DFA chief defends RP-Spain prisoner transfer treaty

MANILA, Philippines - Foreign Affairs Secretary Alberto Romulo yesterday defended the 2007 RP-Spain Transfer of Sentenced Persons Agreement (TSPA), saying it is not a “one-way street” that will benefit only Spanish citizens but Filipinos as well.

Romulo explained the treaty on prisoners of the Philippines with Spain, also with Thailand and Hong Kong, would benefit Filipino citizens sentenced to jail who may request to be transferred to the home country to serve the remainder of their prison sentence.

“We abide by the laws. It’s not a one-way street in the Transfer of Sentenced Persons Agreement. It’s merely a transfer. It doesn’t mean pardon,” Romulo told a news conference.

Romulo referred to the case of Francisco “Paco” Larrañaga and clarified it does not mean a pardon.

Larrañaga, a Spanish citizen, is among those convicted in the rape-slay of siblings Jacqueline and Marijoy Chiong in 1997.

The Department of Justice (DOJ) allowed the transfer of Larrañaga to Spain to serve the remainder of his prison sentence following the petition invoking the TSPA.

Larrañaga availed of the TSPA being a Spanish national. Larrañaga had presented his birth certificate that showed he was born on Dec. 27, 1977 in Cebu to Margarita Osmeña-Gonzales, a Filipina, and Manuel Arbelais-Larrañaga, a Spanish national.

Larrañaga is said to be the great grandson of the late President Sergio Osmeña Sr.

Romulo said the DOJ had made it clear that pardon would be decided only by the issuing country, that is the Philippines, in the case of Larrañaga.

The DOJ said that even with the intervention of the Chiongs in the petition, they would not stop the transfer of Larrañaga to a jail facility in Spain since he already complied with the treaty conditions.

Justice Secretary Agnes Devanadera said there is no provision under the treaty on prisoner exchange between Philippines and Spain requiring consultation with the family of the victims before the jail transfer could be undertaken.

Sen. Miriam Defensor-Santiago, on the other hand, called on the DOJ to issue the implementing rules and regulations on the TSPA.

Santiago suggested a public hearing should be made on any petition invoking the TSPA to prevent controversies.

She said the hearing is proper since the adverse party would also be notified on any petition to transfer the custody of a prisoner.

“And (those) who are interested in keeping the alien here would raise their objections properly, and be heard at least by the judge,” Santiago said.

Santiago stressed the danger of keeping a foreigner in prison in the presence of any transfer treaty such as the TSPA.

“The danger of keeping a foreign national in jail even if there is a transfer treaty is that he might file in an international tribunal a complaint for violation of human rights if the jail conditions in the sentencing country are below the standards of his own country,” she said.

Santiago also denied the treaty was made to accommodate the transfer of Larrañaga to Spain.

The family led by matriarch Thelma Chiong had blamed Malacañang and Santiago for intervening with the judiciary in the deportation of Larrañaga, a Spaniard convicted in the rape slay of her daughters.

“I don’t know because I was never approached by anybody on behalf of Larrañaga or even Malacañang,” Santiago said.

“I was just requested to prioritize the treaty in time for the President’s (Arroyo’s) state visit,” she said. “We normally do that as a matter of courtesy to another branch of government.”

Santiago said the Chiongs merely wanted to be notified beforehand of any decision to transfer one of the convicts out of jail.

“I think that is all they are asking for; they just want to be heard on why he should be kept here rather than sent to Spain,” Santiago said. – With Aurea Calica