Bilibid officials question execution deferment order
June 26, 2004 | 12:00am
Officials at the New Bilibid Prisons (NBP) are doubtful whether they could carry out an order from a regional trial court judge to call off the execution of a convicted kidnapper for a third time.
An official of the national penitentiary told The STAR that they are facing issues on technicalities and execution rules after a Quezon City judge issued his fourth execution order for the same convict.
The last order, according to the official, sets the date on Sept. 30. It was earlier set on March and moved to May, then to June.
The source said the judge justified his revision orders by citing Republic Act 8177, the law that replaced the mode of execution from the electric chair to lethal injection.
"We are not so sure if he (judge) is allowed to revise his order thrice under the rules," the source said.
The official noted that they usually honor such orders only if they come from Malacañang.
They had carried out call-off orders from RTC judges in the past, but only up to first and second revisions, and for valid reasons.
Another RTC judge earlier this year called off the execution of a convict because of laps in calculation on the date of execution from the date the decision was made.
"It is the Supreme Court that affirms the decision and it is Malacañang that calls off through reprieves," explained the official.
According to the source, they would seek guidance from their main agency, the justice department, regarding the issue.
While checking on the rules, the official said they would also counter-check the authenticity of the fourth order.
The two-year moratorium on the death penalty law was lifted by President Arroyo last year due to pressure from the Chinese-Filipino community, which is the target of kidnap-for-ransom groups.
The Supreme Court had issued a reprieve on the execution of convicted kidnappers Roberto Lara and Roderick Licayan before the May 10 elections.
NBP officials are still awaiting orders from Malacañang on the scheduled executions for this year.
An official of the national penitentiary told The STAR that they are facing issues on technicalities and execution rules after a Quezon City judge issued his fourth execution order for the same convict.
The last order, according to the official, sets the date on Sept. 30. It was earlier set on March and moved to May, then to June.
The source said the judge justified his revision orders by citing Republic Act 8177, the law that replaced the mode of execution from the electric chair to lethal injection.
"We are not so sure if he (judge) is allowed to revise his order thrice under the rules," the source said.
The official noted that they usually honor such orders only if they come from Malacañang.
They had carried out call-off orders from RTC judges in the past, but only up to first and second revisions, and for valid reasons.
Another RTC judge earlier this year called off the execution of a convict because of laps in calculation on the date of execution from the date the decision was made.
"It is the Supreme Court that affirms the decision and it is Malacañang that calls off through reprieves," explained the official.
According to the source, they would seek guidance from their main agency, the justice department, regarding the issue.
While checking on the rules, the official said they would also counter-check the authenticity of the fourth order.
The two-year moratorium on the death penalty law was lifted by President Arroyo last year due to pressure from the Chinese-Filipino community, which is the target of kidnap-for-ransom groups.
The Supreme Court had issued a reprieve on the execution of convicted kidnappers Roberto Lara and Roderick Licayan before the May 10 elections.
NBP officials are still awaiting orders from Malacañang on the scheduled executions for this year.
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