There's no need for a custody battle in the case of four U.S. Marines charged in the rape of a Filipino woman at Subic Bay, the former U.S. naval base near Manila.

The U.S. should stop its delay and do the right thing: hand over the rape suspects to Philippine authorities — now.

The Philippine government has made that request since Nov. 16, but the U.S. has ignored it, keeping the accused Marines in custody at the U.S. Embassy instead.

The Visiting Forces Agreement between the two countries allows for the U.S. to keep custody, except when the proceedings go beyond a year. Then, if the suspects leave the military, there's no obligation to the Philippines at all.

Fearing that scenario, Philippine officials invoked their right under the agreement to ask for custody in extraordinary cases.

This rape case merits such consideration.

The four accused Marines had completed counterterrorism training with Filipino troops and were on liberty at the time of the alleged rape Nov. 1.

Witnesses say Lance Cpl. Daniel Smith raped the alleged victim while three other Marines and their Filipino driver cheered or did nothing to stop the rape.

While the accused Marines have denied any rape charges, a lawyer for the victim said there were "too many bruises for there to be consensual sex."

Nationalistic Filipinos, who shut down the Subic Bay naval base in 1992, are already angry that the U.S. has found a way back into the country under the guise of anti-terrorist training. Now the rape case has become a new symbol of U.S. arrogance and threatens the current military agreement.

Handing over the suspects now — without a protracted fight — would go a long way to smooth over any misunderstandings between the two nations, and reassure Filipinos that the U.S. is interested in seeing justice served.