Philippine President Gloria Macapagal Arroyo Tuesday defended the decision of the government to transfer the custody of U.S. marine Lance Corporal Daniel Smith, who was convicted of raping a Filipina woman, to the U.S. Embassy.

In a public statement about the issue for the first time,

Arroyo said the transfer would not affect the substantive issues of the rape case against the American serviceman, who was sentenced to 40 years in prison by a court in Makati, Metro Manila, early last month. He was taken into a prison in Makati after the verdict but was transferred to the U.S. embassy last Friday.

Arroyo said the executive branch of the government was prepared to face legal challenges to this decision. "We are confident that its legitimacy and wisdom will be upheld," she said.

"The government had to take this action in order to forestall the further deterioration in our strategic relationship with the United States, which was being rapidly eroded by our non- compliance with the Visiting Forces Agreement (VFA)," she said.

The VFA is a bilateral agreement signed in 1998 between the United States and the Philippines. Under the agreement, the U.S. has custody right over U.S. servicemen who commit crimes in the Philippines.

Arroyo said such a "difficult decision" was made and taken with only the best interest of the Philippines in mind.

"I therefore ask all Filipinos to stand by it and to stand behind our alliance with the Untied States to fight terror and poverty," she said.

The administration is under fire from some opposition lawmakers and women's rights groups for the transfer of Smith to the U.S. Embassy even while the case is pending before a court of appeal.

A lawyers' group also warned of a constitutional crisis because of the executive branch's supposed disregard of the judiciary.

Senate Minority Leader Aquilino Pimentel Jr. said the issue would cause political turbulence for Arroyo.

Source: Xinhua