Department Of Justice Issues Advisory on Illegal Drug Couriers

The Philippines Department of Justice (”DOJ”) issued an Advisory Opinion explaining to the public the issues surrounding the recruitment, arrest, detention and conviction of Filipinos caught transporting illegal drugs abroad.

 

As with its previous Advisory Opinion regarding the basic rights of citizens in military/police checkpoints, Advisory Opinion No. 2 is in line with the thrust of the DOJ to take a pro-active stance in criminal justice concerns, including the issue on Filipino illegal drug couriers or “drug mules”.

The DOJ’s Advisory is addressed both to Filipinos who willingly accept offers to become illegal drug couriers and to those who were involuntarily caught in the criminal activities of syndicates through various modus operandi.  In either case, the Advisory lays down basic rules that all Filipinos should bear in mind once they are apprehended abroad on suspicion of transporting illegal drugs.

Below are the ten (10) advisory points issued by the DOJ, couched in simple and straightforward language for easy comprehension by the general public:

1. “Carry at your own risk”
2. Knowledge is immaterial and intent is not a requirement in drug trafficking.
3. Be vigilant of the modus operandi of drug courier syndicates.
4. In the unfortunate event of arrest or detention for drug trafficking, have presence of mind and do not resist arrest.
5. Assert your legal rights, inquire on the legal remedies and request for consular assistance.
6. Presumption of innocence will always apply.
7. The laws of the country of arrest apply.
8. If sentenced, the government can only be of limited assistance.
9. “Blood money” cannot be paid to erase the liability of a person convicted of a crime involving illegal drugs.
10. Take full responsibility of your actions.

The DOJ’s Advisory Opinion No. 2 was issued at a time when more and more Filipinos are being arrested and convicted in various countries allegedly for being drug couriers.  It seeks to wan Filipinos of the legal consequences of being involved, voluntarily or involuntarily, in the criminal activities of illegal drug syndicates.

Philippine Immigration officers barred 34 prospective overseas Filipino workers (OFWs) bound for Thailand

Immigration officers at the Ninoy Aquino International Airport (NAIA) barred from leaving the country 34 prospective overseas Filipino workers (OFWs) bound for Thailand.

In a report to Bureau of Immigration (BI) Commissioner Ricardo A. David Jr., BI airport operations division acting chief Lina Andaman Pelia said the passengers were offloaded last April 7 as they were about to board a Philippine Airlines flight to Bangkok.

Pelia said the passengers were prevented from boarding their flight after intense questioning by immigration officers forced them to confess that they were actually OFWs disguised as business travelers.

“They were offloaded for not having the required clearances and employment permits from the Philippine Overseas Employment Administration (POEA), Pelia said. Immigration Officer Marlene Pedrealba, who heads the NAIA-BI’s Travel Control and Enforcement Unit (TCEU) added that the passengers admitted during the interviews that they were going to work in Bangkok.

“In fact, many of them are former OFWs who had worked in Dubai,” Pedrealba stressed.

It was Pedrealba’s team that interviewed the 34 passengers after they were referred to the BI by the PAL supervisor on duty at the counter where the “tourist workers” had checked-in for their flight.

David commended the TCEU members for their vigilance even as he exhorted them to step up their vigilance and be on the lookout for similar passengers departing in large groups.

The names of the passengers were not divulged as the anti-human trafficking law prohibits the public disclosure of both the traffickers and their victims.

Investigation revealed that the OFWs were going to work for the Super Giant Touring Carnival owned by Apirom Properties Company Ltd., an affiliate of the Big Fun World company based in Dubai and where many of the passengers had already worked.

The passengers were allegedly traveling on a business visa that was provided by a company in Dubai which was supposed to process their work permits in Thailand.

Bureau of Immigration stops 21,000 ‘OFWs’ with tourist visas at NAIA

More than 21,000 prospective overseas Filipino workers (OFWs) were stopped at the Ninoy Aquino International Airport from Aug. to Dec. last year as part of the government’s intensified campaign against human trafficking, the Philippine Bureau of Immigration said.

Immigration officer-in-charge Ronaldo Ledesma said the 21,709 persons who were offloaded from their flights all had tourist visas but intended to work upon reaching their destinations, putting them at risk with abuses, exploitation and even incarceration.

The BI started its drive against the so-called ‘tourist workers’ in August after Ledesma was appointed OIC.

The campaign, which was launched on orders of President Benigno Aquino III and Justice Secretary Leila de Lima, aims to protect undocumented OFWs, most of whom are victims of illegal recruitment and human trafficking syndicates.

Suspected tourist workers are barred from boarding their flights once they fail to show the necessary clearance and employment permits from the Philippine Overseas Employment Administration (POEA).

Lawyer Maria Antonette Bucasas, BI airport operations division chief, said most of the offloaded passengers were bound for traditional OFW destinations such as Singapore, Malaysia, Hong Kong and the Middle East.

Bucasas reported that of the total offloaded passengers, 11,990 were intercepted at the NAIA 1 terminal, 6,397 at the NAIA 3, and 3,322 were at the NAIA 2.

Ledesma said some offloading cases are being investigated by the Inter-Agency Council Against Trafficking (IACAT) headed by Justice Undersecretary Jose Vicente Salazar, who is also undersecretary in charge of the immigration bureau.

“Hopefully, the investigations will result in the successful prosecution and conviction of the illegal recruiters and human traffickers who victimized and enticed these passengers to leave without proper documentation," Ledesma said.

He vowed to pursue without letup the BI’s drive against trafficking not only at the NAIA but in other major ports of the country of as well.

The government’s anti-trafficking drive was prompted by a US State Department report released last year listing the Philippines in Tier 2 of its human trafficking watch list. The US government has threatened to suspend all non-humanitarian aid to all countries with serious trafficking problems including the Philippines.

Philippine Bureau of Immigration bars 4 OFWs disguised as tourists from leaving

Immigration officers at the Ninoy Aquino International Airport barred from leaving the country four prospective overseas Filipino workers disguised as tourists after they presented bogus documents in an attempt to convince authorities that they were financially capable to go on a foreign holiday.

Bureau of Immigration (BI) officer-in-charge Ronaldo Ledesma said the suspected “tourist workers” were intercepted at the departure area of the NAIA 2 terminal last Oct. 6 as they were about to board a Philippine Airlines flight to Bangkok. Ledesma said the female passengers were offloaded after they were subjected to secondary inspection by immigration officers who doubted their purpose in traveling abroad.

The BI chief declined to divulge the names of the women, saying “they are victims of illegal recruitment whose identities need not be publicized.”

He added that the incident should serve as a warning to others who want to work abroad that they should not deal with illegal recruiters.

“The law requires that all Filipino migrant workers must secure proper documentation and clearances from the Philippine Overseas Employment Administration (POEA) to ensure that they are protected while working abroad,” Ledesma stressed.

According to Atty. Arvin Santos, BI airport operations chief, the women when interviewed presented counterfeit credit cards and other questionable documents to prove that they are legitimate tourists.

The passengers also had US$300 each in pocket money and hotel bookings in their port of destination.

“They readily admitted that the credit cards are fake and they bought the same in Bacolod City for P200 each,” Santos said.

He added that the women claimed to be sales representatives of a company called Prince Motor Corp. but could not answer when asked to name the products they were supposedly selling.

A quick Google search yielded no result about this company but there is a similarly named company called Prince Motor Company which was a Japanese automobile manufacturer from 1952 until its merger with Nissan in 1966.