A LEGISLATOR wants to impose death penalty on foreigners caught violating the country’s anti-drugs law if their countries impose that penalty on such cases.
Puwersa ng Masang Pilipino Rep. Rufus Rodriguez of Cagayan de Oro has filed House Bill 4510 to amend Republic Act (RA) 9165, or the Comprehensive Dangerous Drugs Act of 2002, by implementing penalties applied in the country of origin of the foreigner.
While acknowledging that the imposition of death penalty has been abolished through RA 9346, Rodriguez said there are some sectors of society who believe that the law is not just and equitable because, while foreigners may not be executed in the Philippines for drug trafficking, Filipinos who commit the same are executed in other countries.
“One argument against RA 9346 is made in the context of drug-related crimes. Many foreigners are now emboldened to establish their drug factories in the Philippines because once convicted, they only suffer life imprisonment as opposed to the penalties that they may suffer in their countries, which is in some cases, death,” said Rodriguez in his explanatory note.
Rodriguez also said there have been constant reports of foreigners, including Chinese being caught selling drugs and operating drug dens and laboratories in the Philippines and once caught and convicted, the penalty that the Philippine government may impose is only life imprisonment.
“This is a sad or even unfair situation because when Filipinos are caught drug trafficking abroad, they may be imposed death penalty as seen in the most recent execution of three Filipinos in China,” said Rodriguez, referring to Elizabeth Batain, Sally Ordinario-Villanueva and Ramon Credo.
The legislator said while there is no reason to question the laws of other countries, the government must ensure that Filipinos “are not short-changed.”
“As such, there is a need to amend our laws to ensure that foreigners caught violating our laws on drugs be also sentenced to the harshest penalties that their national law imposes,” Rodriguez said.
The bill, co-authored by Rodriguez’s brother Party-list Rep. Maximo Rodriguez Jr. of Abante Mindanao, seeks to amend in particular Section 31 of RA 9165.
As embodied in the measure, “if the violator of any of the provision of this Act is an alien, the penalty to be imposed shall be the penalty prescribed by their national law for the act committed or the penalty prescribed by this Act, whichever is higher, provided that if the act committed is not punishable in their national law, then the provisions of this Act shall apply.”
It said where the death penalty is not imposed, “in addition to the penalties prescribed in the unlawful act committed, any alien who violates such provisions of this Act shall, after service of sentence, be deported immediately without further proceedings [unless the penalty is death].”
“The penalty of death, if applicable shall be imposed despite the prohibition of the imposition in the Philippines,” the bill said.
