Laywer Evalyn Ursua

Evalyn Ursua, lawyer of Subic rape victim “Nicole” on Sunday, said she is losing hope that rape convict US Marines Lance Corporal Daniel Smith will be turned over to Philippine authorities.

Ursua said she believes the country will not likely get custody of Smith following the call of US president Barack Obama to President Arroyo on Saturday where he reaffirmed his country’s commitment to the long-standing alliance with the Philippines including the Visiting Forces Agreement.

Ursua asserted Obama's call was a clear message to the Philippine government to lay off the VFA amid calls from the agreement’s critics for a review.

“Iyon ‘yong mensahe niya kay GMA [Gloria Macapagal Arroyo] sa kaniyang tawag na dapat panatilihin iyong kasalukuyang sitwasyon na mayroon kaming free access diyan sa lahat ng mga lugar sa Pilipinas kung saan naming gustong pumunta at walang galawin dito sa arrangement na ito,” said Ursua.

Opponents of the VFA have criticized and belittled the phone conversation between President Arroyo and Obama and said the campaign to abrogate the agreement will continue.

Sen. Francis Pangilinan on Sunday urged the Philippine government to revisit the agreement and take steps to correct it.

In an interview on ABS-CBN News Channel's Dateline Philippines Sunday, Pangilinan said the call would have been the perfect opportunity for Mrs. Arroyo to mention the national interest in light of the custody issue over US serviceman Lance Corporal Daniel Smith and the growing opposition to the VFA in the country.

Pangilinan, who is calling for the abrogation of the agreement, said nine senators have vocally questioned the validity of the treaty which seems to favor US interest.

"We were hoping PGMA could've mentioned fact there are questions in the Senate who question the validity of the VFA... our Constitution says it must be recognized. Our position in the Senate is that this is unconstitutional and we need to make presentations to correct it," he said.

Obama called Mrs. Arroyo on March 13 to reaffirm America's commitment to the long-standing Philippine-US alliance.

Obama reportedly commended President Arroyo on the Philippine’s efforts in countering terrorism and modernizing the Philippine’s Armed Forces.

Obama also reportedly reiterated his commitment to the VFA, an issue that has put military and diplomatic relations between the two countries in question.

Calls for the abrogation of the VFA rose after Smith was convicted of raping “Nichole” in 2005.

Smith was placed under US custody with both US and Philippine officials citing the VFA.

A recent Philippine Supreme Court ruling, however, said Smith should be transferred to a detention facility under Philippine authorities. With a report from Atom Araullo, ABS-CBN News