Death penalty commutation and misgivings

Let me state it clearly. I have always been against the death penalty. I always believe that God somehow entitles the worst criminal the chance to convert which can be aborted if he is executed.

But there is another side to the issue. Death penalty is in our law. It was passed by Congress and enacted into law. And, therefore, in the exercise of its right to protect society, the government has the prerogative to adopt such a measure to ensure respect for the rights and lives of others.

Thus, so long as it is in our statute books, the President should follow and implement it. Thus, the row that reared up after the blanket commutation of death sentences, which amounted to a repeal of the law.

One can very well understand commutation on a case-to-case basis. But to erase the death penalty of everyone in one sweep certainly gives rise to speculations that the move was less of a conviction but for the purpose of currying the approval of the country’s bishops as adduced by certain quarters.

Don’t take me wrong. I attended several executions in the New Bilibid Prisons in my career as a journalist. Each one traumatized me. These were electrocutions. Thus, one can just imagine the painful scenes that assailed me every time I attended every execution.

It was always stressful. Once, a colleague collapsed before the doomed convict could be strapped to the electric chair due to stress and perhaps the finality of the whole thing. There was no chance whatsoever to rectify a mistake if it had been done.

Still, as I’ve said, there are many sides to the question. And the first thing is for President Gloria Macapagal-Arroyo to certify to Congress as urgent a bill abolishing the death penalty. I am not a lawyer, but I do feel something is wrong when a President simply abolishes the law by herself though wholesale commutation.

Meanwhile, she can peruse its affirmed conviction by the Supreme Court, which issues the writ of execution based on its findings. In short, each should be treated individually and the sentence commuted, and not by a wholesale action with no regard as to whether the conviction is deserved or not.

Jaro Archbishop Angel Lagdameo pointed that out. Although he was elated by the President’s move, the chairman of the Catholic Bishops Conference of the Philippines also noted that Congress itself should abolish capital punishment by legislative act.

And he also batted for the rehabilitation and reformation of pardoned criminals to assure continuing peace and harmony in society.

Anti-crime advocates, however, condemned the wholesale action of the President.

Iloilo City Mayor Jerry Treñas, also a supporter of the lifting of the death penalty, has reservations.

"I favor the President’s decision but conditionally as there are crimes that must be meted the death penalty," Treñas stressed.

He adverted to the impact on the victims’ families, especially those of heinous crimes.

Iloilo Gov. Niel Tupas has similar reservations. "While it is within her power to commute sentences, we appreciate her intentions, but there should be limitations like rape and murder cases."

Iloilo’s Rep. Arthur Defensor (third district, Iloilo) admitted that the death penalty law, Republic Act 7659, did not deter heinous crimes in the country. This is not only true in the case of the Philippines, but also in other countries, the lawmaker said.

In Negros Occidental, Gov. Joseph Marañon said that while it is the prerogative of the President to commute death sentences, those found guilty of very heinous crimes and those in the drug trade should not be included.

"You will be promoting the proliferation of drugs by commuting death sentences to life," he said.

Bacolod City Mayor Evelio Leonardia said there is a need to study the abolition of the death penalty because those for or against it have very strong positions on the issue.

Although the President has her reasons for commuting death sentences, Leonardia said from his point of view, it should continue as a policy of the government.

Rommel Jamelo, Negros crusader against crimes, called on the President not to sacrifice justice for the sake of politicos. His wife and daughter were brutally murdered in 2002.

Jamelo’s wife and daughter were killed by their two houseboys. Daughter Mae Marie was only eight years old, and his wife, Marilou Vasquez, 48.

Their heads were bashed with a hammer and their bodies sustained multiple stab wounds in their Parañaque City home.

Oriental Negros Gov. George Arnaiz said he favors the imposition of the death penalty and reiterated his stand against vigilante groups to run after criminals.

"Personally, I go for the death penalty because it is there," Arnaiz said.

But to a certain extent, he also recognized that the abolition of the death penalty could also give rise to vigilante killings as families of victims of heinous crimes may decide to take the law into their own hands.

