Time running out on death convicts

While the spotlight remains on the Supreme Court (SC) as it deliberates on the citizenship of presidential contender Fernando Poe Jr., time may be running out for death convicts Roberto Lara and Roderick Licayan.

With only eight days to go before the period for the temporary suspension of their execution lapses, officials at the New Bilibid Prisons (NBP) have started preparing the duo’s trip to the lethal injection chamber on Feb. 26.

NBP superintendent Venacio Tesoro told The STAR in a phone interview they have already once again notified the families of Lara and Licayan about the schedule of the execution.

He said they are on "stand-by mode," awaiting an order from the SC on whether or not to proceed with the execution of the convicted kidnappers.

If the SC denies the motion to reopen their case filed by the Public Attorney’s Office (PAO) on Jan. 15, Lara and Licayan would be executed on Feb. 26. Otherwise, the case would be returned to Marikina City Regional Trial Court Branch 272.

NBP officials ordered the return of Lara and Licayan to the isolation area of the death row building last Feb. 11 in accordance with execution rules.

They did so on the assumption that the two convicts would automatically be executed at the end of the 30-day reprieve if the SC denies the PAO’s motion.

The order, however, has been met with criticisms from groups lobbying for the repeal of death penalty law. Members of Free Legal Assistance Group (FLAG) slammed NBP officials, saying the they do not have the mandate to decide on the date of execution.

FLAG secretary general Ma. Socorro "Cookie" Diokno told The STAR the isolation of Lara and Licayan was "extremely premature."

"I think they have to wait for the decision of the SC," she said. "And even if the motion of the PAO is denied, they must still have to wait for a new warrant of execution to be issued by the lower court."

FLAG said only the lower court can set the date of execution of a convict. This ruling was affirmed by the SC in the case of Leo Echegaray, the first convict to die by lethal injection since the return of capital punishment.

Diokno said cases where lives are at stake should be given priority over other concerns such as citizenship. The SC has set the oral argument on the Poe citizenship issue today.