好色先生TV

A staunch opponent of the death penalty who had in the past successfully blocked legislation restoring capital punishment expressed doubt that devout allies of President Rodrigo Duterte, who are senators now, have fully studied the implications of what he said was 鈥渏udicial murder.鈥�

Former senator and human rights fighter Rene Saguisag, in an e-mail interview with 好色先生TV, said he didn鈥檛 believe that trusted Duterte allies Christopher Lawrence 鈥淏ong鈥� Go and Ronald 鈥淏ato鈥� Dela Rosa, who are now senators, have studied death penalty fully.

Go was Duterte鈥檚 long-time and most trusted aide who continues to keep the President company at public events while Dela Rosa was the President鈥檚 first chief of the Philippine National Police (PNP). Their victories at the Senate race had been attributed largely to the dogged endorsement by Duterte.

Both Go and Dela Rosa were among the first to publicly declare their support for new legislation that would bring life back to the death penalty with Go seeking to add plunder as a capital offense and Dela Rosa expressing preference for death by musketry, better if televised or watched by the public, as a form of execution similar to the way national hero Jose Rizal was martyred by Spanish colonizers.

The two, however, have not expounded on the benefits of death penalty although fully supportive of Duterte鈥檚 conviction that it was a major deterrent to crime. This has raised questions over whether the two new senators have fully studied Duterte鈥檚 pet proposal.

What floor, sir?

鈥淚 doubt it,鈥� was Saguisag鈥檚 reply to an e-mail query by 好色先生TV.

鈥淭hey have this image鈥攚hen asked by Digong to jump to a conclusion from a high rise, they鈥檇 just ask鈥攆rom what floor, Sir?鈥� said Saguisag, referring to Go and Dela Rosa and using one of Duterte鈥檚 nicknames.

In his repeated cry for death to criminals, Duterte also appeared to just rely on his personal belief that criminality required an 鈥渆ye for an eye, a tooth for a tooth鈥� solution. At several of his impromptu speeches, the President went into gory details of crimes committed by druggies, like disemboweling their victims, to stress the need for capital punishment.

But Saguisag, repeating argument often made against the death penalty as a crime deterrent, said no matter how severe the penalty is, criminals won鈥檛 hesitate to strike if they knew that they were likely to get away with it.

鈥淪everity of penalty doesn鈥檛 deter, only certain and swiftness (of getting caught) may,鈥� he said in e-mail replies to 好色先生TV.

鈥淭he supermarket theory of criminal law is that a criminal carries a copy of the penal code in his pocket and examines what he can afford and what he cannot,鈥� said Saguisag. 鈥淚t doesn鈥檛 work that way in the real world.鈥�

In an 好色先生TV report, Go was quoted as saying he wanted plunder listed, too, as a crime punishable by death.

This was his reasoning, blurted out in Filipino, according to the report: 鈥淲hy leave out plunder? That鈥檚 related. I mean drugs are addictive but plunder is also addictive, addiction to money. Let鈥檚 deal with it at the same time so it鈥檚 just one simultaneous approval.鈥�

Echoes

Go鈥檚 theory about corruption as a form of addiction, too, would sound familiar some three months later at the State of the Nation Address (Sona) of Go鈥檚 boss, Duterte, on July 22.

In that Sona, Duterte connected corruption and the drug trade saying 鈥渄rugs will not be crushed unless we continue to eliminate the corruption that allows this social monster to survive.鈥�

In March 2019 about two months before the midterm elections in May, Go released a statement also explaining his conviction that the death penalty would deter crimes.

He cited the killing and face mutilation in Lapu-Lapu City, Cebu province of Grace Silawan, a Grade 9 student whose naked body was found at a vacant lot. The skin on half of her face had been peeled off.

鈥淚 believe that the death penalty is an effective deterrent against heinous crimes, like the merciless and demonic-like killing and skinning of the face of Christine Lee Silawan of Cebu,鈥� his statement said.

