ONE MORE APPEAL TO CHINESE GOVT TO SAVE 3 PINOYS FROM DEATH SENTENCE
MANILA, MARCH 27, 2011 (STAR) By Jose Rodel Clapano - Vice President Jejomar Binay renewed yesterday his appeal to the Chinese government to grant clemency to the three Filipinos who were found guilty of drug trafficking and sentenced to death, but stressed that he is not going to China.
"On humanitarian grounds and on the basis of the strong friendship and cooperation between our two countries and peoples, I once again appeal to Your Excellency to grant clemency to these three Filipinos," Binay wrote to President Hu Jintao.
Binay, in his appeal, cited Item No. 30 of the "Notice of the Supreme People's Court on Issuing Some Advice on Implementing the Criminal Policy of Combining Leniency with Rigidity" issued last Feb. 8.
The item states that masterminds of smuggling, fraud and drug trafficking shall be "sentenced to severe penalties or death."
However, those who were forced to join the crime organization or who played minor roles shall be given leniency or commutation if they meet the requirements.
Binay said that although the Philippine government does not condone drug trafficking, it believed that the three Filipinos were merely victims of international drug syndicates.
On March 23, the Department of Foreign Affairs (DFA) announced that the death penalty for the three will push through on March 30.
Elizabeth Batain, Sally Villanueva and Ramon Credo were arrested separately in 2008 for smuggling 4.6 kilograms of heroin to China.
They were initially scheduled for execution on Feb. 21 and 22, but the Chinese government stayed the execution after Binay personally made an appeal for clemency in Beijing.
Credo and Villanueva will be executed in Xiamen and Batain in Shenzhen.
Binay assured the relatives of Batain during a meeting yesterday that he will make a personal appeal to Chinese authorities as instructed by President Aquino.
"We will still ask the Chinese government to give them clemency. But we need also to understand that the Chinese government is very strict in implementing their laws," he said.
One of Batain's sisters, who requested not to be named, expressed optimism that the execution will be deferred again.
P-Noy: We can only do so much
President Aquino, on the other hand, said the Philippines would continue to seek the commutation of sentence of the three Filipinos but stressed that there were limits to what the government could do.
"Well, we have been communicating continuously. But, again, we have to respect the laws of other lands… There's a limit to what we can actually do and we are still trying to get them to reduce the penalty," Aquino told reporters in an ambush interview after speaking before Filipino-Chinese businessmen in Pasay City.
The other day, Chinese Ambassador to Manila Liu Jianchao expressed hope the Filipino people and the government would "understand" that the executions must happen under Chinese law.
"You know, we don't have the death penalty. But, at the end of the day, there were crimes committed in a different country (and it) doesn't help that part of the testimony also admitted that they were doing something illegal. They didn't just know how, what they were smuggling then," Aquino said.
Still, the President said this would not stop the government from trying to convince Beijing to spare the lives of the three.
Lawmakers issue last minute appeal
As the day of execution draws nearer, Akbayan party-list Rep. Walden Bello joined the families of the death row convicts in making last minute appeals to stay the executions.
"We make a last appeal to the Chinese government to forgo the execution of the three Filipinos on death row," Bello, chairman of the House committee on overseas Filipino workers affairs, said in a press conference.
He said modern nation-states have abolished the death penalty, in recognition of the basic principles of human rights, including each and every person's right to life.
"Without undermining the Chinese government's decision to convict the Filipinos of drug trafficking, we urge them to have compassion," Bello said. "The highest value of humanity is compassion, and we urge the Chinese government to have compassion for the lives of the Filipinos and commute their sentence. A life sentence would definitely be preferable to a death sentence."
He said the government should not have been "overwhelmed" by the stay in executions last month.
DIWA party-list Rep. Emmeline Aglipay said the government should have continued efforts to take the three Filipinos out of the death row after the reprieve since they were all victims.
Geronimo and Basilisa Ordinario, parents of Sally Villanueva, appealed to the Chinese government for "mercy and compassion."
They said their daughter is innocent.
No benefits, no help from OWWA
Meanwhile, the Overseas Workers Welfare Administration (OWWA) said the three and their families are unlikely to get assistance from the agency.
OWWA chief Carmelita Dimzon yesterday clarified that the three Filipinos apparently left the country for China using tourist visas and therefore are not considered overseas workers.
"They are not OFWs and OWWA is only mandated to provide assistance for OFWs, particularly the recognized members of the agency," Dimzon pointed out.
Since they are not OFWs or members, she said, the three and their families are not entitled to OWWA benefits such as legal assistance, repatriation, scholarship to dependents, among others.
But OWWA stressed that the Philippine government, particularly the Department of Foreign Affairs (DFA) is extending all the necessary support for the three Filipinos and their families. –Aurea Calica, Mayen Jaymalin, Paolo Romero
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Chief News Editor: Sol Jose Vanzi
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