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Thursday, January 29, 2004
Arroyo stops execution preparation
MANILA -- President Arroyo on Wednesday ordered the suspension of all preparations for the execution of two convicted kidnappers after the Supreme Court decided to defer their execution for 30 days to further review the case.
In a two-page resolution, the Supreme Court (SC) en banc voted 7 to 6 for the 30-calendar day suspension of the execution of the two convicts, Roderick Licayan and Roberto Lara, following a request from the Public Attorney's Office (PAO). The month-long reprieve started Tuesday when oral arguments on the petition were held.
Arroyo said the SC's decision to defer the judicial execution of the death convicts "comes as a relief" to her.
"But I have always been prepared to enforce the law despite my personal beliefs about the death penalty," she said.
Lose support
The Catholic Church, while happy with the decision of the High Tribunal had warned that President Arroyo would lose the support of the Church if she insists on implementing the capital punishment.
"If the President goes ahead with her plan of executing somebody else, our choice will definitely be affected," said Bishop Pedro Arigo, chairman of the Catholic Bishops Conference of the Philippines-Episcopal Commission on Prison Pastoral Care.
He said an important criterion the Church looks for in a preferred presidential candidate is his or her stand on specific issues, like the death penalty.
While they welcomed the decision of the High Court granting Lara and Licayan a 30-day reprieve, Arigo said they would still work for the total abolition of the death penalty.
Arigo said they have been lobbying with Congress and they already have the support of several congressmen and senators who vouched to abolish the death penalty law.
Not a setback
Meanwhile, Presidential Spokesman Ignacio Bunye said the SC decision is not a setback to the government's campaign against kidnap-for-ransom groups but it has proven that the rule of law has prevailed.
He said the administration respects the decision of the SC and would "definitely abide" by it.
He added "the temporary stay of the execution shows that in this jurisdiction, the right of the condemned to due process is respected."
Licayan and Lara were initially scheduled for execution by lethal injection on Jan. 30 for the kidnapping of a Chinese businessman and his cashier in Marikina City in 1998.
The Chinese community said they respect the decision of the SC deferring Lara and Licayan's execution.
"We are not after blood at any cost. The rule of law must prevail. This is also what President Arroyo insists upon," said Donald Dee, chairman of an employers' confederation.
Senators nod
Senators, on the other hand, welcomed the decision of the SC.
Speaking to reporters, SC en banc Clerk of Court Luzviminda Puno, who signed the resolution, said the case would give the court more time "to study" the appeal for a new trial of the case against Lara and Licayan.
The SC resolution dated Jan. 26, 2004 was released Wednesday, a day after PAO Chief Persida Rueda-Acosta made her oral arguments before the High Court. Acosta was unavailable for comment Wednesday and was on an official trip to Guatemala.
Among the matters taken up and considered by the High Tribunal was the sworn statement dated Jan. 21, 2004 by one of two suspects arrested by law enforcers; accused Rogelio de los Reyes alias Noel de los Reyes and an affidavit dated Jan. 20, 2004 executed by reporter Zoni Esguerra of radio station dzRV, who interviewed both de los Reyes and Roberto Lara; a statement of one of the death con's uncle Pedrito Mabansag alias Pedro Mabansag.
Mabansag and de los Reyes had claimed that at least one of the accused was not involved in the crime.
The SC also said it gave weight to a comment filed by the Office of the Solicitor General where instate lawyers said they do not oppose a deferment of the execution.
The SC also cited a letter dated Jan. 20, 2004 of chairperson Purificacion Quisumbing of the Commission on Human Rights (CHR). The letter forwarded information in support of CHR's stand against the re-imposition of the death penalty and expressed support to the motion of Acosta for a stay of execution.
The PAO earlier asked Malacaņang to defer the scheduled execution of Lara and Licayan, who were convicted of kidnapping, after Mabansag cleared Lara of involvement in the kidnapping.
Lara and Licayan's death sentence were upheld by the SC on Aug. 15, 2001.
Lara, Licayan, Mabansag and several others were indicted for the Aug. 9, 1998 abduction of Chinese-Filipino restaurant owner Joseph Tomas Co and his cashier Linda Manaysay.
Lara and Licayan's co-accused who remain at large are Alex Placio, Jojo Sajorgo, Alan Placio, Dodong Adolfo and Benjie Mabansag.
But Licayan said he was in San Mateo, Rizal, having dinner with a friend at the time that the supposed kidnapping occurred. Lara, for his part, said he was on his way to work when arrested by police officers for the Co kidnapping. Benjamin Pulta/Marie Neri/JPM/SCT
(January 29, 2004 issue)
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