DOJ: Executions to push through unless...

The execution of five death convicts will push through this year unless President Arroyo or the Supreme Court orders a stay.

Justice Secretary Hernando Perez said yesterday they will tell the Supreme Court that they are duty- bound to carry out the provisions of the Heinous Crimes Act, which restored capital punishment in 1994.

"We cannot suspend the implementation of the law," he said. "Unless of course the President issues a reprieve or if the SC would issue a temporary restraining order."

It is up to Congress to repeal the law imposing the death penalty, Perez added.

Yesterday, the Supreme Court ordered Perez and Bureau of Corrections Director Ricardo Macala to comment on the petition of the Free Legal Assistance Group (FLAG) to suspend the executions.

In a petition last Monday, FLAG asked the Supreme Court to stop the execution by lethal injection of five convicts this year, and 25 others on death row.

"In filing these communications, FLAG seeks the issuance of a request by the UN-HRC to the Philippine government to desist from carrying out the executions while the communications are being reviewed," read a part of FLAG’s statement.

Human rights and pro-life lawyers Theodore Te and Ma. Socorro Diokno based their arguments on the intention of Congress to repeal Republic Act 7659, the death penalty law.

"(There is) clear and demonstrable intent by both houses of Congress to abolish the death penalty," Te said

They also cited the fact that the death penalty law "doesn’t specify the compelling reasons" that would justify capital punishment on heinous crimes since it "failed to meet the element of heinousness required by the Constitution."

So far, 102 lawmakers in the 214-member House of Representatives have signed the bill seeking to repeal the death penalty law.

Of the 22 senators, 12 to 15 are believed to be pro-life.

Scheduled to be executed this year are convicted rapists Eddie Semadilla, Sept. 3, Filomeno Serrano, Sept. 20; Alfredo Nardo, Oct. 16; and Jimmy Jacob, Oct. 31.

A fifth one, Rolando Pagdayawon, was set to be put to death on Friday, but President Arroyo postponed his execution in deference to the birthday on Saturday of Archbishop of Manila Jaime Cardinal Sin.

No date has yet been set for Pagdayawon’s execution.

Others awaiting their deaths are convicted kidnappers Roderick Licayon and Roberto Lara;

convicted rapists Romeo Navarete, Sandy Hinto, Carlito Oliva, Reynaldo Rebato, Alejandro Guntang, Blessie Velasco, Juan Manalo, Fidel Alborida, Pablo Santos, Irineo Padilla, Alejo Miasco, Castro Geraban, Roberto Palero, Ramshand Thamsey;

convicted robbers Nonelito Abiñon, Reynaldo Morial; and convicted killers Rotche and Warlito Ibao, Jaime Carpo, and Noel Quimson.

The Philippines is a signatory to the International Covenant on Civil and Political Rights.