not helping.
Now honey, thanks for your insights and may I suggest you start your own blog now because I certainly hope you do not think that you can ever have the last word here. The condemning ourselves bit is already pretty redundant.
Just my opinion for this one.After all the media mileage,this was the final result.Nicole should have just accepted settlement PRIVATELY(and I mean NO media coverage)and didn’t have to get the entire country involved with this.It’s her life and she gets to decide what she wants to do with it.That I think is why so many Filipinos are disappointed with the “ending” of this case.
Eugene,
Good point! If she truly valued her privacy and wanted to keep her identity secret, no need for that recent affidavit, no need for mommy to even go on TV saying “It’s been three years, but nothing has happened.”
What did they expect? To get rich off this case? The conviction was not enough?
Hi Lisa,
Maari ko po bang i-share mga sumusunod? Baka makatulong sa mga bumabasa mananatiling bukas ang isip. Hindi muna ako magbibigay ng sarili kong pananaw at kuro-kuro upang hindi makadagdag sa init ng usaping ito.
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On 17 March 2009, Tetch Torres of INQUIRER.net wrote and I quote the last 2 paragraphs:
(Start quote) On hindsight, said (Justice Secretary) Gonzalez, he should have granted Nicole’s wish to remove the ‘meaty portions’ of her (first) affidavit.
“If I helped her remove those portions, there never would have been a case,” Gonzalez said. (End quote)
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On 19 March 2009, Michael Lim Ubac & Norman Bordadora of Philippine Daily Inquirer wrote and I quote 2 paragraphs:
(Start quote) According to (Justice Secretary) Gonzalez, Nicole and lawyer Minverva Ambrosio sought an audience with him at the start of the case and asked that certain “meaty portions” of her initial affidavit accusing Smith and four other US soldiers of rape be stricken out.
“Maybe if that thing was pursued before, or if I had given audience to Nicole and lawyer Ambrosio, this would never have gone to court,” he said. (End quote)
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Hi Beth,
Raul Gonzalez is not on the side of justice here. He is an agent of GMA, who is an agent of America in this particular case. He is the one laying the ground work for Smith’s eventual release. Watch how the conviction against him prospers in the Court of Appeals.
It is not a matter of being open minded, dear Beth. It is a matter of going deeper into the motives of people, of being analytical, of studying the players well before you go around quoting them. Read Raul Gonzalez’s pronouncement again and see where he stands in all of this please.
Sorry, you quoted the wrong person in your call for open-mindedness. He’s the same man who processed the presidential pardon for and eventual release of Jalosjos, Teehankee and all those people previously convicted and jailed for heinous crimes.
Hello. Nicole made a mockery of justice.I don’t like her in the Philippines. It’s good she’s gone.
By the way, I went to Tam-awan Village yesterday. I learned the place from your blog. The Beef Tapa was yummy! It was my first time to try the Mountain rice.
I also tried the portrait sketching. I posed for 15 minutes only and it’s 100 pesos lang with a tip of course. There’s also the Igorot dance. Thanks for the info on Baguio. We felt the stress of lawyering all gone. We will visit the place again. I will put the pictures on my blog too.
Hi Fabulous Lawyer,
Mountain rice tastes great, doesn’t it? It’s healthy, too, and available in other places like Cafe by the Ruins and Bliss Cafe, which you should try on your next visit. Then there’s the newly-opened BenCab Museum to check out, too.
Come back soon!
Who is the victim here? Smith or Nicole? If Nicole’s telling the truth then obviously we’re still trying to convict the innocent.
Hi Semper Fi,
That’s why the most recent events are disturbing. The Philippines has been put in an uncomfortable position of “damned if you do (the CA upholding the RTC decision when Smith was innocent all along), damned if you don’t (the overturning on appeal by the CA of the RTC decision that was supposedly based on evidence ‘beyond’ reasonable doubt’).”
Para sa akin si Nicole ay hindi sex worker.
Party goer lang siguro. Nakapagtapos siya ng apat na taon sa kolihiyo.
Nung time na narape daw siya nag-aaral ng nursing as her 2nd course. Naimpluwensiyahan lang siya ng mga Leftist jan na galit sa amerikano.
