It was reported that there were seven juvenile convicts...
It was reported that there were seven juvenile convicts on death row at the New Bilibid Prisons (NBP) in Muntinlupa, the Philippines, all of them living in misery in cramped cells and denied of sunlight
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It was reported that there were seven juvenile convicts on death row at the New Bilibid Prisons (NBP) in Muntinlupa, the Philippines, all of them living in misery in cramped cells and denied of sunlight.
"They were better off when they were detained at the maximum security compound because they can go around and enjoy the sunshine. But here at the minimum security compound, they are confined to very small (3 x 4 feet) cells," said NBP chaplain Fr. Roberto Olaguer. He added that not one of these juvenile death row convicts, the youngest of whom was 16, had had their sentences confirmed by the Supreme Court, though some of them had committed their crimes when they were nine years old.
In 2003, the Philippine Jesuit Prison Service, with assistance from Public Attorney's Office (PAO), managed to convince the Supreme Court to review the cases of six of the youthful offenders already sentenced to death. The six were already awaiting their execution at NBP. Among the convicts who were given a chance to prove their minority were Ramon Nicodemus, Saturani Panggayong, Roger Pagsibigan, Larina Perpiñan, Elmer Butal and Christopher Padua. The seventh, Ronald Bragas, had been referred by SC to the Muntinlupa Regional Trial Court. The Supreme Court said death row is not a place for youthful offenders.
"Detaining an accused, who is a minor, on Death Row, which can break even a hardened criminal, while he awaits his fate, negates the very essence of protection afforded by the state on the youth," the SC said.
Olaguer, who had been prison chaplain for almost three decades, agreed. "Handing death sentences to minors is contrary to Republic Act 7659. But judges blatantly disregard the law," he said.
Section 22, Article 47 of the Revised Penal Code clearly stipulates: "The death penalty shall be imposed in all cases in which it must be imposed under existing laws, except when the guilty person is below eighteen (18) years of age at the time of the commission of the crime."
"Some of these juveniles were sentenced without anybody first confirming their true age," Olaguer said, attributing this to "bad lawyering."
"They were better off when they were detained at the maximum security compound because they can go around and enjoy the sunshine. But here at the minimum security compound, they are confined to very small (3 x 4 feet) cells," said NBP chaplain Fr. Roberto Olaguer. He added that not one of these juvenile death row convicts, the youngest of whom was 16, had had their sentences confirmed by the Supreme Court, though some of them had committed their crimes when they were nine years old.
In 2003, the Philippine Jesuit Prison Service, with assistance from Public Attorney's Office (PAO), managed to convince the Supreme Court to review the cases of six of the youthful offenders already sentenced to death. The six were already awaiting their execution at NBP. Among the convicts who were given a chance to prove their minority were Ramon Nicodemus, Saturani Panggayong, Roger Pagsibigan, Larina Perpiñan, Elmer Butal and Christopher Padua. The seventh, Ronald Bragas, had been referred by SC to the Muntinlupa Regional Trial Court. The Supreme Court said death row is not a place for youthful offenders.
"Detaining an accused, who is a minor, on Death Row, which can break even a hardened criminal, while he awaits his fate, negates the very essence of protection afforded by the state on the youth," the SC said.
Olaguer, who had been prison chaplain for almost three decades, agreed. "Handing death sentences to minors is contrary to Republic Act 7659. But judges blatantly disregard the law," he said.
Section 22, Article 47 of the Revised Penal Code clearly stipulates: "The death penalty shall be imposed in all cases in which it must be imposed under existing laws, except when the guilty person is below eighteen (18) years of age at the time of the commission of the crime."
"Some of these juveniles were sentenced without anybody first confirming their true age," Olaguer said, attributing this to "bad lawyering."
— SOURCES
- (Sources: Manila Standard, 25/07/2004)
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