Is the Philippines an Outlaw Nation?

Is the Philippines an outlaw nation? According to one expert that would be the case if the Philippines decided to reinstate the death penalty.

https://www.philstar.com/headlines/2022/08/23/2204575/lawmaker-no-stopping-death-penalty-revival-even-if-philippines-barred-doing-so

A lawmaker is once again pushing for the revival of death penalty even if the country is barred by an international agreement from reintroducing capital punishment.

The Philippines is a party to the Second Optional Protocol to the International Covenant on Civil and Political Rights which explicitly prohibits state parties from carrying out executions within their jurisdictions.

This, however, is not deterring lawmakers like Rep. Robert Ace Barbers (Surigao del Norte) from pushing for the reimposition of the death penalty for heinous crimes, with him saying that the will of the majority trumps any mandate imposed by international organizations.

“If there is a strong sentiment that the Philippines would want a restoration of death penalty for the capital crimes or the heinous crimes committed, then no international organization can stop us from implementing such,” Barbers said Tuesday in a news conference.

He added that he will stand by the democratic process and whatever the majority approves.

International law expert William Schabas said in a 2019 speech that reviving death penalty would mean that the Philippines will no longer be able to enter future international treaties as it would earn a global reputation as a country unable to abide by its word.

The last time that the Philippines exited an international agreement was when former President Rodrigo Duterte withdrew the country from the Rome Statute which established the International Criminal Court after its prosecutor initiated a preliminary examination into the alleged crimes against humanity that occurred during the course of the “drug war.”

But unlike the Rome Statute, the ICCPR and its Second Optional Protocol do not have withdrawal clauses, effectively binding the Philippines not to carry out executions permanently.

If the Philippines goes ahead with its death penalty measure, it would be the first country after North Korea to openly challenge a global treaty and would be known worldwide as an international outlaw, Schabas said.

Because the Philippines is a party to the Second Optional Protocol to the International Covenant on Civil and Political Rights the Philippines is prohibited from carrying out the death penalty. 

What is the International Covenant on Civil and Political Rights? 

The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits states parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. It was adopted by United Nations General Assembly Resolution 2200A (XXI) on 16 December 1966 and entered into force 23 March 1976 after its thirty-fifth ratification or accession. As of June 2022, the Covenant has 173 parties and six more signatories without ratification, most notably the People's Republic of China and Cuba; North Korea is the only state that has tried to withdraw.

https://en.wikipedia.org/wiki/International_Covenant_on_Civil_and_Political_Rights

The Philippines signed the treaty in 1966, it was ratified in 1986, and finally entered into force in 1987.

The Second Optional Protocol is an optional subsidiary agreement of the ICCPR.

The Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, is a subsidiary agreement to the International Covenant on Civil and Political Rights. It was created on 15 December 1989 and entered into force on 11 July 1991. As of April 2022, the Optional Protocol has 90 state parties. The most recent country to ratify was Kazakhstan, on 24 March 2022.

The Optional Protocol commits its members to the abolition of the death penalty within their borders, though Article 2.1 allows parties to make a reservation allowing execution "in time of war pursuant to a conviction for a most serious crime of a military nature committed during wartime" (Brazil, Chile, El Salvador). Cyprus, Malta and Spain initially made such reservations, and subsequently withdrew them. Azerbaijan and Greece still retain this reservation on their implementation of the protocol, despite both having banned the death penalty in all circumstances. (Greece has also ratified Protocol no.13 of the European Convention on Human Rights, which abolishes capital punishment for all crimes).

https://en.wikipedia.org/wiki/Second_Optional_Protocol_to_the_International_Covenant_on_Civil_and_Political_Rights

The Philippines signed this agreement in 2006 and it was ratified in 2007.

https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-12&chapter=4

The thing about this agreement, which was optional, is that there is no mechanism for withdrawal. Article 6 of this treaty says the following: 

1. The provisions of the present Protocol shall apply as additional provisions to the Covenant.

2. Without prejudice to the possibility of a reservation under article 2 of the present Protocol, the right guaranteed in article 1, paragraph 1, of the present Protocol shall not be subject to any derogation under article 4 of the Covenant.

http://hrlibrary.umn.edu/instree/b5ccprp2.htm

According to the Commission on Human Rights that means there is no way out of this agreement. 

