DOJ outlines advisory points on drug mules
A month after three Filipinos were executed in China for drug trafficking, the Department of Justice (DOJ) in the Philippines has issued an advisory opinion on illegal drug couriers.
In a six-page advisory opinion issued last Friday, April 29, Justice Sec. Leila de Lima said the advisory opinion “seeks to explain to the public the issues surrounding the recruitment, arrest, detention and conviction in foreign countries of Filipinos who are caught transporting illegal drugs."
The opinion outlined 10 advisory points:
•Carry at your own risk.
•Knowledge is immaterial and intent is not a requirement in drug trafficking.
•Be vigilant of the modus operandi of drug courier syndicates.
•In the unfortunate event of arrest or detention for drug trafficking, have presence of mind and do not resist arrest.
•Assert your legal rights, inquire on the legal remedies and request for consular assistance.
•Presumption of innocence will always apply.
•The laws of country of arrest apply.
•If sentenced, the government can only be of limited assistance.
•"Blood money" cannot be paid to erase the liability of a person convicted of a crime involving illegal drugs.
•Take full responsibility of your actions.
Last March 30, China implemented the death sentences meted out on Sally Ordinario-Villanueva, Elizabeth Batain, and Ramon Credo, who were convicted of drug trafficking there. The three served as illegal drug couriers and were separately arrested and detained in China in 2008.
Villanueva's family has filed a complaint with the DOJ against Tita Cacayan, the alleged recruiter who gave Villanueva the suitcase containing heroin. Villanueva’s family said Sally was unaware that she was bringing illegal drugs to China.
But in her opinion, De Lima said in drug trafficking, mere possession is punishable and that lack of knowledge and intent does not exonerate one from being punished for drug trafficking.
“It is not a valid legal defense that the possessor or carrier of a package did not know that it contains illegal drugs or that he had no intention to commit a crime," said De Lima.
She also advised Filipinos who plan to work overseas to be wary of recruiters who require them to bring something to their destination.
“Always be on-guard when dealing with strangers even at last minute check-in who request help for overweight check-in luggage for payment of the charges and a premium," she said.
“The best course of action is to refuse to carry any package that you have not personally packed or checked. This is the only way to save your life," she added.
In the event that a Filipino is nabbed for drug trafficking, De Lima underscored that the suspect must invoke his legal rights and remedies “to ensure that you are adequately protected."
“The right to counsel is available to detained persons in many jurisdictions. If you are not allowed to have a lawyer at that stage, firmly but respectfully ask at what point during the process can you be assisted by counsel. Abuse during detention can be prevented if your interrogators realize that you are aware of your rights," she said.
De Lima likewise said that the Philippine government can only offer limited assistance to arrested persons.
“The government cannot interfere in the internal affairs of other countries like the trial of criminals in their jurisdiction. The best the government can do for you is to assist in protecting your rights and arranging your legal defense. Outside of this, the government cannot insist that you be given a different treatment than that which the laws of other countries provide," she said. - KBK, GMA News
In a six-page advisory opinion issued last Friday, April 29, Justice Sec. Leila de Lima said the advisory opinion “seeks to explain to the public the issues surrounding the recruitment, arrest, detention and conviction in foreign countries of Filipinos who are caught transporting illegal drugs."
The opinion outlined 10 advisory points:
•Carry at your own risk.
•Knowledge is immaterial and intent is not a requirement in drug trafficking.
•Be vigilant of the modus operandi of drug courier syndicates.
•In the unfortunate event of arrest or detention for drug trafficking, have presence of mind and do not resist arrest.
•Assert your legal rights, inquire on the legal remedies and request for consular assistance.
•Presumption of innocence will always apply.
•The laws of country of arrest apply.
•If sentenced, the government can only be of limited assistance.
•"Blood money" cannot be paid to erase the liability of a person convicted of a crime involving illegal drugs.
•Take full responsibility of your actions.
Last March 30, China implemented the death sentences meted out on Sally Ordinario-Villanueva, Elizabeth Batain, and Ramon Credo, who were convicted of drug trafficking there. The three served as illegal drug couriers and were separately arrested and detained in China in 2008.
Villanueva's family has filed a complaint with the DOJ against Tita Cacayan, the alleged recruiter who gave Villanueva the suitcase containing heroin. Villanueva’s family said Sally was unaware that she was bringing illegal drugs to China.
But in her opinion, De Lima said in drug trafficking, mere possession is punishable and that lack of knowledge and intent does not exonerate one from being punished for drug trafficking.
“It is not a valid legal defense that the possessor or carrier of a package did not know that it contains illegal drugs or that he had no intention to commit a crime," said De Lima.
She also advised Filipinos who plan to work overseas to be wary of recruiters who require them to bring something to their destination.
“Always be on-guard when dealing with strangers even at last minute check-in who request help for overweight check-in luggage for payment of the charges and a premium," she said.
“The best course of action is to refuse to carry any package that you have not personally packed or checked. This is the only way to save your life," she added.
In the event that a Filipino is nabbed for drug trafficking, De Lima underscored that the suspect must invoke his legal rights and remedies “to ensure that you are adequately protected."
“The right to counsel is available to detained persons in many jurisdictions. If you are not allowed to have a lawyer at that stage, firmly but respectfully ask at what point during the process can you be assisted by counsel. Abuse during detention can be prevented if your interrogators realize that you are aware of your rights," she said.
De Lima likewise said that the Philippine government can only offer limited assistance to arrested persons.
“The government cannot interfere in the internal affairs of other countries like the trial of criminals in their jurisdiction. The best the government can do for you is to assist in protecting your rights and arranging your legal defense. Outside of this, the government cannot insist that you be given a different treatment than that which the laws of other countries provide," she said. - KBK, GMA News
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