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Appeals to FMJ for clemency
By Nidz Godino
“I am so happy that I have come home to our country,I wish the President could give me clemency,” Mary Jane Veloso said from behind gate of Correctional Institution for Women (CIW) after 14 years on death row in Indonesia and being nearly executed by firing squad for drug trafficking, home to Philippines and was welcomed by embrace of her family.Veloso, 39, arrived at Ninoy Aquino International Airport on Cebu Pacific flight 5J 760 at 6:24 in the morning accompanied by ranking government officials, and with personnel from Bureau of Immigration and National Bureau of Investigation securing her.
Veloso’s children and other relatives who traveled from Nueva Ecija were unable to get close to her when she arrived, as she was immediately escorted to Bureau of Corrections (BuCor) vehicle and taken to CIW in Mandaluyong City, where she was briefly reunited with her family.
At CIW, she appealed to President Ferdinand Marcos Jr.to grant her clemency.
As Veloso, her parents, sons and siblings shared tight embraces, tears of joy streamed down their faces, were lit up with big smiles.
Supporters also gathered at CIW, pleading for clemency and freedom for Veloso. They carried flowers and Christmas lanterns and presents labeled “clemency.”
Veloso’s eldest son, Mark Danielle Candelaria, said they are happy that she is in the Philippines and also asked the President for clemency so that they can celebrate Christmas and New Year as “whole.”
Veloso was convicted of drug trafficking and sentenced to death after she was caught in airport carrying 2.6 kilograms of heroin in her luggage.
In 2015, she narrowly escaped death by firing squad when Indonesian President Joko Widodo granted last-minute reprieve, allowing Philippine authorities to prosecute alleged traffickers who duped her into smuggling drugs.
She has always maintained her innocence, saying she was duped into carrying suitcase that had secret stash of heroin.
Executive clemency “refers to reprieve, absolute pardon, conditional pardon with or without parole conditions and commutation of sentence granted by the President.”
As she was transferred to Philippines, Veloso’s sentence was commuted to life imprisonment, since there is no death penalty in the Philippines.
According to BuCor, Veloso will be held in the Reception and Diagnostic Center for 60 days , five-day quarantine followed by 55-day orientation, diagnostic evaluation and initial security classification.
Five-day quarantine is expected to end on Dec. 24, allowing Veloso’s immediate family to visit her for Christmas.
According to Department of Justice (DOJ), Veloso’s family can visit her “as often as they want for as long as they follow protocols of BuCor.”
Since Indonesia did not impose any condition on repatriation of Veloso, Philippines no longer needs permission from Indonesian government should executive clemency be granted to her.
However, DOJ noted that granting of clemency lies with the President and that Veloso is among many other PDLs seeking clemency, especially those who are elderly and sickly.
“It doesn’t mean that because she is in limelight now we will forget other Filipinos with equally sad situations who are imprisoned here in the country, we have to count our blessings…number one, we were able to reduce death sentence to life…second, we were able to bring her back with us…third, bringing her back to us means she will be subjected to all the rights and privileges of person deprived of liberty (PDL),” DOJ Undersecretary Raul Vasquez said.
If not granted clemency, Veloso can still avail of credits under Good Conduct Time Allowance (GCTA) Law for her early release, according to DOJ.
Since Indonesia did not place any conditions when it signed agreement with Philippines to transfer her to her home country, Veloso will be treated as ordinary PDL under Philippine laws and will receive same privileges granted by BuCor to other PDLs.
DOJ and Department of the Interior and Local Government (DILG) earlier signed amended implementing rules and regulations of GCTA law, following Supreme Court decision that allowed grant of privilege to those convicted of heinous crimes, recidivists, escapees and habitual delinquents.
With Veloso’s return, state prosecutors can continue with proceedings on human trafficking, illegal recruitment and estafa cases filed in court against her alleged recruiters, Cristina Sergio and Julius Lacanlinao, who were sentenced to life imprisonment in 2020.
DOJ earlier assured Veloso she will be kept separate from Sergio and Lacanlinao. It added that Veloso is “very crucial witness” on charges against convicted illegal recruiters.
However, Veloso will no longer need to be put under witness protection program since she will already be in custody of country’s corrections system.
President Marcos on Wednesday thanked anew Indonesian government and all those who helped in facilitating the return of Veloso to Philippines, where she would serve remainder of her sentence.
“We take this opportunity to extend our gratitude to Indonesian government and to all who have extended assistance for the welfare of Ms. Mary Jane Veloso,” the President said in statement.
Marcos said Veloso’s homecoming was made possible by Philippines’ “strong friendship” and cooperation with Indonesian government.
Case of Veloso is testament of trust and friendship between Philippines and Indonesia, Foreign Affairs Secretary Enrique Manalo added.
For his part, Speaker Martin Romualdez said Mary Jane’s story is clear reminder of dangers OFWs face abroad, adding that their sacrifices sym,bolize their deep love for their families.
“Today, we open our hearts and arms as we welcome back Mary Jane Veloso to Philippines. ..after enduring harrowing 14 years in Indonesian prison, her return is a profound relief and source of immense joy, not only to her family but to all Filipinos who have followed her ordeal with heavy hearts, For Mary Jane, your return gives inspiration and hope to us all,for our OFWs in whatever part of the world, this day is reminder of our continued efforts to protect and support you…your sacrifices are recognized and valued by the whole country,” Romualdez said.
In Congress, lawmakers welcomed return of Veloso after her 14-year incarceration in Indonesian prison for drug trafficking.
House committee on overseas workers affairs chair and Tingog party-list Rep. Jude Acidre said country celebrates long-awaited return to thountry of Mary Jane.
House foreign affairs committee member and Bukidnon 2nd District Rep. Jonathan Keith Flores said Filipino people “are not forgetful about matters involving ‘utang na loob’ and goodwill like the kind generated by release of Mary Jane Veloso.”
Bohol Rep. Alexie Besas Tutor said Veloso “can qualify for executive clemency in the form of commutation of sentence to time served,” adding that executive clemency processes will eventually happen.
“There are established local processes for executive clemency… requests for executive clemency can be conditional or absolute pardon or commutation of sentence for time served…there can also be other options. ..important to note that laws violated are those of Indonesia, not Philippine laws. ..presidential pardon powers cover Philippine laws only, this is why commutation of sentence for time served is most viable option… effect would be same:.. Mary Jane Veloso will inevitably gain her freedom. he also must testify against those people who caused her hardships,” Tutor explained further.
OFW party-list Rep. Marissa Magsino said Veloso’s return is symbol of “hope, love and unity,” while Akbayan party-list Rep. Perci Cendaña urged protections and better reintegration programs for OFWs.
Senate President Francis Escudero has called on Department of Foreign Affairs (DFA) to do inventory and accounting of Filipinos presently incarcerated abroad and possibly assist them following successful return of Veloso.
Escudero said government through DFA should provide all necessary legal assistance to Filipinos jailed overseas to secure their freedom.
“I hope that Mary Jane’s repatriation is only the first of many Filipinos similarly situated in various parts of the world, Veloso’s return proves PBBM ,President Marcos and his government truly care for Filipinos who are in foreign lands and away from their families,” he said, adding that this should serve as “wake-up call for all of us to focus on plight of similarly situated Filipinos,” Escudero said.
He said DFA, through its foreign missions, should work alongside Department of Migrant Workers whenever they are alerted about cases of Filipinos facing legal troubles overseas.
“They should find out nature of cases against them…what has been or can be done to help them regain their liberty . . . and assist them to make their detention more bearable,” Escudero said.
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