Hello Antamokboy,
Naniniwala nga ako na si Nicole ay hindi prosti nung nakilala niya si Smith. At kahit na party goer siya, o kung prosti man siya, ang gahasa ay gahasa.
Kung hindi naman siya totoong ginahasa, di siya dapat nagsakdal o naghabla kay Smith. Kung totoo naman na si Smith ay gumahasa sa kanya, di siya dapat nagsasabi ngayon na tinukso niya si Smith na gahasain siya. Itong ‘pagbabaliktad’ niya ang dahilan kung bakit siya’y tinatawag ngayon na prosti ng maraming tao. Hindi dahil siya’y nagpabayad sa sex kung hindi dahil siya’y bumaliktad bigla.
Siempre ang mga “leftist” ang tutulong sa kanya kung sakaling ginahasa siya. Dahil sila naman ang may kusa sa bayan at sa mga kababayan. Ang mga rightist naman ang pumapayag na ipagamit sa mga Amerikano ang Pilipinas para sa mga pagsasanay na militar.
Hi Lisa. Next time we’ll visit the BenCam museum and also the Arko ni Apo and other places in Baguio.
Hiya Fabulous Lawyer!
Come back and visit the Summer Capital soon, if just to remove the stress of lawyering more often.
Hello Lisa,
People are quick to jump into the band wagon to defend the damsel in distress specially if it is beneficial to their cause.
What ever happened that night, only two people involved know what really took place. Was it really worth it to ruin another young person’s life while the other one moves on with her life and enjoy the benefits of living in America?
Women should be smart enough not to put themselves in a such a situation. I think it is easier to defend her at court if she was jogging at a the park and suddenly she gets sexually assaulted. Babae ako… I also partied when I was younger but I was smart enough to consume alcohol around people whom I trust.
Hiya Tina,
Apparently Nicole was not happy with just getting Smith convicted. Apparently it was not justice that she wanted.
Do you really believe what Nicole said? Why cant you consider that she made all this just to get money etc..from the “arrogant ” foreigners! Why is her word more to be trusted than the one of a foreigner.. Do you trust now the justice of our Country! a lot of prejudice against foreigners!!
I’d like to thank all of you for your intelligent, insightful and passionate reactions to this story. I understand how you feel having been both a US serviceman and an ex-pat living in your country.
I have my own opinion of the progress of the events as well as the trial. That’s not important here. However, what is important is the debate. I can’t say whether Nicole was an opportunist or a liar. What I can say is she was one small woman caught up in a tide of events much greater than herself. Maybe she did the wrong thing, I think so. But I don’t know many people who would do better in the same situation. I choose to forgive her.
The good news (I think) is the big story there, is a non-story here. Very few Americans are even aware of the events surrounding the Smith-Nicole Saga. We are more concerned with the economy, taxes, jobs and whether Obama bowed to the king of Saudi Arabia or piracy in the Pacific. Thus I can tell you Americans will not likely change their opinions of the Philippines as a result of this incident. They simply aren’t aware of it.
On the other hand, my opinion of Baguio as being the greatest city in the Philippines has been enhanced. Perhaps I’ll build my next house up there.
Hi Pif,
Isn’t it awful how all the issues have been muddled and truth actually suppressed in this case? Whether she filed the case maliciously in the first place, or was actually raped but “sold out” eventually, or was prevailed upon to “recant” to lay the groundwork for the public’s acceptance of Smith’s eventual acquittal by the Court of Appeals (as is what happened late last week), she cannot be a victim in any instance.
Hi MorganJ,
You are so right about how it is the debate that is most important. For this is how the Filipinos can awaken from this apathetic stupor.
And how sweet of you to think that Baguio is the greatest city in the Philippines. It IS lovely here, and despite the little oppressions mentioned on this site, I love living here.
Visit us soon!
Lisa, OT just came to mind a saying, “Time heals all wounds.” But can also be “Time wounds all heels.”
Hi Resty,
Do wounds really heal? Or does time just top them off with scabs and they continue to fester below the skin, infecting the rest of the body?
I am talking this way because we will forget this incident but it will happen again because there has been no real healing in the Philippines, no real solutions — stop gap measures at best.
Lisa, we Filipinos are known to have short memories.
A fatal flaw, Resty, which is why I am blogging — for posterity.
This just means americans or first world sex tourists will visit other countries and get their dollars instead of the phil.