If the Philippines insists in withdrawing from the Second Optional Protocol, the VCLT will be effectuated and the State will confer on each member of the international community rights erga omnes that is towards all other States. It will face a similar situation as that of North Korea, in which States did not consent to the latter’s withdrawal. Even if the Philippines can theoretically withdraw despite the absence of an exit, it still is accountable to the ICCPR, given that the death penalty is a form of torture. Simply put, the Philippines will violate international law and its own domestic law if it wishes to denounce or attempt to withdraw from ICCPR and the Second Optional Protocol to reinstate death penalty.

The ramification of reintroducing capital punishment in the country, and the relevant scheme of the State to reintroduce it despite its international commitments will hurt the whole State community. The Commission and Dr. Ward argue that the reintroduction of capital punishment will considerably impact the standing of the Philippines in the international community, its work within the United Nations (UN), and its economic relations with trade partners,

The reintroduction of the death penalty in any form in the Philippines will expose the Philippines to international ridicule and criticism as it breaches numerous rules of international law, including rules that it expressly and freely accepted in the free exercise of its sovereignty. Breach of international law by the Philippines in this context will undermine treaty commitments entered into by the Philippines. It will no longer be a respected member of the community of States.

https://chr.gov.ph/wp-content/uploads/2018/03/Denunciation-of-and-Withdrawal-from-International-Treaties-to-Re-impose-the-Death-Penalty.pdf

Not only is there no exit clause but the Philippines did not raise the issue.

Like North Korea, the Philippines is bound by the Covenant when it ratified the treaty on 23 October 1986. It did not make any reservations against any provisions of the Covenant, including the no exit clause and even recognized the competence of the Human Rights Committee,

The Philippine Government, in accordance with article 41 of the said Covenant, recognizes the competence of the Human Rights Committee set up in the aforesaid Covenant, to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under the Covenant.

In the same vein, the Philippines did not make any reservations when it ratified the Second Optional Protocol on 27 November 2007, and has since then supported and co-sponsored UN General Assembly resolutions on moratorium on the use of the death penalty.

The conclusion should be rather evident. The Philippines entered into a treaty with no exist clause, they raised no objections about the lack of such a clause, therefore this treaty is binding. To exit it all on their own by reimposing the death penalty would expose the Philippines to ridicule and the nation would no longer be a respected member of the international community because such an act would show the whole world that the Philippines does not respect international treaties. The Philippines would be no different from North Korea who withdrew from this treaty despite there being no exit clause. 

What then becomes of the Hague Ruling? It would rightly be tossed away as just a piece of paper and the Philippines would have no legal claim to the WPS. Why should that ruling be respected if the Philippines cannot respect the treaty abolishing the death penalty?

These kind of issues seem to be beyond the purview of Filipino legislators seeking to reimpose the death penalty. They forget that the Philippines, although a sovereign nation, is a part of the international community and has committed itself to following the rules of that order like it or not.

Two Filipino Lawmakers Want to Kill Chinese Drug Dealers As Revenge

Recently, after exhausting all diplomatic efforts, two Filipinos in China were executed for drug offenses. 

https://www.philstar.com/headlines/2023/12/02/2315993/2-filipinos-executed-china-drug-trafficking-dfa

The Department of Foreign Affairs (DFA) confirmed on Saturday the execution of two Filipinos in China for their involvement in drug-related activities.

DFA spokesperson Ma. Teresita Daza, citing information from the Philippine Consulate General in Guangzhou, disclosed that the execution took place on November 24. 

The DFA delayed the announcement pending formal notification from the Chinese side regarding the execution.

Even with the Philippine government's extensive efforts, including high-level appeals, China upheld the death penalties, citing its internal laws.

"Our repeated appeals were consistent with the laws and values of our nation, which put the highest premium on human life," Daza said.

