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.

Retards in the Government 341

It's your weekly compendium of foolishness and corruption in the Philippine government.

 

https://mb.com.ph/2023/12/1/barangay-captain-shot-dead-in-zamboanga-city

A barangay captain here was shot dead on Friday, December 1.

Police identified the fatality as Serbelyo “Beyong” Molina, 55, captain of Barangay Cawit.

Investigation said the victim was driving his motorcycle on the barangay road towards the barangay hall at around 7 a.m. when gunmen onboard a motorcycle appeared and fired at the victim.

Molina died on the spot from multiple bullet wounds.

Zamboanga City police chief Police Col. Alexander Lorenzo said Molina was threatened over his candidacy in the recent barangay and Sangguniang Kabataan elections.  

Mayor John Dalipe has ordered Lorenzo to conduct a deep, thorough, and swift probe to identify and arrest the suspects.

A barnagay captain has been assassianted. 

https://newsinfo.inquirer.net/1869279/village-chief-shot-dead-in-ilocos-norte

A village chief in Marcos town in Ilocos Norte province was shot and killed on Friday while on her way home, police said in a report Saturday, Dec. 2.

Helen Abrigado, the re-elected chief of Ferdinand village, was killed by two unidentified suspects riding-in-tandem on a motorcycle while she was aboard a Mitsubishi L300 FB truck owned by her village and driven by councilor Carlo Bagaoisan, the police report said.

In an initial investigation, Abrigado’s vehicle was traversing Barangay Tabucbuc in Marcos when she was attacked at 9:50 p.m. Abrigado was on a convoy with barangay health workers and other village officials during the incident after they reportedly attended the Christmas season kick-off in their town at the municipal hall on Friday night.

Abrigado officially assumed her duties as village chief on Friday after she won the Oct. 30 barangay and Sangguniang Kabataan elections.

The suspects followed Abrigado and Bagaoisan’s vehicle then overtook them and fired at least four times at the passenger side where the victim was seated, according to investigators.

Abrigado suffered multiple gunshots on the right portion of her body. She was taken to a nearby hospital but died on the way.

There were other people sitting at the back portion of the multi-cab where Abrigado was boarded but they were not hurt.

Abrigado’s driver, Bagaoisan, was also unhurt, the police said.

The police said they had launched a hot pursuit operation to capture the suspects.

Another village chief has been assassinated. 

https://mb.com.ph/2023/12/1/outgoing-sk-chair-from-san-juan-city-nabbed-in-batangas

An outgoing Sangguniang Kabataan chairman from San Juan City was arrested for allegedly molesting a newly elected SK councilor in a resort here on Thursday morning, November 30.

Police said the victim, Joyce, was inside her room looking for a car key, when the suspect, Jovher, entered and locked the door.

The suspect hugged and kissed her and tried to undress her but the victim resisted and was able to get out of the room.

She reported the incident to her colleagues who assisted her in filing a complaint with the police.

Police arrested the suspect who is facing appropriate charges. 

The victim and the suspect had just concluded a three-day mandatory training for SK officials when the incident happened.  

An outgoing SK chairman has been arrested for molesting a colleague. 

https://newsinfo.inquirer.net/1869314/village-chief-in-zamboanga-del-sur-critically-injured-in-shooting

A village chief was critically wounded in a shooting incident on Saturday in the Zamboanga Peninsula region, according to police reports.

Jerry Olaier, the village chief of Barangay Poblacion in Guipos town, Zamboanga del Sur, was shot by two individuals on a motorcycle around 11:55 a.m.

Olaier was immediately transported to a hospital in Pagadian City, where he remains in critical condition.

Guipos Mayor Vicente Cajeta said that Olaier and his companions were waiting by the roadside to catch a passenger vehicle when the assailants attacked.

Capt. Roger Apdua, the Guipos police chief, said that Olaier’s companions engaged with the gunmen, resulting in the arrest of one assailant and the death of the other.

Apdua said the gunman was killed with his own firearm, but it is still unclear who fired the fatal shot.

He said they are still investigating the details of the incident.

Another village chief has been assassinated. 

https://www.philstar.com/nation/2023/12/03/2316072/pnp-ias-chief-gets-six-month-suspension-sexual-harassment

The Office of the Ombudsman has ordered the six-month suspension without pay of lawyer Alfegar Triambulo, inspector general of Philippine National Police-Internal Affairs Service (PNP-IAS) in connection with a sexual harassment complaint filed by his subordinate, a certain Genevieve Lipura.

PNP spokesperson Col. Jean Fajardo confirmed to reporters the receipt of the ombudsman’s suspension order Friday night.

