IRR for TSPA with Spain in effect since April ’09 Philippine Daily Inquirer
October 17, 2009
THIS REFERS to the editorial titled “Swapped” (Inquirer, 9/10/09) which primarily commented on the Philippine government’s Transfer of Sentenced Persons Agreements (TSPA) with various countries, including Spain.
Inquirer’s appreciation of the necessity and sensibility of entering into treaties with foreign counterparts is commendable:
“[T]his legal and diplomatic measure is undoubtedly advantageous for the Philippines, considering the millions of Filipinos who live or work abroad.”
“[I]t would make sense, then, for the Philippine government to enter into prisoner exchange agreements to provide an added layer of protection, a legal safety web, for Filipino workers abroad.”
Allow us, however, to correct an apparent misimpression as to “why the treaty was made to apply to Larrañaga even before the IRRs were issued” as well as the issue on the satisfaction of civil liabilities.
Department Circular No. 15, dated March 20, 2009, signed by then Secretary Raul M. Gonzalez and published in the Philippine Star (Page B-11) on April 17, 2009, covers the required Implementing Rules and Regulations (IRR) of the RP-Spain TSPA. Francisco Juan Larrañaga’s request for transfer, coursed through the Department of Foreign Affairs, was received by the Department of Justice on June 9, 2009, or almost two months after the effectivity of the IRR.
On the issue on the satisfaction of civil liabilities, Larrañaga was able to significantly and substantially prove compliance with the treaty requirements on civil indemnification. Attached to his formal request for transfer were certified photocopies of Official Receipts Nos. 1557669; 5944706 and 2839446, all dated May 26, 2009; and the original copy of the certification signed by Jeoffrey S. Joaquino, clerk of court, Branch 7, Regional Trial Court, Cebu, which reads:
“This is to certify that according to the records on file with this Office, available and found as of this date, the amount of SEVEN HUNDRED FIFTY THOUSAND (Php750,000.00) PESOS was deposited with his Office, under Official Receipt No. 1557669 dated May 26, 2009, as payment for the civil liability of the accused in Criminal Cases Nos. CBU-45303 and CBU-45304, entitled ‘People of the Philippines vs. Francisco Juan Larrañaga, et. al.’”
Larrañaga’s counsel, acting on media reports, filed with the RTC, Branch 7, Cebu, on Sept. 10, 2009, a “Manifestation” regarding the non-payment of his civil liabilities (a copy of which the DOJ was furnished) reiterating that Larrañaga’s civil liabilities had been fully satisfied pursuant to Rule 39, Sec. 9(a) of the Rules of Court.
—AGNES VST DEVANADERA, acting secretary, Department of Justice, Manila