"In the end, the Chinese government, citing their internal laws, upheld the conviction, and the Philippines must respect China’s criminal laws and legal processes,” she added.

The identities of the two individuals were intentionally withheld out of respect for their families' privacy.

The DFA supported the two since their 2013 arrest in Guangdong, helping through trials and appeals. In 2018, the province's High People’s Court confirmed their verdict. 

The arrest of the two Filipinos was associated with the possession of 11.872 kilograms of methamphetamine hydrochloride (shabu) concealed in DVD players found in their individual luggage.

As upsetting as the execution of these two men is to their families and the DFA even the DFA notes that "the Philippines must respect China’s criminal laws and legal processes." That should go without saying for the laws of any country. When one travels abroad the local laws must respected. These men did not respect those laws but instead attempted to smuggle 11 kilograms of methamphetamine into China and they were dealt with according to the laws of China. 

This act of Chinese justice has been responded to in the most ridiculous fashion by two Filipino lawmakers which boils down to this: Let's put Chinese drug dealers to death.

The first lawmaker, Surigao del Norte 2nd District Representative Robert Ace Barbers, had this to say.

https://newsinfo.inquirer.net/1870026/return-of-death-penalty-sought-after-2-filipinos-were-executed-in-china

Lawmakers on Monday called for the reimposition of the death penalty on drug suspects caught in the country.

The proposal comes, after Chinese authorities executed two Filipinos found guilty of drug-related cases.

Surigao del Norte 2nd District Representative Robert Ace Barbers stresed Filipinos are being executed for drug cases abroad, yet Philippines does not impose harsh penalties on individuals convicted of these crimes.

“Our kababayans convicted in foreign lands for drug trafficking are almost always executed, while we extend kid gloves treatment, if not VIP treatment, to foreigners, especially Chinese nationals who are apprehended and convicted of the same offense here,” Barbers said.

The lawmaker is the chairperson of House committee dangerous drugs.

“There should be a similar punishment imposed on these foreign nationals, as well as fellow Filipinos, who introduce drugs into the country,” he said.

“If other countries treat illegal drugs as a threat to their citizenry and the whole society, why are we so soft in treating this menace in our own territory?” he asked.

According to Barbers, both House and Senate should look at proposals to reimpose capital punishment on drug-related cases.

In July 2022, Barbers filed House Bill (HB) No. 1543, which imposes death penalty on certain heinous crimes.

The bill states a foreigner convicted of a drug offense by a local court will get death penalty if such a crime is punishable by capital punishment in the foreigner’s home country.

“China was firm in executing Filipinos, yet we are being flooded with tons and tons of illegal drugs, especially shabu, from China,” Barbers compared the two situations.

“It is a wonder that while China was very, very hard on drug trafficking, the drugs that come to our shores originate from its ports,” he pointed out.

“Yet, we have yet to see one Chinese convict being executed to deter others from committing such heinous crime,” he lamented.

The second lawmaker, Cagayan de Oro City 2nd district Rep. Rufus Rodriguez, said the following.

https://mb.com.ph/2023/12/4/tit-for-tat-ph-should-execute-china-drug-convicts-too-says-rodriguez

Cagayan de Oro City 2nd district Rep. Rufus Rodriguez is proposing a bold response to China’s recent execution of two Filipinos for drug-related offenses. 

The response that the veteran lawmaker wants is a tit-for-tat; basically, an eye for an eye. 

“If they put our compatriots to death for violations connected to illegal drugs, let us do the same to their nationals, many of whom are caught manufacturing, peddling or smuggling drugs into the country,” he said in a statement Monday, Dec. 4. 

Rodriguez said most of the drug law violators caught by local authorities are Chinese. 

“Many of them are even able to get away with their crimes because of connections in high places and, of course, bribery,” added the chairman of the House Committee on Constitutional Amendments. 

He said it is not fair that Filipinos get the death penalty in China, while Chinese nationals involved in illegal drugs in the Philippines suffer only life imprisonment. 

