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PHILIPPINES - 12 juveniles taken off death row

SC orders 12 convicts removed from death row

In ManilaSupreme Court justices on Thursday ordered the transfer out of death row 12 convicts who were juveniles at the time they committed heinous offenses.

 In a 4-page resolution, the SC en banc "directed the Office of the Court Administrator to transfer (the 12) to the medium security compound of the National Penitentiary."

 Clerk of Court Luzviminda D. Puno released Thursday the ruling, which was in response to a letter of Philippine Jesuit Prison Service Program Development Officer Ma. Victoria S. Diaz.

 The youngest of the 12 is Alfredo G. Baroy, who was only 14 years old, born on January 19, 1984 at the time he allegedly committed the offense on March 2, 1998.

 He was only 17 years old at the time of his conviction on January 20, 1999 by the Para�aque Regional Trial Court.

 "Under Article 68, the Revised Penal Code, as amended, minority is a privileged mitigating circumstance, which prevents the imposition of the death penalty. As such, youthful offenders generally cannot be meted the death penalty."

 Under Philippine law, perpetrators below 15 years old are entitled to a special mitigating circumstance allowing them a lesser degree of penalty for heinous offenses.

 "Death row is no place for youthful offenders," the court said in a statement. "The law provides that minority is a privileged mitigating circumstance which prevents the imposition of the death penalty."

 Under the Child and Youth Welfare Code, minors aged nine and below who commit crimes are totally exempt from criminal liability while those aged nine and above (until fifteen years old) can be held accountable if found that they acted with discernment.

 Among the minors convicted for various offenses by the lower courts are Alfredo P. Alvero, Alfredo G. Baroy, Ronald Bragas, Anthony A. Manguera, Renante P. Mendez, Ramon R. Nicodemus, Saturani B. Panggayong, Roger M. Pasibigan, Larina R. Perpian, Elmer R. Butal, Jerry L. Natimdim, and Christopher V. Padua.

 "Detaining an accused, who is a minor, in the death row which can break even hardened criminals, while he awaits his fate negates the very essence of the protection afforded by the State on the youth," the SC added in its ruling.

 Of the 13 whose penalties were downgraded by the SC, 11 were convicted for rape.

 The SC added that, "on the other hand...we should not preempt the resolution of the appeal of the above appellants (minors convicted by the lower court) especially concerning their entitlement to the privileged mitigating circumstance of minority in order to reduce their penalties in case of an affirmation of their convictions."

 Aside from the problem of minors in death row, a 1999 report listed that several death row inmates are past 70 years old, another ground for exemption from prison under the law.

PHILIPPINES: Supreme Court orders removal of 12 minors from death row

Supreme Court justices on Thursday ordered the government to take 12 underage convicts off death row, saying it was against the law to execute them.

 "Death row is no place for youthful offenders," the court said in a statement. "The law provides that minority is a privileged mitigating circumstance which prevents the imposition of the death penalty."

 The court ordered the justice department to immediately transfer the 12, allegedly aged 18 or below, to a medium security compound of the national penitentiary.

 It issued the ruling in connection with a petition by a Roman Catholic Church-run prison welfare group that the 12 were illegally sentenced to death because of their age.

 Prison officials said earlier this week that the Philippine government would resume judicial killings next month after a three-year moratorium that went in effect in 2000 amid pressure from the Church.

 On September 20, taxi driver Filemon Serrano will be executed by injection for raping his 13-year-old daughter.

 A 2nd convicted rapist, Alfredo Nardo, will face lethal injection on October 16.

 7 convicts were executed here in 1999, but then-president Joseph Estrada ordered an indefinite freeze following pressure from rights groups and the Church.

 Estrada was toppled in a popular uprising spawned by growing corruption scandals last year.