13 Convicts on Death Row are over 70 yrs old, say Lawyers

Published in Today
(April 07, 2000)

AT least 13 of the 981 men now on death row are more than 70 years old and should have been given the lighter sentence of reclusion perpetual the Free Legal Assistant Group (Flag) said yesterday.

Maria Socono Diokno, Flag secretary general, noted that the elderly inmates, mostly convicted rapists, have been languishing at the maximum security compound of the New Bilibid Prisons awaiting the Supreme Court’s review of their cases.

They are among 19 convicts, including six minors, who should not have been meted out but with the death penalty on account of their age, Diokno said.

She pointed-out that at least one — convicted murderer Adolfo Belga, 70 – is just waiting for the issuance of the writ of execution by the regional trial court that sentenced him as the High Tribunal had already affirmed his death sentence. Under the law, President Estrada should have granted him executive clemency, she added.

The eldest among them is convicted murderer Pedro Mondejar, who turned 85 in February, while the “youngest” are convicted rapist Napoleon Claro and statutory rapist Rafael Salalima, both 69.”

Besides Beiga, convicted rapists Alejandro de los Santos and Benjamin Lim are septuagenarians. They are joined by convicted rapists Lor Santos, 71; Sergio Aban and Reynaldo de Villa, both 72; Paquito Basaysay and Zosimo Banido, both 73.

Incestuous rapist Alfredo Branderes is 77 while statutory rapist Benido Alcantado is 79.

Diokno pointed out that under Section 25 of Republic Act 8177 or the Lethal Injection Law, the death sentence. “shall not be inflicted upon a woman while she Is Pregnant or within one year after delivery nor upon any person over 70 years of age.” For overage inmates, the death sentence shall be commuted to reclusion perpetua with the accessory penalties cited in Article 40 of the Revised Penal-Code. But it should be noted that the law stresses that the President can, only exercise his pardoning power when the death sentence becomes final, Diokno said.

Last year, it was reported that at least six minors, aged 14 to 17, are on death row, including a girl who was convicted of kidnap for ransom. The death penalty law provides that capital punishment may not be imposed against persons below 18 years old at the time of the commission of their offense.

Flag reported that as of March 13, there are 981 persons now on death row, where 14 are foreigners-one FilipinoAmerican, 12 Chinese and one Japanese. More than half or 52.5 percent were convicted of rape.

Last week, President Estrada reprieved four more convicted rapists who were scheduled to die by lethal injection within this year, in accordance with the one-year moratorium on executions in deference to the Jubilee Year celebration of the Catholic Church.

In a March 29 memorandum to Justice Secretary Artemio Tuquero, Executive Secretary Ronaldo Zamora said the President has reprieved death convicts Gregorio Pagupat, Felipe de los Santos, Reynante Robles Jr. and Rodrigo Calma.

Esteban Vitor, who was supposed to be executed on Wednesday but was granted a reprieve the same day, was also included on the list.

All reprieves will expire on December, 31, 2000, after which the bureau of Corrections will schedule, the new dates of their executions.

The New Bilibid Prison conducted the last execution on January 4 this year to convicted rapist Alex Bartolome. It was supposed to execute Victor on Wednesday for lack of any communication from Malacañang on the moratorium.

Bartolome was the seventh death-row convict to die by lethal injection since the executions started last year with child rapist Leo Echegaray on February 5, child rapist Eduardo Agbayani on June 25, cop killers ArcWef Bulan, Jesus Morallos and Dante Piandiong on July 8 and rapist-killer Pablito Andan on October 26.

By KAREN TIONGSON
Reporter