He said drug traffickers and other criminals in China and other countries where the death penalty is imposable “go to the Philippines to pursue their nefarious activities because they know that if they are convicted, they can enjoy life in prison and even continue their illegal pursuits there". 

But for the Philippines to execute criminals--their nationality notwithstanding--Congress must first revive capital punishment through legislation. 

Death penalty in the country was abolished way back in 2006 during the time of former president Gloria Macapagal-Arroyo. 

As such, the Rodriguez called on Congress to immediately pass his measure, House Bill (HB) No. 2459, filed on July 27, 2022. 

The measure is titled, “An Act adopting the higher prescribed penalty, including death, of the national law of an alien found guilty of trafficking dangerous drugs and other similar substances, amending for the purpose Republic Act (RA) No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002.” 

China carried out the executions and many others in past years despite repeated pleas from the Philippine government, international human rights groups and countries advocating respect life and human rights. 

“While we do not question the laws of China and other countries, we must ensure that our countrymen do not suffer the short end of the stick. As such, there is a need to amend our laws to make sure that foreigners caught violating our statutes on drugs get the harshest penalties that their laws impose,” he said.

There is quite a lot of interesting information in the statements of these two men. 

First, we learn that a majority of the drugs in the Philippines originate from China. That is quite problematic but is a well known fact as we read often in the news that the Bureau of Customs routinely discovers large amounts of drugs concealed in various shipments. The solution to that problem is, at least, tougher and more inspections.

Secondly, according to Cagayan de Oro City 2nd district Rep. Rufus Rodriguez, is that Chinese drug dealers, after they are convicted and sentenced, can live an easy life in prison and "continue their illegal pursuits there." That is also a huge problem. It is well known that New Bilibid prison is a hot bed of illegal activity and corruption. How are these Chinese drug dealers able to "continue their illegal pursuits there" without the knowledge and assistance of corrupt BuCor officials? The solution is to clamp down on such corruption and make prison life uncomfortable and difficult for inmates to continue conducting illegal activity on the outside. Of course measures to curb corruption have been ongoing for years to no avail which is a stain on the justice system of the Philippines. 

Surigao del Norte 2nd District Representative Robert Ace Barbers further claims that these Chinese drug dealers are given the kid glove and VIP treatment. Why is this? Again, that is a problem of corrupt BuCor and DOJ officials. 

Thirdly, Rep. Rufus Rodriguez says he does not question the laws of China but that is exactly what he is doing. He is bemoaning the fact that China's drug laws impose stiff penalties including death. Neither he nor Rep. Barbers are showing any respect for China's sovereignt by wanting to kill Chinese drug dealers as revenge. 

Instead of keeping a stiff upper lip and saying, "Dura lex, sed lex or the law may be harsh but it is the law," which was repeatedly stated by the government during the ouster of Justice Sereno and the denial of ABS-CBN's franchise, they want revenge. They want to put Chinese drug dealers to death. This is a rather petulant and childish response to the death of two of their fellow countrymen. There are two reasons this is not a proper response. 

1. The Philippines is party to the Second Optional Protocol to the International Covenant on Civil and Political Rights which outlaws the death penalty. There is no provision in that treaty for withdrawal from it. To reinstate the death penalty would prove that the Philippines is not serious in keeping its international agreements. I will have an article about that later.

2. Even if the death penalty was revived no current Chinese drug dealers would be executed. It would be unjust and unlawful to resentence them under new guidelines. These two Representatives would have to wait years before their plan for vengeance could be unfurled. The two Filipinos who were executed were arrested in 2013, convicted in 2016, their sentence was upheld in 2018, and it is only in 2013 that they were put to death. Are these two Representatives willing to wait ten or more years for revenge as accused Chinese drug dealers move thorough the very slow justice system?

3. If Chinese nationals were sentenced to death it is very likely the Chinese government would do as the Philippines DFA did and exhaust all diplomatic means to save them. What then? They strike a deal, the drug dealer goes free, and no vengeance. Or the sentence is carried out and China decides to retaliate in some form thus subverting their vengeance. Either way their plan would go awry. 

