Press Release: 2011/031

Date: 19 June 2011

Philippine Consulate Lauds DOJ Advisory on Drug Mules

The Philippine Consulate General in Jeddah welcomes the issuance by the Department of Justice (DOJ) on 29 April of an advisory opinion on illegal drug couriers.

In line with the earlier call of the Department of Foreign Affairs (DFA) for a comprehensive, coordinated campaign against illegal drug smuggling syndicates, the Consulate is of the view that the advisory is most timey and helpful in the Philippine Government’s information and awareness campaign on drug smuggling and the victimization of Filipinos as drug couriers.

Justice Secretary Leila de Lima for her part pointed out that the advisory opinion, “seeks to explain to the public the issues surrounding the recruitment, arrest, detention and conviction in foreign countries of Filipinos who are caught transporting illegal drugs,” and outlines ten (10) recommended points that the Filipino public must be aware of, to wit:

• http://pcgjeddah.org/home/templates/yougrids/images/metal/bodyli.gif) 0px 5px no-repeat;">Carry at your own risk.
• http://pcgjeddah.org/home/templates/yougrids/images/metal/bodyli.gif) 0px 5px no-repeat;">Knowledge is immaterial and intent is not a requirement in drug trafficking.
• http://pcgjeddah.org/home/templates/yougrids/images/metal/bodyli.gif) 0px 5px no-repeat;">Be vigilant of the modus operandi of drug courier syndicates.
• http://pcgjeddah.org/home/templates/yougrids/images/metal/bodyli.gif) 0px 5px no-repeat;">In the unfortunate event of arrest or detention for drug trafficking, have presence of mind and do not resist arrest.
• http://pcgjeddah.org/home/templates/yougrids/images/metal/bodyli.gif) 0px 5px no-repeat;">Assert your legal rights, inquire on the legal remedies and request for consular assistance.
• http://pcgjeddah.org/home/templates/yougrids/images/metal/bodyli.gif) 0px 5px no-repeat;">Presumption of innocence will always apply.
• http://pcgjeddah.org/home/templates/yougrids/images/metal/bodyli.gif) 0px 5px no-repeat;">The laws of country of arrest apply.
• http://pcgjeddah.org/home/templates/yougrids/images/metal/bodyli.gif) 0px 5px no-repeat;">If sentenced, the government can only be of limited assistance.
• http://pcgjeddah.org/home/templates/yougrids/images/metal/bodyli.gif) 0px 5px no-repeat;">“Blood money” cannot be paid to erase the liability of a person convicted of a crime involving illegal drugs.
• http://pcgjeddah.org/home/templates/yougrids/images/metal/bodyli.gif) 0px 5px no-repeat;">Take full responsibility of your actions.

Relatedly, Secretary de Lima has expounded that it is not a valid legal defense that the carrier of a package did not know it contains illegal drugs or that he had no intention to commit a crime. Therefore, she advised that Filipinos should always be on-guard when dealing with strangers and when dealing with requests for carrying of packages.

Secretary de Lima has stated, moreover, that the Philippine Government can only offer limited assistance to arrested persons, even as the government cannot interfere in the internal affairs of other countries.

“The best the government can do for you is to assist in protecting your rights and arranging your legal defense. Outside of this, the government cannot insist that you be given a different treatment than that which the laws of other countries provide,” said Secretary de Lima.

For its part, the DFA has called on Filipinos who travel overseas: (a) to be personally vigilant and responsible; and (b) not to agree to carry packages in exchange for money. The DFA further reminds the Filipino people to take fuller responsibility for their actions by always being on guard against such inducements.