[PHOTO - Edith Ordinario holds a picture of her daughter Sally (second from left), one of three convicted Filipino drug mules set for execution in China. Inset shows NBI agents escorting Tita Nera Cacayan, Sally Ordinario's suspected recruiter who appeared before the NBI yesterday. Jonjon Vicencio/Edd Gumban |MANILA, Philippines]
MANILA, FEBRUARY 19, 2011 (STAR) By Pia Lee-Brago and Aurea Calica - China has acceded to a request by the Philippines to send Vice President Jejomar Binay to Beijing to plead for the lives of three Filipinos set for execution next week for drug smuggling.
But Beijing has declined to arrange a phone communication between Chinese President Hu Jintao and President Aquino, citing the "final" and "irrevocable" decision of its court sentencing the three to death.
The Department of Foreign Affairs announced last night that the Chinese government notified the Philippine embassy in Beijing that Binay would be allowed to visit.
Binay is scheduled to leave for Beijing this morning. He will meet with the president of the Supreme People's Court and China's executive vice foreign minister tomorrow.
"In receiving Vice President Binay, the Chinese government took into serious consideration the sentiments of President Benigno Aquino III and the Filipino people," Foreign Affairs Secretary Alberto Romulo said in a statement.
Earlier in the day, Binay said hope springs eternal as he promised to continue communicating with Chinese officials to save the three.
"We should pray more... maybe miracles can happen," the Vice President said in a press briefing at Malacañang. "Let's not say it's over."
"There is still a possibility that even if we are not there, or I'm not there to make an appeal… maybe we can get the stay of the execution through prayers. That is the optimism, as long as it's not happening, we will continue to hope and pray," Binay said.
Foreign affairs spokesman Eduardo Malaya also said the Department of Foreign Affairs (DFA) would continue its efforts to secure a commutation of the death sentence on the three Filipinos.
"As instructed by President Aquino, we continue to pursue vigorous representations on behalf of our three nationals, on humanitarian grounds," he said.
Binay earlier said Foreign Affairs Undersecretary Esteban Conejos relayed to him Beijing's message that "the time is not appropriate" for him to go to China to plead for the lives of the three.
"Unfortunately, it involves two parties here. It can't be unilateral act wherein you go to China just like that. My trip to China must be approved by the Chinese government," Binay said.
Facing execution on Monday are Ramon Credo, 42; and Sally Ordinario-Villanueva, 32. Elizabeth Batain, 38, is scheduled to be executed on Tuesday.
Credo was convicted for smuggling 4,113 grams of heroin on Dec. 28, 2008 in Xiamen while Villanueva was meted death penalty on Dec. 24 in the same year for smuggling 4,110 grams of heroin in Xiamen.
Batain was found in possession of 6,800 grams of heroin in Shenzhen and sentenced on May 24, 2008.
Binay said in the Palace press conference that he did not want to view China's message as outright rejection because the interpretation could be "subjective and speculative" and that he would rather be "optimistic."
"There is still hope as long as the event does not happen yet. Let us just think that there is still a chance (to save them) rather than raise a white flag and say it's over," he said.
"Let's just see. We are doing all our best formal and informal way of appealing for a stay of execution," he said.
"We do not question the decision of the Chinese courts in meting the death penalty to the accused. However, the accused are not the principals in this case," Binay said.
"Drug trafficking, pushing, manufacturing and use are not their main occupation. They are ordinary Filipinos who left the country hoping for a better life for their families in the Philippines. They were taken advantage of by another person or group of persons and made to carry illegal drugs in exchange for easy money," he added.
Beijing's finally acceding to Binay's visit came after the Philippines' decision not to send a representative to the Nobel Peace Prize awarding ceremony for detained Chinese dissident Liu Xiaobo in Oslo in December last year. Manila also deported 14 Taiwanese accused of fraud to Beijing instead of Taipei citing its strict adherence to its one-China policy.
Binay said the Philippines should exhaust all means to convince Beijing that the Filipinos convicted were only used as drug mules and were not part of drug syndicates.
"The Chinese President has no power under Chinese law to grant commutation of sentence, issue pardon or otherwise exercise executive clemency in favor of those who have been tried and convicted by the courts," a source at Philippine embassy in Beijing said.
Humanitarian grounds
Binay admitted it would be hard to make Chinese officials change their minds, but that appealing on humanitarian grounds might do the trick.
"According to the Chinese law, once you're caught with 50 grams (of illegal drugs that is already punishable with) death penalty. Our fellowmen, unfortunately, what was caught from them ranged from 4,000 to 6,800 grams," Binay said.