This reaction from Representative Robert Ace Barbers and Rep. Rufus Rodriguez is totally childish and petty. Legislation should never be a product of revenge. There are plenty of harsh laws in place to be imposed upon drug dealers. That China is a main source of drugs is a problem best handled by the Bureau of Customs and the DFA. That convicted Chinese drug dealers are able to live in relative ease and continue to conduct business is the fault of the Philippines very broken justice system about which these men have nothing to say. 

Rather than seek to solve problems the appropriate way Barbers and Rodriguez prefer the Duterte approach and wish to resort to killing. That is not a solution to the drug problem in the Philippines. Duterte tried it and it did not work. But these are the kinds of men haunting the halls of the Philippine government. Men who want to take a hammer and destroy rather than devise ways to build a working justice system. Men who have no idea how to build a functioning government free from corruption. These kinds of men are part of the problem facing the Philippines. 

Overcrowded Philippine Prisons Keep Inmates Beyond Sentencing Date

Imagine going to prison in the Philippines. You would be subject to all kinds of inhumane conditions including overcrowding.

https://www.ucanews.com/news/packed-like-sardines-philippine-prisons-provide-inhumane-reality/89492

Certainly you would want to leave once your time was up. But what if they refused to let you go? That is the accusation of the Supreme Court.

https://mb.com.ph/2022/08/05/release-prisoners-who-have-served-jail-termsunless-further-detention-is-warranted-by-law/

The Supreme Court (SC) has ordered the immediate release of prisoners who have served their jail terms even without release orders from the courts, unless they are being held further for other lawful cause.

“Any further delay in the release from imprisonment of a person deprived of liberty (PDL), except for reasons allowed by law, is nothing but unjust,” stated the circular issued last Thursday, Aug. 4, by SC Court Administrator Raul B. Villanueva.

Villanueva said the circular was issued when several government agencies “have expressed concerns over delays” in securing release orders from courts for PDLs who have served their jail terms and the delays also “delayed the release of PDLs from imprisonment.”

The circular issued to all trial courts also stated:

“Considering Release Orders are not necessary for the extinguishment of criminal liability and have no bearing on a PDL’s completion of his/her sentence of imprisonment, all first and second level courts need not issue any Release Order for a PDL who has (a) completed his/her service of sentence and (b) when there is no other lawful reason for him/her to stay incarcerated.”

It's a no-brainer that prisoners should be released once they have served their time. But in the Philippines employees of the BJMP have no brains and prisoners are held over for unlawful reasons. It's more evidence that the Philippine justice system is corrupt and inept beyond belief. 

Just Another Case of the Philippine's Messed Up Justice System

Imagine you get shot in the head, miraculously survive, and are able to identify your would be assassin to the police. Normally one would expect the police to chase down the man and charge them with attempted murder. But not in the Philippines.

https://cebudailynews.inquirer.net/389574/drug-surrenderee-survives-shot-to-the-head-reveals-identity-of-his-attacker

Police identified the victim as Jayson Goc-ong, a vulcanizer, who is included in the Barangay Anti-Drug Abuse Council’s list of drug surrenderees. He remains admitted to a hospital in Cebu City for treatment. 

Police Major Alvin Llamedo, Talamban Police Station chief, said that the victim was repairing his motorcycle outside his house when the suspect shot him from behind three times using an unknown firearm. 

After Goc-ong was hit at the right side of the head, the suspect immediately escaped towards a nearby river and disappeared. The victim was rushed to a hospital in Cebu City where he is presently recuperating. 

The police said they have yet to know from the victim whether he would file a case against the suspect. Regardless, they said they will continue their investigation and follow-up operations.

In the Philippines one has to file a case against one's own would-be murderer. Where is the DOJ? What is the point in having a DOJ when the burden to file a case lies with the victims? The man has been shot in the head and they expect him to do anything let alone file a case? Filing a case costs time and money. Many victims do not have those luxuries. That is just one reason why there is supposed to be a local public prosecutor to take care of these things.

Maybe the man will be prosecuted without the victim filing a case but if that is so why ask the victim if he will be filing a case?

