By ngamolo
Manila : Philippines | Jul 13, 2010
By Nora O. Gamolo
http://www.allvoices.com/contributed-news/6296134-aquino-intercession-sought-on-3-ofw-death-convicts
As President Benigno Simeon ‘Noynoy’ Aquino III prepares for his first ever State of the Nation Address (SONA), a Mid-east Filipino migrant group urges him to intercede for three overseas Filipino workers (OFWs) now on Saudi Arabia’s death row.
OFWs Victorino Gaspar, Jr., Paul Miquibas, and Edgardo Genetiano were found guilty by the Jizan General Shari’ah Court (trial court) of the crime of murder with robbery. They were convicted on a vote of 3-2 by a committee of five judges, and sentenced to suffer the penalty of ta’azeeran qati (death which cannot be settled by payment of blood money).
The Philippine Consulate General in Jeddah has been directed to exhaust all legal remedies to help the three OFWs.
In an email to media, Migrante-Middle East regional coordinator John Leonard Monterona says there are a big number of considerable numbers of OFWs on death row now awaiting government assistance to save them.
Aquino should now bare his plans to save them in his SONA, advises Monterona. The SONA is always a politically volatile performance for any Philippine president, as it is normally accompanied by rallies and demonstrations, criticizing the president on one hand, and glorifying him on the other.
Monterona asserts that OFWs are dissatisfied and disgruntled with the previous Arroyo administration, and have expressed high expectations of Aquino who ran on a platform of anti-corruption and moral and economic recovery.
“It is quite alarming because some cases of OFWs on death row are now aging. Some are under appeal. Some await final verdict. Nobody wants to witness an OFW execution,” said Monterona.
He bares that there are about 100 cases of OFWs on death row. About 50% of these cases are drug-related, involving OFWs apprehended in China on suspicion that they are mules or human carriers of drugs.
“Based on the initial investigation and discussion with some of the families of OFWs on death row, especially those who have been caught possessing illegal drugs in China and Iran, it appears that the OFWs have been victims of illegal drug traffickers who lured them in exchange for a huge amount,” said Monterona.
Monterona added that these OFWs include those who suddenly became unemployed or who suffer poor work conditions. They resort to illegal activities like transporting illegal drugs out of desperation to support their daily subsistence and send money to their families in the Philippines.
“The individual cases of the 28 OFWs in death row in the Middle East, mostly in Saudi Arabia is different. They were forced to commit a crime in defense of their person and well being under an abusive employers or attackers,” Monterona added.
Monterona cited the case of OFW Joselito Zapanta, who is still awaiting legal assistance form the Philippine government since his case is under appeal in the Saudi Appellate court.
In June 2009, OFW Zapanta killed his Sudanese landlord, but testified later that it was done in self-defense. He alleged that his landlord had beat him hard for not paying his rent.
He also cited the case of OFW Jakatia Pawa, a 33-year old domestic worker convicted in in Kuwait for allegedly killing her employer’s daughter in 2007. On January 2010, the Kuwait Court of Cessation affirmed Pawa’s death sentence.
“We are more than willing to hear from Mr. Aquino’s first SONA, for him to disclose his administration’s plan in saving the lives of OFWs on death row. But it must be accompanied by swift actions by various concerned government agencies, not just issuing directives and policy statements,” Monterona averred.
OFWs and their dependents are also looking for the implementation of adequate free on-site services and welfare programs for OFWs and their dependents within his 100 days in office.
Monterona said there are 28 OFWs on death row in the Middle East alone. Six of them had been executed under the “most anti-OFW and negligent administration of Gloria Macapagal-Arroyo.”
Meanwhile, the Department of Foreign Affairs (DFA) will recommend to Aquino to personally intercede in the case of three OFWs convicted of killing and robbing another Filipino worker in Jeddah.
In the event the Supreme Court sustains its decision, the DFA said Aquino could make representations with the Saudi King for the grant of executive clemency to the three OFWs.
The Consulate General was also directed to closely coordinate with the families of the accused and of the victim, and to constantly monitor their case.
The three OFWs were convicted for the murder of Raymundo Dimaculangan, another OFW from Laguna, after stealing the latter’s 32,000 Saudi riyals which he borrowed from a bank.
The Consulate General has engaged the services of the Law Office of Abdullah Al Johani which is representing the three workers. This is the second time the DFA hired a lawyer to represent the three OFWs.
During the trial, the three OFWs said they did not have any motive and have valid alibi to prove they did not commit the crime. They also claimed they were forced to make a confession during detention.
According to the Consul General Ezzedin Tago, the legal counsel of the three Filipinos has filed an appeal before the Jizan General Court last July 4.
The Consulate General said it has been conducting regular jail visitation and extending consular assistance to the three convicted Filipinos and regularly giving their families updates on their case.