The recantation of ?Nicole,? the alias of Suzette Nicolas, the alleged rape victim of Lance Cpl. Daniel Smith, is a good study for non-lawyers on how the criminal justice system works.

Rape under the law is a private crime. This means that a victim may or may not sue. But when the victim sues, and the case is brought to court, it becomes a public crime. This is so since the information has the heading of The People of the Philippines versus the accused. I disagree with those who say the recantation has no legal weight.

But since there was already a conviction in the case of ?Nicole? versus Smith, there can?t be a mistrial just because there was a recantation by the victim. And since the convicted rapist elevated the case to the Court of Appeals, the victim?s recantation doesn?t mean an automatic dismissal of the case, either.

According to the rules on criminal procedure, the case should continue to exist. However, the recantation weighs heavily in favor of the appellant since the Court of Appeals is a court that decides on facts, not on questions of law. The case can even be elevated to the Supreme Court on questions of law and the Constitution.

That?s how our criminal justice system works.

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Insofar as ?Nicole?s? recantation is concerned, I have always doubted that it was rape. Smith has alleged it was consensual sex. For one thing, the antecedents of the alleged rape, and this was affirmed by ?Nicole?s? affidavit, there was neither force nor violence involved.

But, more importantly, if it was really rape, why was there a condom? It?s hard to believe that a rapist can still put on a condom in rape. They say that perhaps ?Nicole? was outraged when Smith and company dumped her by the roadside because of curfew.

But then, the case was filed. I can only speculate because of people who entered the picture with motives. And of course, ?Nicole? had her motives, too.

But in a way, it?s good because all these have shown the lopsidedness of the Visiting Forces Agreement. Santa Banana, the bottom line is the need to review the VFA and possibly renegotiate its lopsided provisions for the sake of public and national interest! At least, something good and salutary could come out of it.

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Legacy?s saga continues?and so does the ?war? against the criminal minds behind it.

After the Bangko Sentral ng Pilipinas filed another case for syndicated estafa, through the Villaraza Cruz Marcelo & Angangco Law Office, against the top officials of the Legacy Group, the Philippine Deposit Insurance Corp. filed its own case of syndicated estafa, a non-bailable offense.

According to Senator Mar Roxas, whose committee on trade and commerce is investigating the case, he is currently gathering complaints from all victims of the Legacy scam with the intent of filing a class suit against the Legacy Group and its top officials. And Mar, no doubt, is on the right track.

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The thought of thousands of furious victims coming out and filing suit after suit against the Legacy Group should be enough to make any ordinary man cower with fear. Yet, the man behind one of the country?s biggest scandals to date apparently remains unperturbed in the face of all the allegations that could send him to jail?for more than a hundred years.

In fact, if we were to believe the statements of his wife and son that their involvement stops on paper, why would Celso de los Angeles even bat an eyelash at all the allegations against him? If a man can involve his own family in such a massive fraud, spanning several regions of the country, if he can stomach sending bank after bank into bankruptcy just to fund his personal coffers, then accusations from total strangers will not cost him any sleep.

But, Santa Banana, according to various news reports, Celso de los Angeles is a man who probably sleeps extremely well. Who wouldn?t, with a private island in Leyte awaiting him? Or a veritable mansion in Ayala Alabang? Not to mention the stable of luxury cars kept for his traveling pleasure.

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Reports have also repeatedly mentioned De los Angeles? expensive gifts to ex-Securities and Exchange Commission commissioner Jesus Martinez and the exorbitant consultation fees in the amount of P1.8 million given to one of our congressmen. It?s not hard to believe that many other government officials may be involved in this massive scam. De los Angeles needed people to hide the paper trail and make him disappear in the multiple layers of corporate holdings, hidden as they were behind a ?corporate veil.? And what better way to get the SEC?s cooperation than to give the commissioner?s son a house in Para?aque City worth P3.2 million? Or, a Ford Expedition worth over P2 million?

Now, it?s the husband of the SEC chief who has alleged ties with De los Angeles. My gulay, what?s next? And the honorable congressman/consultant of De los Angeles who reportedly received millions to assist in concealing the fraudulent transactions is equally as shameless as the SEC officials. After all, he welcomed the gifts with open arms.

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Despite the publicity generated by the Legacy Group, De los Angeles? activities remain too incredible for words. That a single person could conceptualize this scheme and influence hundreds of people into perpetuating this fraud is, Santa Banana, mind-boggling. That he victimized rural banks, whose funds come from the hard-earned money of our countrymen, borders on the fantastic. It?s stuff for the movies!

When you feel yourself being apathetic about the whole shebang, or resigned to the fact that someone with billions like De los Angeles is not likely to be convicted of anything, just remember the mother of four who invested her life savings of P35,000 in one of his banks and lost it all. Or, the hundreds of other poor folk gone poorer because of the scam. These thoughts will surely engender a clamor for justice.

Hopefully, more cases will be filed against De los Angeles and his team of criminal minds. Hopefully, they will be made to pay for the fraud they have cold-bloodedly committed against the Filipino people. My gulay, I say hopefully, because in this country, the rich or the moneyed seldom go to jail!

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I?m privy to the case of Ramon ?RJ? Jacinto, a musician-businessman, against the Philippine National Bank, then controlled by government until taipan Lucio Tan bought out government shares. Jacinto sought my help in making the public aware of the injustice done on him over the 8,000-square meter prime property at the corner of Buendia (Gil Puyat Avenue) and Makati Avenue.

Thus, I?m happy that the Supreme Court has ruled with finality the return of the prime property to RJ.

In its decision, the SC upheld the ruling of the Court of Appeals that the PNB, then controlled by the government, erred. At the time, RJ could not pay his mortgage representing the total amount of over $350 million to the bank because of the financial crisis that hit Southeast Asia in 1997. RJ made a downpayment of $140 million, and then mortgaged 80 percent of the property back to the bank. The bank foreclosed the property after RJ sought to denominate his loan in pesos. Then, the PNB reneged on the agreement to restructure RJ?s loan and foreclosed the property, even after RJ had elevated the case to the Court of Appeals.

RJ?s problem doesn?t end there, however. The property has since changed hands after the PNB got privatized. Now, RJ has to claim his right to the property, and has to renegotiate again with PNB, now controlled by Lucio Tan. But at least RJ sees now a light at the long end of the tunnel of his struggle to become the new kid in the block of prime property owners, and even developers.

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It?s difficult to reconcile President Arroyo?s continued loss of acceptability and popularity by people as shown in poll surveys with the fact that the results of her policies have resulted in the country surviving the worldwide financial and economic meltdown with many of our neighbors undergoing recession.

Well, I guess people do not understand, much less see through the results of GMA?s fiscal and economic reforms and the successes along this line of her economic managers.

What they know is what they read in the newspapers and watch over television about scams and scandals rocking the administration, and the alleged involvement of First Gentleman Mike Arroyo, which have not been proven. Perception is most often farthest from reality!

And this is where the opposition has succeeded in demonizing her, giving people the perception that the President tolerates corruption or is even involved in them. Well, I guess history will be the better judge.