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Thursday, January 29, 2004
2 death convicts get 30-day reprieve
By Avelyn Z. Agudon
* Government officials and the Catholic Church express joy and thanksgiving for "prayers heard"
GOVERNMENT officials and the Catholic Church, particularly in Negros Occidental, including Bacolod City, expressed joy and thanksgiving for "prayers heard."
The Supreme Court released the order dated Jan. 26, the same day when the Public Attorney's Office and the Office of the Solicitor General presented their oral arguments seeking a stay of execution with the emergence of new evidence absolving Lara of charges of kidnapping of a Filipino Chinese businessman and his Filpino cashier in 1998.
In its three-page order, the High Tribunal ordered Dionisio Santiago, on-leave Bureau of Corrections director, "to temporarily suspend the execution of accused appellants Licayan and Lara on 30 January 2004" to establish whether the "affidavits presented to support the motion to re-open the kidnapping case constitute a newly-discovered evidence that will warrant new trial."
Affidavits that were presented to support the motion to re-open the kidnapping cases were that of Rogelio de los Reyes, alias Noel delos Reyes, who earlier cleared Lara of the case; Corazon de los Reyes Esguerra, alias Zoni Esguerra of DZRV; transcription of the taped interviews of Delos Reyes and Lara conducted by Esguerra; and of Pedrito Mabansag, alias Pedro Mabansag, uncle of Lara and the alleged mastermind who also cleared Lara of the charges.
Upon hearing the SC's decision, Lara's mother, Benilda, went to see her son. She maintained that her son is innocent of the charges. "My son is innocent. He was tortured for him to admit the crime," Benilda said in Hiligaynon.
In an interview over dyEZ Aksyon Radyo, Benilda and Lara's children, who have been staying at the National Bilibid Prisons' parish church for the past two weeks, said they were happy on the Supreme Court's decision.
This was also the sentiment of Msgr. Roberto Olaguer, NBP chaplain, the man who Lara confided to and to who he confirmed that it was Mabansag who masterminded the abduction of Filipino-Chinese businessman Joseph Co and his Filipino cashier Linda Manaysay.
Joy and thanksgiving
The Social Action Center of the Diocese of Bacolod expressed joy and thanksgiving over the SC's decision.
The church, however, expressed hopes that the trial will be swift and fair, and that the death penalty will finally be abolished.
It reiterated "that the poor are always its (the death penalty) easy victim while the rich and powerful often go unpunished as in the case of coup plotters, plunderers and heads of big syndicated groups; and the lopsided implementation of the penal system appears to be very vulnerable and biased to penalizing the poor, even if probability of innocence is high."
"We believe that criminals are only symptom carriers of our social ills. We therefore urge the President to look deeper into the roots of these crimes so that proper solutions may be prescribed accordingly," the SAC said.
President Arroyo earlier was firm of her decision not to stop the execution.
The church earlier led the protest action dubbed as "Prayer Rally for Lara, Prayer Rally for Life," seeking Arroyo's change of heart.
Prayers heard
Gov. Joseph Maraņon, on the other hand, said all their aspirations and prayers were heard.
Maraņon said the new evidence has to be resolved to give justice and save the lives of the innocent.
"It humanizes the law. I'm glad and happy the lawyers could present the new evidence in court," Maraņon said.
In an interview with radio station dyWB Bombo Radyo, Mayor Luzviminda Valdez said she is glad that another life was saved because of the Supreme Court's decision.
Lawyer Andy Hagad, one of the lawyers who signed the petition for Arroyo to stay the execution, believed God answered the prayers of Negrosanons.
Hagad added it is too late for the SC to decide but because of God's miracle they decided to reopen the case.
"Our move shows how united (we are). It went beyond what is purely legal," he said.
Case
Licayan and Lara, both construction workers, were convicted by the Marikina Regional Trial Court September 9, 1999 for the kidnapping in August 10, 1998.
The SC then affirmed their death sentence on August 15, 2001.
Co and Manaysay were kidnapped around 1:45 a.m. at Goodies Pares Mami House at Loyola Cor. Constancia St., Sampaloc, Manila.
The suspects, who demanded a P10 million ransom, took the two with the use of Toyota Tamaraw FX owned by Co as getaway vehicle to a house in Daang Bakal in Parang, Marikina.
They were kept under detention until they escaped the following day at 4:30 p.m.
The two were identified by Co and Manaysay in a line-up which also included eight defunct Presidential Anti-Organized Crime Task Force (PAOCTF) members.
(January 29, 2004 issue)
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