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