The Manila Times

PHILIPPINES: 12 youthful convicts moved from death row

The Bureau of Corrections (BuCor) has finally transferred 12 minors from the death row to the medium security prison yesterday.

Justice Secretary Hernando Perez was forced to issue the order after the BuCor apparently failed to receive a copy of a Supreme Court resolution ordering the transfer of the 12 minors from death row.

The BuCor have not yet received the Supreme Courts order to transfer the minors, that is why I immediately told the BuCor to transfer the minors because they should not stay in the compound where hardened criminals are imprisoned, Perez said.

 The minors were mixed with hardened criminals before they were transferred.

 From Brigada 1 of the New Bilibid Prisons (NBP) maximum compound known as the death row, the youthful offenders, 11 boys and one girl, were transferred to Kampo Sampaguita or the medium security prisons.

 This was confirmed by acting BuCor Director Joselito Fajardo.

The convicts were identified as Alfredo Alvero, Alfredo Baroy, Ronald Bragas, Anthony Manguera, Renante Mendez, Ramon Nicodemus, Saturani Panggayong, Roger Pasibigan, Elmer Butal, Jerry Natimdim, Christopher Padua and Larina Perpinan who had been detained at the death row of the Correctional Institute for Women (CIW).

 Alvero, Bragas, Nicodemus, Pasibigan, Perpinan, Butal and Padua were 17-year-olds when convicted by the lower court while Manguera and Panggayong were only 15 when the lower court sentenced them to death. Mendez and Natimdim were both 18 years old while Baroy was only 14 when sentenced to death by the Para�aque Regional Trial Court.

 The High Court ordered the immediate transfer of the 12 minor inmates after Ma. Victoria Diaz, program development officer of the Philippine Jesuit Prison Service (PJPS) on Nov. 26, 2001 informed the Tribunal that the 12 convicts were detained at the death row while waiting for the High Courts final decision.

 According to Diaz, the convicts were below 18 years old at the time they were committed for their respective offenses.

 Under the Revised Penal Code, minority is a privileged mitigating circumstance that prevents the imposition of the death penalty. Instead of the death penalty, convicts 18 years old and below should receive a penalty one degree lower, which is reclusion perpetua or life imprisonment.

 The law also states that trial courts should impose a discretionary penalty but always lower by at least two degrees or 12 to 20 years imprisonment if the offender is under 15 but over 9 years old.

 The High Court pointed out that they have long recognized that youthful offenders should be afforded special treatment considering their developmental age and desired reintegration into and assumption of a constructive role in the society.