"Let me just talk to you as a lawyer. Of course, the process here is - there is discretion to give a reprieve. But this penalty was meted as passed upon by their courts in accordance with their rules. They are really very strict, it's just like us here, we are also stringent, it's just that we do not have death penalty here, even if (the offense) is deserving of death penalty, it's only life imprisonment," Binay said.
He said the Philippines would want to tell the Chinese the stories of Filipinos used as drug mules and help save them from execution. He said he had been told that even drug convicts in China could get a reprieve after two years of good behavior.
Binay also said the Philippine government would exert all efforts and cooperate with China in arresting members of drug syndicates.
The Vice President also stressed that the more than 200 Filipinos jailed in China on drug charges were being assisted.
He said one of the three facing execution even hired a private lawyer while the two others were represented by court-appointed counsels.
And as early as August 2010 or two months after he assumed office, Binay said the President had written China three times about the plight of the Filipinos.
It was the second time for China to decline a Philippine request to send delegates to Beijing. The first was after the Rizal Park hostage crisis, which ended in the deaths of eight Hong Kong tourists.
Deputy presidential spokesperson Abigail Valte said the planned trip of the President to China in May was still a go despite the impending execution of the three.
Asked to comment on whether Aquino should proceed with his state visit to China, Binay said, "I don't want to jump on anything. That will be within the province of speculation. It's a decision the President will have to make."
Binay also said the government is facilitating the travel of the families of the three Filipinos to China.
"We are not sure how many will be allowed by the Chinese government. We are not sure how many will be accommodated by the Chinese government," Binay said.
Conejos said the three Filipinos would be allowed visits from their families a day before the execution.
"Under Chinese law, on the execution schedule itself nobody will be present not even the family, not even consular officials. The visit will be made a day before," Conejos said.
Recruiter surfaces
Meanwhile, the alleged illegal recruiter who reportedly handed Villanueva the bag containing heroin showed up yesterday at the National Bureau of Investigation to clear her name.
Tita Nera Cacayan, 54, of Alicia town, Isabela, even held a press conference at the NBI to deny involvement in drug trafficking. She also denied she was Villanueva's recruiter.
"We all know that it's very strict in the Philippines. They check everything if you are leaving the country. You will also be ordered to remove your shoes," Cacayan said in Filipino.
NBI Deputy Director for Intelligence Services Ruel Lasala said Cacayan "voluntarily" went to the bureau to give her statement.
She said Villanueva is a town mate and distant relative. "She used to live in our place," Cacayan said.
She also said Villanueva's father Geronimo is a relative of her grandmother. She said she couldn't say why Villanueva's family was incriminating her, but hinted envy might be the reason. She admitted other Filipinos languishing in foreign jails had hurled the same accusations at her.
Cacayan said she wept on learning that Villanueva would be executed.
She added she and Villanueva had worked in Macau as domestic helpers and had supported each other financially.
"Maybe the reason why they are implicating me is that they are themselves engaged in illegal activities that's why they ended up in jails. Maybe they are envious of me because I do not want to engage in such job," she said.
The family of Villanueva also showed up at the NBI to relate the circumstances that led to her arrest.
Villanueva's brother Jason Ordinario identified Cacayan as the one who recruited and handed her sister the bag containing heroin. Villanueva's father Geronimo said Cacayan had promised his daughter a job as a cellular phone dealer abroad.
Understandable
Sen. Miriam Santiago, for her part, said China's strong stance should be seen as a message to the world that it does not tolerate illegal drug use.
"I think China is very sclerotic about it, that is to say it is very strong about its position because it wants to emphasize to the whole world its grim determination to keep drugs away from China," Santiago said.
Senate President Juan Ponce Enrile also said it was unlikely for China to soften its stance.
"In the domain of each country, their criminal laws are supreme. They go into the very core of their law and order, the stability of their society. You cannot intrude into that unless they want to agree. You can appeal, you can plead, but you cannot demand," Enrile said.
President Aquino said the other day that this issue could serve as a test to the bilateral relations between China and the Philippines.
"We're hoping (for) some reciprocity. I think our request is very reasonable. And we have improved bilateral ties with China. This will be a test," he said.
"No I don't think so," Santiago said. "These are extreme views and you're putting China on the spot so to speak. It's not a test of our relationship. It is more or less a matter of let us say, the collective will of the states of the world to abolish the drug trade."
Meanwhile, the Labor department advised overseas Filipino workers against carrying padala or packages from other people.
"These may contain drugs. If they are caught carrying illegal drugs, they will face very dire consequences," Labor Secretary Rosalinda Baldoz warned. - With Sandy Araneta, Marvin Sy, Jose Rodel Clapano
Chief News Editor: Sol Jose Vanzi
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