Senate ratifies RP-Spain Treaty on prisoners

The Senate yesterday ratified the Treaty in the Transfer of Sentenced Persons Between the Republic of the Philippines and the Kingdom of Spain despite the abstention of two senators.

Senators Jinggoy Estrada and Joker Arroyo abstained in the voting, with Estrada saying the pact will benefit convicted felon Francisco “Paco” Larrañaga.

Larrañaga is one of seven men accused of being involved in the disappearance of sisters Jacqueline and Marijoy Chiong last July 16, 2007. The sisters were last seen outside an uptown mall. Two days later, the body of Marijoy was found in a ravine in Carcar town.

The regional trial court sentenced earlier sentenced all the accused to two life imprisonment terms each but the Supreme Court later raise the penalty of double life terms to death for six of the accused, Larrañaga, Josman Aznar, Rowen Adlawan, Alberto Caño, Ariel Balansag and James Anthony Uy. The seventh accused, James Andrew Uy, who was only 16 during the commission of the crime was penalized with two life sentences.

Congress, however, abolished the death penalty in 2006.  Supporting the bill filed by Senator Miriam Defensor Santiago were senators Edgardo Angara, Benigno Aquino III, Rodolfo Biazon, Alan Peter Cayetano, Juan Ponce Enrile, Franciso Escudero, Gregorio Honasan, Panfilo Lacson, Lito Lapid, Jamby Madrigal, Kiko Pangilinan, Aquilino Pimentel, Ramon Revilla, Jr., Juan Miguel Zubiri and Senate President Manuel Villar.

Senator Richard Gordon is on official business abroad while Senator Antonio Trillanes failed to attend the session.

Explaining his vote on Proposed Senate Resolution No. 212, Senator Estrada said the Treaty will surely benefit Larrañaga, who was among those convicted for the heinous crime of rape and murder of the Jacqueline and Mary Joy Chiong 10 years ago.

However, during the debates on the bill held earlier, senators Estrada and Santiago vowed to block any attempt to transfer the case of Larrañaga to the authority of the Kingdom of Spain. Santiago even instructed the Department of Foreign Affairs to officially make it on record in their department that Senator Estrada has objections to any request for transfer of Larrañaga’s case to the Spanish authority since the discretion lies solely within the Philippine government.

Larrañaga is one of the two Spanish nationals under detention here in the Philippines while there are 10 Filipinos under detention in in Spain. All their cases fall under the Treaty.

The Treaty, sponsored by Senator Santiago, aims to bring back a foreign prisoner into his or her country of nationality, and to serve the sentence there, as such that a Filipino convicted of a violation of Spanish law and imprisoned in Spain would be allowed to request for his physical transfer to a Philippine jail, so that he or she could serve the sentence in a penitentiary where he could communicate in his own native language, and receive the visits of family and friends.

Thelma Chiong, Jacqueline and Marijoy’s mother, was disappointed with the approval of the Treaty but was thankful that Senator Estrada made his objection on record.

“Nalipay ko nga ni object jud sila. Maayo nga gi-specify si Paco because if they only made a treaty just for Paco, that is really injustice for me,” she said.

Mrs. Chiong said she earlier asked senators Estrada, Villar and Lacson so lobby against the approval of the treaty. —Rafael S. Alas III/QSB