It's utter madness and is just another example of how messed up the justice system is in the Philippines. Victims remain victims while the criminals get away.

The Philippines' Justice System is Broken Right at the Beginning of the Process

When it comes to the Philippines there is nothing typical. However, there is a usual way of doing things that most people would find appalling. Case in point is the justice system. It is true that in especially high profile cases, whatever the verdict, you will have people on both sides of the ideological spectrum proclaiming either the death of the Philippine justice system or that the system works. Such cases would include the acquittal of GMA, the conviction of Maria Ressa for cyber-libel, and the ouster of Supreme Court Chief Justice Sereno via quo warranto instead of impeachment.

This is, of course, not a problem confined to the Philippines. The reactions to the recent trial of Derek Chauvin as well as that of George Zimmerman in the USA also indicates the subjective nature of justice for many people. 

I think the best way to judge the healthiness of the Philippine justice system is not to look at individual cases whose verdicts one may or may not agree with. What is needed is to look at the entire system and see how it works. From the overcrowded prisons to to the assassination of lawyers to the interminable long trial times I'd say the system is busted. But it is out of the purview of this blog to do such a study. 

Instead I want to look at just one recent incident that indicates how broken the Philippines' justice system is.

https://www.gmanetwork.com/news/news/metro/784504/drunk-neighbor-hits-child-who-hurt-his-grandson/story/

A drunk grandfather hit a minor who hurt his grandson in a barangay in Taguig City.

According to a report on “24 Oras” on Tuesday, the suspect can be seen in CCTV footage hitting and threatening the minor.

The suspect only stopped hitting the victim after neighbors approached them.

The victim’s aunt said the suspect purposely hit her nephew after the latter hurt his grandson.

(My nephew hurt his grandson so the next day when he was drunk and saw my nephew, he hurt him too.)

The boy’s family went to the barangay to file a complaint against the suspect but was told not to pursue it.

(They want us to dismiss the complaint and just talk to him and fix the situation.)

Meanwhile, barangay captain Edgar Baptista denied the allegation.

(I told them to fix the problem but not dismiss the complaint.)

He added that they already invited the suspect to the barangay.

Meanwhile, the suspect apologized, saying he was drunk and wasn’t able to control his anger.

The victim’s family accepted the apology and told the suspect to not repeat what he did.

Further, the Department of Social Welfare and Development said it will conduct counselling among those involved.

Every single thing about this story is unbelievable. 

First of all Drunk Grandpa beat up a child in retaliation for beating up his grandson. That is terrible.

Second of all the family, instead of calling the police, goes to the barangay to file a complaint. This is the hinge on which the wrongness of the situation turns. They should have called the police and had drunk grandpa arrested for assault. 

Third, the barangay captain, allegedly, advised them to not pursue the case but to just talk to the guy and work it out. True or not, as soon as he heard the case he should notified the PNP and had the man arrested. 

Fourthly, Drunk Grandpa apologized saying he couldn't help it because he was drunk and the family accepted the apology. Apologies are great and so is accepting them but that does not solve anything. Drunk Grandpa should face consequences for his actions. That means going to jail. 

What this story shows is that right at the beginning, justice fails. The cops should have been called on Drunk Grandpa immediately. They were not. Why not? The barangay captain did not notify the police. Why not? And it seems the DSWD will not be contacting the police either. Why not? 

I could speculate endlessly so I won't. What I will say is that this is not an isolated case. I personally know a woman who was assaulted in her home and the PNP told her to not bring charges but settle with the man. They laid out a lot of reasons why to not file a case such as the long time it takes to go though court. She settled with the man for P10,000. I am certain there are many more cases like this where victims settle with their offenders rather than the have the state prosecute them.

What can we conclude? When people are discouraged by the authorities from filing cases against those who commit crimes against them we can conclude the justice system is broken. When people refuse to file cases because they know it costs too much or it takes too long or for whatever reason then we can conclude the justice system is broken. Why these people decided to not file a case is unknown. But from the fact that the barangay captain and the DSWD both decided to not contact the police we can conclude that the justice system in the Philippines is broken.