MARCH 12, 2014

NR # 3403B

Bill on death penalty for foreign nationals in drug-related crimes approved by House committee
The House Committee on Dangerous drugs has endorsed for plenary passage of the proposed statute providing that foreign nationals caught violating Philippine laws be convicted and meted the harshest penalties, including death, that their countries laws impose. The committee approved the bill to deter foreign nationals from engaging in drug related activities in the country,! Committee Chairman "icente "arf! #elmonte stressed in Committee $eport %o. &' on H# ()(*. The Committee approved bill mandates the imposition of the penalty for drug offenses as prescribed under the national law of the foreign national or the penalty under $.+. ,(-&, whichever is higher. .hile there is no reason to /uestion the laws of foreign countries, we must ensure that our countrymen do not suffer the short end of the stic0,! author $ep. $ufus $odrigue1 2)nd District, Cagayan de 3ro City4 stressed. H# ()(* or +n +ct adopting the higher prescribed penalty, including death, of the national law of an alien found guilty of traffic0ing dangerous drugs and other similar substances, amending for the purpose $.+. %o. ,(-&, otherwise 0nown as the Comprehensive Dangerous Drugs +ct of )55)! is co authored by $ep. 6a7imo $odrigue1 2Partylist, +bante 6indanao4. During the bills public hearings, the authors also noted arguments against $.+. ,*8- which abolished the death penalty in the country, saying many foreign nationals were emboldened to establish their drug factories in the Philippines. 3nce convicted, these foreign nationals only suffer life imprisonment as opposed to the penalties that they suffer in their own countries which, in some cases li0e china, is death,! they pointed out. The authors also cited constant reports of foreign nationals, including Chinese nationals, being caught selling drugs and operating drug dens and laboratories in the Philippine. +nd once caught and convicted, the penalty that our courts could impose is only life imprisonment. This is a sad, or even unfair situation, because when 9ilipinos are caught drug traffic0ing abroad, they may be meted the death penalty, as seen in the most recent

e7ecution of the three 9ilipinos in China, namely :li1abeth #atain, *' years old, ;ally 3rdinario "illanueva, *), and $amon Credo, 8),! the authors said. <ust last <uly *, )5(*, $odrigue1 recalled, a *& year old 9ilipina was e7ecuted despite pleas from the Philippine government. ;he was caught last <anuary )&, )5(( with -.(,' 0ilos of heroin in her luggage at the Hang1hou =nternational +irport and was sentenced to death in )5((. .hile the rationale for the passage of $.+. ,*8- 2abolition of the death penalty4 is very clear and noble, there are some sectors of society who believe that this law is not >ust and e/uitable because while foreigners may not be e7ecuted in the Philippines for drug traffic0ing, 9ilipinos who commit the same are e7ecuted in other >urisdictions,! they argued. =t may be noted that H# ()(* was originally introduced as H# 8&(5 by the same authors during the (&th Congress and was passed by the House of $epresentatives and transmitted to the ;enate where it died a natural death. ;ection ( of H# ()(* states that? =f the violator of any of the provisions of this +ct is alien, the penalty to be imposed shall be the penalty prescribed by the aliens national law for the act committed or the penalty prescribed by this +ct, whichever is higher? Provided, that if the act committed is not punishable in the aliens national law, then the provisions of this +ct shall apply.! 9urthermore, the said ;ection states that? .here the death penalty is not imposed by the national law of the offender, for the unlawful act committed, any alien who violates such provisions of this +ct, after service of sentence, be deported immediately without further proceedings. The penalty of death, if applicable, shall be imposed despite the prohibition of the imposition of the death penalty in the Philippines,! H# ()(* mandates. 2*54 dpt