The 23-page suspension order, signed by Ombudsman Samuel Martires on Nov. 21, was in connection with the complaint of violation of the sexual harassment and safe spaces laws filed by Lipura in September 2022.

In its order, the ombudsman found Triambulo guilty of the administrative offenses of grave misconduct and gross incompetence but dismissed the criminal aspect of the complaint, including the falsification of public documents.

The PNP-IAS Chief has been suspended for six months for misconduct and incompetence over a sexual misconduct complaint. 

https://mb.com.ph/2023/12/1/sandigan-affirms-malversation-conviction-of-laguna-town-treasurer

The Sandiganbayan has affirmed the conviction of the assistant municipal treasurer of Pagsanjan town in Laguna for malversation of public funds involving P483,529.31 in 2005.

Affirmed was the Dec. 16, 2021 decision of the Sta. Cruz, Laguna regional trial court (RTC) which sentenced Elizalde G. Gabaleño to imprisonment ranging from four to 11 years with perpetual disqualification to hold public office. He was also ordered to pay a fine of P483,529.31.

Gabaleño appealed the RTC’s decision before the Sandiganbayan.  He claimed that the Commission on Audit (COA) merely stated in its reports that there was a cash shortage of P483,529.31 but there was no explanation as to whether the money was indeed funds of the municipality.

He also alleged that since there was no proof that the funds were indeed public in character, it follows that there was no proof he received the amount.

But the Sandiganbayan denied his allegations. "Evidence on records show... that the shortage on the accountabilities of accused Gabaleño was based on official receipts which were recorded in the cash book and his remittances in the Land Bank were verified," the court said.

"After a thorough review of the records of this case, the evidence presented in the court a quo, and the arguments put forth by the parties in their respective briefs in accordance with the well-settled rule that the appeal confers the appellate court full jurisdiction over the case and renders such court competent to examine records... the Court resolves to affirm the RTC's judgment of conviction of accused-appellant beyond reasonable doubt of the crime of malversation of public funds," it ruled.

The conviction of a municipal treasurer for malversation has been upheld by the Sandiganbayan.

https://newsinfo.inquirer.net/1869327/2-village-watchmen-slain-in-gun-attack-in-basilan

Two village watchmen in Basilan province were killed in an ambush on Saturday morning in Ungkaya Pukan town.

Former Ungkaya Pukan mayor Joel Maturan said the village watchmen of Barangay Bohe Suyak were ambushed in Sitio Dekdep as they were on their way to attend the wedding of a family member.

Maturan added that those killed were associated with the newly-elected village chief of Bohe Suyak.

Brigadier General Alvin Luzon, commander of the Army’s 101st Infantry Brigade, said that it was not an ambush but a confirmed shooting at 8:50 a.m. that left two dead.

Citing the accounts of locals, Luzon said three armed men attacked Saddam Immuh, 35, and Muhal Palluh, 29, who were riding a black motorcycle.

Immuh and Palluh sustained multiple gunshot wounds, resulting in their immediate deaths, Luzon said.

“The victims were going to Barangay Tongbato to attend a wedding celebration of the Mottoh family. According to the statement of Amil Palluh, a witness to the incident, a certain Akbar Asalim together with two unidentified perpetrators fired towards the victims using an M16 rifle,” Luzon said, citing reports from their ground unit.

The shooting is believed to be rooted in an unresolved rido or clan feud.

Two watchmen associated with the newly elected village chief have been assassinated. 

https://mb.com.ph/2023/12/6/nbi-employee-arrested-for-shooting-neighbor-in-tondo

The Manila Police District (MPD) reported on Wednesday, Dec. 6, that it arrested an employee of the National Bureau of Investigation (NBI) after shooting his neighbor to death in Tondo, Manila on Dec. 3.

The MPD identified the suspect as Rigor Almodovar, 55, a resident of Dagupan Extension in Tondo.

According to the police report, the victim, Elmer Resurreccion, went outside their house in Barangay 161 in Tondo at around 9:45 p.m. for his regular night walk.

Authorities said that based on the closed-circuit television (CCTV) footage, the victim was seen walking towards the suspect, who was talking to another man.

They added that the victim was also seen putting his arms around the suspect's shoulder and having a conversation.

After a few minutes the two suddenly engaged into a fist fight.

Several bystanders tried to pacify them but the suspect pulled out an unknown firearm from his waist.

Police said that the victim ran to the suspect and scuffled with him over the gun.

The suspect was able to pull the trigger, hitting the victim several times in the different parts of his body.

The victim was rushed to Ospital ng Tondo but was announced dead at 10:10 p.m.

