The government will ask the Supreme Court to explain its decision ordering the government to negotiate with the US the transfer of rape convict Lance Cpl. Daniel Smith to Philippine custody, an official has said.

The Court?s Feb. 11 ruling must be clarified because it ?appears to be unclear? on the extent of Philippine jurisdiction over soldiers convicted of a crime under the Visiting Forces Agreement with the United States, Justice Secretary Raul Gonzalez said in a legal opinion submitted to the Senate.

Smith was convicted of rape in 2006 for raping a Filipina, known only as Nicole, in Subic, Zambales, on Nov. 1, 2005.

The US Embassy took custody of him after sentencing under an agreement signed by Foreign Affairs Secretary Alberto Romulo and US Ambassador Kristie Kenney.

But the Supreme Court ordered the government to renegotiate that agreement after ruling it violated the defense deal with the United States. Smith must be turned over to a Philippine jail, it said. Rey E. Requejo