MANILA, Philippines — A U.S. Marine was convicted Monday of raping a Filipino woman and sentenced to 40 years in prison, ending an emotional trial that has strained U.S.-Philippine ties and tested a joint military pact.

Three other Marines and their Filipino driver were acquitted of complicity.

Lance Cpl. Daniel Smith, 21, from St. Louis, was the first American soldier convicted of wrongdoing in the Philippines since the country shut down U.S. bases here the early 1990s. His lawyer, Ricardo Diaz, said he would appeal.

Staff Sgt. Chad Carpentier, Lance Cpl. Keith Silkwood and Lance Cpl. Dominic Duplantis, who had been accused of cheering Smith on, were freed.

Smith, who was in the country for joint training, did not deny having sex with the 23-year-old woman but testified that it was consensual.

The court said the woman, known publicly by her pseudonym "Nicole," was so intoxicated that she could not have consented to sex, pointing to testimony that Smith carried her to a van where the incident occurred on Nov. 1, 2005.

"He was the one who was on top of the complainant, who resisted his kisses, pushed him and fought him back until she lost consciousness because of alcoholic drinks she had taken," said the decision by Judge Benjamin Pozon of the Makati Regional Trial Court. A court employee read the decision live on national television.

Pozon said in English that the severe penalty was aimed "to protect women against the unbridled bestiality of persons who cannot control their libidinous proclivity."

Some cheers and applause broke out in the courtroom, and Nicole began weeping as supporters embraced her.

"We're very happy, we laud Judge Pozon for showing courage and judicial independence," the woman's lawyer, Evalyn Ursua, said.

About 100 protesters had gathered outside the courthouse, demanding the government scrap the 1998 Visiting Forces Agreement that allows U.S troops to train with Philippine troops after the Philippine Senate ordered U.S. bases shut down in the early 1990s.

Under the pact, the Marines were placed under U.S. custody during the court proceedings.

The U.S. military presence in the Philippines has been credited with helping Filipino troops crack down on Muslim militants in the country's south but activists have rallied against the treaty, saying it favored Washington.

"Hundreds of thousands of American servicemen and women are deployed across the world in the war on terror. By bringing hope to the oppressed, and delivering justice to the violent, they are making America more secure. "
George W. Bush

"Hundreds of thousands of American servicemen and women are deployed across the world in the war on terror. By bringing hope to the oppressed, and delivering justice to the violent, they are making America more secure. "
George W. Bush

MANILA, Philippines — Philippine officials defended their decision Tuesday to transfer a U.S. Marine convicted of rape from a local jail to the American Embassy, and a lawyer for the victim filed a contempt of court complaint against them.

The United States also announced that it would go ahead with joint military exercises with Philippine forces in February — exercises that the U.S. had earlier canceled, citing the custody dispute.

The victim's lawyer, Evalyn Ursua, alleged that the Philippine secretaries of the interior and justice violated the order of the Court of Appeals to keep Lance Cpl. Daniel Smith, 21, of St. Louis, in a Manila jail while he appeals his conviction and 40-year prison sentence.

A 23-year-old Filipino woman accused Smith of sexually assaulting her in November 2005, as three other Marines allegedly cheered him on.

President Gloria Macapagal Arroyo said the government had to take action "in order to forestall the further deterioration in our strategic relationship with the United States."

"I wish to appeal for understanding from the people that this action will not affect the substantive issues at bar, nor impede justice and the rule of law," Arroyo said in a statement.

About 50 protesters, most of them women, burned an American flag near the U.S. Embassy and called Smith "a fugitive."

The case has strained relations and tested a joint military pact between the two countries, under which U.S. troops have trained Filipino forces in counterterrorism tactics.

That training has been credited with helping local forces make gains against Muslim extremists. But left-wing groups have staged regular protests outside the U.S. Embassy, claiming the American servicemen were getting special treatment, undercutting the country's sovereignty.

Interior Secretary Ronaldo Puno told a news conference that the government had no choice but to hand Smith over because it had to respect the bilateral military pact.

"We are telling the world that we are complying with our treaty obligations," Puno said.

A provision in the 1998 Visiting Forces Agreement, which governs the conduct of U.S. troops in the Philippines, states that any accused U.S. serviceman shall remain in American custody until all judicial proceedings are exhausted.

The battle over Smith's custody prompted Washington last year to cancel the joint military exercise, with U.S. officials saying they could not ensure safety for thousands of U.S. troops while the provisions of the military accord was in question. Following Smith's transfer to U.S. custody, the embassy said Washington has decided to proceed with the joint exercises.

Puno denied there was any violation of the court's order. Judge Benjamin Pozon ordered Smith detained in the local jail, Puno said, before the U.S. and Philippine governments agreed he should be transferred to the embassy during his appeal.

The Court of Appeals then "noted" the agreement between the Philippines and the U.S. Embassy to have Smith transferred into American custody. The government took the appeals court's action as a green light to relinquish custody of Smith on Friday.

Puno said the U.S. Embassy granted Philippine officials unprecedented visitation rights to check on Smith whenever they want, and officials made the first visit Tuesday.

In addition to charging government officials with contempt, Ursua asked the court to dismiss Smith's appeal and issue a warrant for his arrest, in order to force him to start serving his sentence in a Philippine jail.

The case has created political problems for Arroyo.

Left-wing lawmakers said they may seek to impeach her — which would be a third such attempt in the last two years.

"Hundreds of thousands of American servicemen and women are deployed across the world in the war on terror. By bringing hope to the oppressed, and delivering justice to the violent, they are making America more secure. "
George W. Bush