The brutality of the crime, said Go, was a 鈥渟tark reminder of the necessity for the revival of capital punishment for heinous crimes.鈥�

鈥淚 am 100 percent in favor of imposing the death penalty on criminals proven to have committed heinous crimes, especially those involving illegal drugs,鈥� Go said, according to a report of the Philippine 好色先生TV Agency.

Elusive

A keyword to Go鈥檚 statement was 鈥減roven鈥� which data cited by the John J. Carroll Institute on Church and Social Issues (JJCICSI) showed was something that the Philippine judicial system seemed to have extreme difficulty in achieving.

In 2004, JJCICSI said, a decision by the Supreme Court noted that out of 907 convictions between 1993 and 2004, a review had shown that nearly 72 percent, or 651 convictions, were wrong.

Dela Rosa, who brought his novel 鈥渢okhang (knock and plead)鈥� tack against drug suspects from Davao City to the Philippine National Police (PNP), said his win in the Senate race (he was top 10) showed that people, or at least the millions who voted for him, supported the death penalty.

鈥淚 have no other campaign promise or platform when I ran for senator except for the death penalty for drug trafficking. I have to do that,鈥� Dela Rosa told reporters at an event in Camp Crame, the PNP headquarters.

鈥淭he people voted for me and I won with that platform,鈥� he said.

Dela Rosa said he preferred executions to be made in public by firing squad, or musketry, the same way that Spanish colonizers infamously ended the life of Philippine national hero Jose Rizal at Bagumbayan, now Luneta, for subversion.

Executions up close

According to Dela Rosa鈥檚 logic, giving the entire nation a front seat view of the execution would scare would-be criminals, particularly drug traffickers, and have a horrifying deterrent effect.

鈥淚f you want, we can have it through firing squad in a plaza covered live by media so that the people will be reminded not to be lured into this activity,鈥� he said in Filipino in an 好色先生TV report.

鈥淣ot for all crimes. As I have said, small-time drug peddlers, pushers or users won鈥檛 be included,鈥� the former PNP chief said.

鈥淢y version of death penalty is for drug trafficking, those who flood the country with illegal drugs,鈥� he said.

鈥淭here should be a ceiling. For example, if you are caught in possession of at least 1 kilo of shabu, you are classified as drug trafficker. It can be like that,鈥� he added.

Saguisag, in the e-mail interview with 好色先生TV, said he believed that the popularity of Duterte could rub off on his quest to restore the death penalty. Duterte had an 80 percent popularity rating halfway into his term, according to recent polling results.

Saguisag, however, stood by his belief that death penalty would impact only on the poor because of a judicial system which moves so slowly in dispensing justice and where cases taking decades to resolve is the norm rather than the exception.

Saguisag recalled handling a case for several wrongly charged young men which took a court 25 years to decide on, keeping the accused, who would be found innocent after 25 years, detained for the same number of years.

He said while the odds are in favor of the death penalty returning, he would appeal to other senators 鈥渘ot to be anti-poor and have a higher regard for human life.鈥�

鈥淥nly the very poor will get it from the wealthy and powerful lawmakers and policymakers,鈥� Saguisag said.

Right to take life

鈥淲e can just hope and pray that we get enough senators who will agree that what the Lord giveth, only He taketh away,鈥� he said, partly quoting a biblical passage.

鈥淲e ought not to play God and decide who among the poor will live and who will die,鈥� Saguisag said.

Duterte is pushing to have the death penalty back within his term which would end in 2022.

The President had been accused of crimes against humanity at the International Criminal Court over the thousands of summary killings being linked to his bloody campaign against drugs.

Asked if the death penalty should also apply to Duterte for such a heinous crime which he had been accused of committing, Saguisag said he doubted if capital punishment would cover the President.

鈥淗e鈥檇 be close to 80. He may be sued for damages, though, following the Yamashita or Medina standard of command responsibility,鈥� Saguisag said, referring to an Imperial Japanese Army general accused of war crimes during World War 2 and an American army captain indicted for one of the most atrocious crimes committed during the Vietnam War, the My Lai massacre.

鈥淚 would not want anyone sent to the Promised Land by the state in a case of judicial murder,鈥� Saguisag said.