The suspect is now under police custody and will face charges for murder.

An NBI employee has been arrested for killing his neighbor.

https://mb.com.ph/2023/12/6/sandigan-affirms-conviction-of-barangay-chair-for-graft-malversation-in-sale-of-dump-truck-in-2006

The Sandiganbayan stood pat on its decision that affirmed the conviction for graft and malversation of a former barangay chairman in Kapalong, Davao del Norte in the sale of a dump truck owned by his village in 2006.

Affirmed was the conviction of Arthur B. Lontoc, chairman of barangay Pag-asa in Kapalong town.  He had been convicted by the Tagum City regional trial court (RTC). He appealed his case to the Sandiganbayan which affirmed the RTC’s ruling last Sept. 19.  He filed a motion for reconsideration.

The criminal charge against Lontoc stated that he sold the barangay’s dump truck to a certain Felix Sibonga for P77,000.  However, prosecutors said he used the proceeds of the sale for his personal use.

In his motion for reconsideration, Lontoc reiterated that he secured the consent of the former municipal officer of the Department of the Interior and Local Government (DILG) in the disposal of the dump truck through negotiated sale.

He also said that he sent a letter to the Commission on Audit (COA) on the negotiated sale but he did not get a reply.  Thus, he claimed, there was no ill motive or bad faith in the sale.

In denying Lontoc’s motion, the Sandiganbayan said: "In sum, this court is not persuaded by accused-appellant's arguments in its motion for reconsideration. All arguments therein have already been thoroughly discussed in the assailed decision, hence, we do not see any compelling reason to modify or reverse our decision dated Sept. 19, 2023.”

The conviction of a brandy chairman for graft and malversation has been upheld by the Sandiganbayan.

Coronavirus Lockdown: Waste Issues, Sex Offenders, and More!

More news about how the COVID-19 pandemic in the Philippines is being handled by the public and the government.

The BI sounding the alarm on the surge of sex offenders trying to enter the country. They are worried sex tourism is back. 

https://newsinfo.inquirer.net/1868528/fwd-daily-trend-on-rso-arrival

The Bureau of Immigration (BI) on Thursday expressed concern over the arrival of sex offenders in the country which it said is becoming a “daily trend.”

Immigration Commissioner Norman Tansingco said the increase of registered sex offenders (RSO) attempting to enter the country is a “cause of concern.”

“During the pandemic, there was an increase in online exploitation of women and children. When international travel resumed, the number of RSOs rose, which could show that the exploitation is being continued,” he said in a statement.

Tansingco earlier said that as the country reopens its borders, there is a possible resurgence of sex tourism too.

Being that the Philippines is a hot bed of child sexual exploitation it should be a no brainer that such exploitation would resume after the pandemic and travel is back to normal.

Trash is a very real problem in the Philippines. In Davao 600 to 650 tons of garage were collected daily during the pandemic!

https://www.sunstar.com.ph/davao/dad-urges-immediate-action-on-escalating-waste-issues

Davao City Councilor Temujin “Tek” Ocampo voiced his concern over the escalating waste issue in Davao during his privilege speech on Friday morning, December 1, at the Sanguniang Panlungsod.

Ocampo, the first district councilor of the 20th council, highlighted the rising volume of garbage collected by the Davao City Environment and Natural Resources Office (Cenro). 

Despite the pandemic, Cenro collected approximately 600 to 650 tons of garbage daily, and this high volume persisted through March 2021.

“This mounting waste, if disregarded, will have far-reaching consequences threatening not only our environment but also our health and well-being. Thus, we must take immediate action to implement effective waste management strategies,” Ocampo said.

Seeing as everyone was forced inside and all the stores were closed how much of that garbage is discarded wrappers from food deliveries?

Bohol now has its first Tourist Rest Area. This is supposed to help with the post-pandemic recovery. 

https://www.pna.gov.ph/articles/1214800

The province of Bohol now has its own Tourist Rest Area (TRA), formally turned over by the Department of Tourism (DOT) over the weekend.

The TRA will cater to tourists passing through the town of Dauis, which serves as a gateway to multiple tourist destinations in the province such as the famed Alona Beach in Panglao, Virgin Island Sandbar, Balicasag Island, and Baclayon Church.

Chatto is one of the principal authors of Republic Act 9593 or the Tourism Act of 2009, which recognizes tourism as an indispensable component of the national economy and an industry of national interest and importance.

Meanwhile, Governor Erico Aristotle Aumentado said the turnover of the first completed TRA in the province is a welcome development for the province as it enters “a new and exciting chapter” post-pandemic.

