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Guest Editorial by: Father Shay
Cullen, PREDA Foundation
 t was a happy moment and a
surprise for many when Philippine President Gloria Macapagal-Arroyo
 announced
in a simple statement last Holy Saturday that the Philippines would
change its policy of executing convicted criminals. The death penalty,
abolished by the constitution, was strangely restored by an act of
congress in 1993 amid much opposition by the church and human rights
groups.
The chance to confess, repent and make restitution, no matter how
heinous the crime, ought to be available for all who are justly
convicted.
This is what Jesus of Nazareth taught and practiced. Hanging on the
cross himself a victim of an unjust conviction and the death penalty. He
forgave those who caused his suffering and death. “Father, forgive them
for they know not what they do”, he prayed. He forgave the repentant
thief, “This day you will be with me in paradise”. The other, who mocked
him and was unrepentant was not reprimanded or condemned by Jesus.
Even though victims and their families may want the perpetrator to
receive a just punishment can instead become vindictive and demand
revenge. They want an eye for eye, a death for a death. No matter how it
may seem justified is not the way Jesus would have us behave. Mercy,
compassion, belief in repentance and redemption is what we must strive
for. Jesus, innocent executed in extreme agony, did not seek revenge but
the redemption of the world and the conversion of sinners. We ought to
seek no less.
Of the 1205 inmates on the Philippines’ “death row”, many have been
wrongfully convicted according to human rights groups representing some
of them. Only 230 of these convictions have been affirmed by the Supreme
Court. One study citing a decision of the Supreme Court in July 2003
showed that the lower regional trial courts had close to a 72 per cent
wrong conviction rate. In reviewing 907 death penalty cases, the Court
admitted that 26 were dismissed, 555 modified, 65 acquitted, and 31
remanded. This underlines just how flawed is the system of justice in
the Philippines, is that the justices have been trying to reform for
years.
Most death penalty sentences are unsafe and those convicted are
overwhelming the poor and unable to hire a lawyer.
 The
public defender, no matter how dedicated, is inexperienced, under
trained, has no resources or help to investigate the circumstances and
uncover evidence that would exonerate his client and expose lies.
Convictions are handed down despite the preponderance of reasonable
doubt. The rich have the best of lawyers and the power and influence and
bribe officials, police and scare off witnesses. They almost never get
convicted.
The death penalty was reinstated in the Philippines not because it was a
just punishment but because it was a high profile and desperate remedy
to quench public anger at the rising tide of heinous unchecked crime.
Kidnapping, murders, rapes extortion rackets, drug trafficking, hold-ups
and bank robberies were the daily headlines for many years. Much of it
aided and abetted by corrupt police or military. Some even had their own
criminal gangs. When they were suspected they eliminated the gang in a
spectacular shoot out that solved the crimes and won them a medal. The
crime wave of the 90’s abated, not because of the death penalty but
because some of the suspect top cops and generals ran for pubic office
and won-based on their crime fighting successes.
Despite the efforts of decent and honest politicians to curb crime, many
others are linked to it. They are inept corrupt and protected by private
armies and hit men.
 Their
links to criminal gangs involved in gambling, drug trafficking and
prostitution. They thus accumulate untold wealth and buy their way into
office again and again. Thus the cycle of corruption, and the plunder of
the treasury goes on and on. Poverty of the majority is a direct result.
The Philippines, despite it’s abundance of highly educated English
speaking friendly people, abundant raw resources and skilled work force
remains one of the most backward economies in Asia. Most flee abroad at
every opportunity and contribute to the growth of the lucky nations who
get them. The vastly rich two percent of the population own seventy
percent of the land and wealth. What can change that?
The lifting of the death penalty gives children the opportunity to
testify against their rapists and abusers whether they are relatives,
parents or neighbors. The fear of being blamed by their family for the
execution of a rapist father, brother or relative is too much for small
children. No matter how they are protected and empowered by therapists
and social workers to seek justice and healing the ordeal is too much.
In prison the abuser can think about his heinous acts and repent. Now we
need the Philippine congress to pass a law and make the President’s word
a reality, not just a promise.
Father Shay Cullen
PREDA Information Office
PREDA Foundation, Inc.
www.preda.org
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