The Court of Appeals has acquitted the US Marine who was convicted of raping a Filipina in 2005.

Lance Corporal Daniel Smith has been ordered “released immediately unless held for other lawful cause,” read the 71-page decision penned by Associate Justice Monina Arevalo-Zena of the special 11th division.

Smith is currently in the custody of the US embassy. His acquittal, two years after his conviction at the Makati regional trial court, removes an irritant in the implementation of the Philippine-US Visiting Forces Agreement, months after US President Barack Obama called up President Gloria Macapagal-Arroyo to emphasize the importance of the VFA in the two countries’ relations.

The VFA came under fire for its alleged lopsided provisions when the Philippine government surrendered custody of Smith to the US embassy even after his conviction, based on a provision in the VFA, which stated that the US embassy would retain custody of American servicemen pending all legal proceedings on any offenses they might have committed.

US Marine in Subic rape case acquitted - INQUIRER.net, Philippine News for Filipinos

GMANews.TV - RP court acquits US serviceman of raping Filipina in Subic - Nation - Official Website of GMA News and Public Affairs - Latest Philippine News - BETA

(UPDATE 2) CA acquits Smith of 'Nicole' rape | ABS-CBN News Online Beta