“As we continue to recover from the effects of the pandemic, we are entering a phase in which we must diversify our offerings for our guests and introduce our island paradise as more than just the white sand beaches of Panglao to the rolling slopes of Chocolate Hills,” Aumentado said in a message read by Provincial Administrator Aster Caberte.

The Philippines will be continuing to recover from the pandemic for years it seems and tourism as at the heart of that recovery.

COVID-19 cases are higher this week.

https://newsinfo.inquirer.net/1870247/cases-of-covid-19-from-nov-28-to-dec-4-higher-than-previous-week

The Department of Health (DOH) on Monday said it recorded 1,340 COVID-19 infections from November 28 to December 4, slightly higher than the cases recorded the previous week.

Based on the DOH’s latest weekly tally, the total infections translated to a daily average of 191, or 10 percent higher than November 21 to 27 cases of 174 where 1,218 infections had been recorded.

Eleven of the new infections were tagged as critical or severe, with the total of such admissions currently at 253.

On the other hand, no additional deaths were added in the country’s COVID-19 death toll.

Meanwhile, utilization of ICU beds rose from 11.4 to 11.6 percent, while non-ICU bed utilization slightly decreased from 17.7 to 17.5  percent.

The Inquirer Foundation supports our healthcare frontliners and is still accepting cash donations to be deposited at Banco de Oro (BDO) current account #007960018860 or donate through PayMaya using this link.

But there have been no additional deaths. 

The DOH is requesting more vaccines from Covax.

https://newsinfo.inquirer.net/1867765/doh-requests-monovalent-covid-19-vaccines-from-covax-facility

The Department of Health (DOH) has requested monovalent COVID-19 vaccines from the Covax facility, said DOH Secretary Teodoro Herbosa on Wednesday.

The facility offered the vaccines to the Philippines, but DOH specifically requested monovalent vaccines instead of bivalent vaccines due to the former’s better efficacy against the omicron XBB variant, the health chief explained.

(For COVID, they offered to give us vaccines. What we are asking for is the monovalent XBB, the monovalent vaccine.)

(Not the bivalent because the studies found that the effect of the monovalent on the omicron is better because the bivalent still has the old COVID virus [that] is extinct.)

The health chief said that the vaccines will be administered to senior citizens and those with comorbidities once they arrive.

(The general population that has already received the regular vaccine and booster is fine.)

What does it mean that the general population is fine with the regular vaccine and booster? It cannot mean they will not get COVID. 

President Marcos is fully vaccinated and he has tested positive for COVID.

https://newsinfo.inquirer.net/1870449/marcos-tests-positive-for-covid-19-but-will-conduct-online-meetings

President Ferdinand Marcos Jr. has tested positive for COVID-19, the Presidential Communications Office (PCO) said in a Facebook post on Tuesday.

The PCO said that Marcos would be in isolation for five days, but added:  The President remains fit to carry out his duties and will be continuing his scheduled meetings via teleconference.”

Marcos, who also got COVID-19 last year but recovered, urged Filipinos to remain vigilant of their health.

“Updates on his health will be provided as available. During this holiday season, President Marcos encourages the public to take precautions to safeguard their health, such as vaccinating and voluntary mask-wearing when entering crowded places,” the PCO said.

Pasig Mayor Vico Sotto has also been infected with COVID-19.

https://newsinfo.inquirer.net/1870364/pasig-mayor-vico-sotto-gets-infected-with-covid-19

Pasig Mayor Vico Sotto tested positive for SARS-CoV-2 virus that causes COVID-19, the mayor announced Monday.

In a Facebook post, Sotto disclosed that he experienced mild symptoms of COVID-19, prompting him to undergo an antigen test that yielded a positive result.

“Nakakainis!!! Nag positive pa sa covid (mild symptoms kaya nag-antigen ako),” said Sotto.

(Annoying!!! Tested positive for COVID. I have mild symptoms, so I took an antigen test.)

Because of this, Sotto said that he will either reschedule all his appointments or conduct them online to enable himself to isolate and recover.

He then urged the public to keep wearing masks as protection against the virus, especially amid a reported rise in cases of pneumonia.

“Paalala ng DOH (Department of Health) na tumataas ang bilang ng kaso ng pneumonia, at nandiyan pa rin ang COVID, kaya highly recommended na mag-mask tayo,” said Sotto.

(The DOH reminded us that the number of pneumonia cases is rising, and COVID is still present, so it is highly recommended that we wear masks.)

“Lalo na kung may nararamdaman o kapag may nakakaharap na ibang tao,” he added.

(Especially if you are feeling unwell or when facing other people.)

This man is also fully vaccinated which just goes to show the vaccine does not actually work.  

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.