No reason to imprison Mary Jane in Philippines – lawyer

MANILA, Philippines — There is no reason to put death row convict Mary Jane Veloso in prison in the Philippines, after the latter was recently repatriated from Indonesia, a lawyer said.

Lawyer Romulo Macalintal questioned calls to grant Veloso a presidential clemency when the latter has never been convicted of any crime in any court in the country.

“What’s all the fuss about Mary Jane Veloso to be extended ‘presidential clemency’ by President Marcos, when she has never been convicted in any Philippine court of having committed a crime?” Macalintal asked in a statement.

He explained, “Technically speaking, the clemency has already been extended to her, not by our President, but by the Indonesian government when she was allowed to return to the Philippines after spending nearly 15 years in an Indonesian prison for alleged drug trafficking.”

However, to date, Veloso maintained and asserted that she was innocent of the crime.

“While the Indonesian government left it to the Philippine government to do what the latter thinks is good for Veloso, President Marcos cannot use his pardoning power under our Constitution because such power applies only to criminals convicted under Philippine laws,” Macalintal stressed.

He added that “our country does not even have jurisdiction over crimes committed by a Filipino in other countries.”

Macalintal noted that in 2010, the Department of Justice (DOJ) issued a circular on the implementation of agreements involving transfer of sentenced persons, such as Veloso in this case.

Under the DOJ circular, only the sentencing state (Indonesia, in this case) may grant pardon, amnesty or commutation of the sentence, but the administering state (Philippines, in this case) may request the sentencing state to grant pardon, amnesty or commutation of the sentence.

“Obviously, by virtue of such agreement, the Indonesian government granted the request of the Philippine government for Veloso’s liberty and sent her back to the Philippines,” Macalintal said.

He added, “What makes it favorable for Veloso is the apparent compassion of the Indonesian government to release her to the Philippine government for whatever action the latter wants to take on Veloso’s case.”

Macalintal said that whatever benefits the Philippine government will give to Veloso will be in line with the spirit of the transfer agreement, particularly to “facilitate the successful reintegration of sentenced persons into society.”

He pointed out that while awaiting the President’s move, Veloso should be allowed to roam free.

“In the meantime, that such action has not yet been done by the President, Veloso should be released from custody of any government agency since she is not facing any charges here in the Philippines, and the fact that not even a warrant of arrest has been issued against her by any court in the Philippines,” Macalintal said.