Well, that remains to be seen. Already vigilante justice has reared its ugly head in various parts of the country, including Dumaguete City of Oriental Negros where scores of drug pushers have been knocked off by motorcycle-riding masked men since last year.

In Davao City, more people have been "eliminated." So with Cebu City. That, to a certain extent, also highlights a growing disenchantment with the slow justice system.

All one has to do is watch for further developments. As of now, the many killings that have happened in Metro Manila and other parts of Luzon may precisely be stimulated by the wholesale death penalty commutation. That will only add to the challenges for both the judiciary and the police authorities to speed up the solution of crimes.

An unexpected pilgrimage and memorable experience

On Tuesday, I went on a return pilgrimage to Fabrica, the barrio where the late Manila Mayor Ramon Bagatsing was born. The unexpected trek was to accompany Aym Bagatsing, the youngest daughter of former Manila Rep. Ramon Bagatsing Jr. who was accompanied by Luis Eduardo Zabaljauregui of La Carlota City.

With us was Sid de la Rama, long-time secretary of the former Manila congressman and a close friend of the Bagatsing family.

Actually, Aym had visited the place a few years back. But then she was just seven years old and could hardly remember what she saw then.

Sid herself brought us to the former site of the theater operated by her late father, Hector, in Villacin Uno. The site as well as the surrounding areas, now owned by the TLRC, have been fully occupied by illegal settlers. Many of the homes there were permanent structures.

Later, Fabrica barangay captain Merly Dadivas greeted Aym with the acknowledgement that the basketball court at the Fabrica crossing was donated by her father, in honor of the former Manila mayor, a native of Fabrica.

She was also surprised to learn (so was I) that Jonil de la Cruz, a former trustee of the Fabricanian Foundation, had reprinted a column of mine about Bagatsing’s "undying love" for Fabrica, his birthplace.

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Several residents also offered to summon her two uncles, sons of the late lawyer Tomas Bagatsing, whom she has never met. But both were out in their sugar farm. We proceeded to the birthplace of the former Manila mayor.

By noon, we proceeded to Sagay where Mayor Rafael Cueva was waiting for us. He toured us around City Hall and explained that Marañon’s efforts have paved the way for the orderly urban development of Sagay. The new City Hall is located three kilometers from the town center. The areas around it are fast developing, but in an orderly fashion. Subdivisions have been sprouting around, the latest being the Villa Angela Subdivision.

Later, Mayor Cueva invited us for lunch. And after a sumptuous meal, he accompanied us to Old Sagay to see the Carbin Reef.

But before that we had a tour of the Museo sang Mga Bata sang Sagay, the only other one of its kind outside Metro Manila. But there is a difference. The artworks were done by Fabricanians, members of the Kulafu Young Artists Guild of Noni Alvaradoi.

And, yes, the Museo is going to regale visitors with an aquarium which will educate them on the richness of marine life.

After that, we proceeded to Carbin Reef. Actually for me, it was an experience. Several years back, I almost lost my life when boarding a boat for Carbin Reef. I was then in the company of my late wife, Dr. Lourdes L. Espina. I lost my footing while boarding the boat and fell flat on my face, narrowly missing the boat’s anchor.

I was taken off the boat, but on my return to shore, I slipped again and fractured my right wrist while going up the fishermen’s wharf.

Rep. Alfredo Marañon (first district) had to rush me to the Lopez Foundation Hospital where I was given emergency treatment.

That was the first time I attempted to go back to the place which I used to frequent while still a small boy during the war years.

My trepidation did not diminish my pleasure in taking that trip with Mayor Cueva making sure that there was not going to be a repeat of my previous experience.

Aym was thrilled by that discovery. So did Sid, a second-timer. So with Louie. That ended with Aym’s triumphal announcement that she was going to stay over for the weekend to return to Sagay on Friday and also to join the Panaad Festival on Saturday.

That was a memorable pilgrimage. And a fruitful one.