THE Department of Justice’s (DoJ) proposal to apply the Good Conduct Time Allowance (GCTA) rule is “problematic and unfair” to Filipina drug convict Mary Jane F. Veloso, who was incarcerated in Indonesia for almost 15 years, as it requires another six years before she qualifies for the benefit of GCTA and possible parole, her lawyer said.
Edre U. Olalia, one of Ms. Veloso’s legal counsels, said the application of GCTA is unfair to her who has been on death row since 2010 because this requires serving the minimum sentence of reclusion perpetua of 20 years.
“Absolute pardon is within the sole power and prerogative of the [Philippine] President especially if this is based, as in the case of [Veloso], on humanitarian and not legal grounds,” he said in a Viber chat to reporters on Monday.
The lawyer noted the only “condition” requested by Indonesian authorities when they turned over the former domestic helper was for her conviction not to be questioned anymore, and for the Philippines should respect the Indonesian legal and judicial system and process.
“The legal jurisdiction over drug trafficking case remains with Indonesia but the physical custody is passed on to the [Philippine government] under a bilateral transfer of sentenced prisoner agreement,” Mr. Olalia clarified.
The hearing for the criminal cases for qualified human trafficking, illegal recruitment and estafa, filed in the Regional Trial Court of Sto. Domino, Nueva Ecija in May 2015 against Ms. Veloso’s recruiters, who allegedly planted heroin in her suitcase, will be on Feb. 19, 2025, the lawyer said.
“The taking of her testimony originally via deposition in Indonesia jail has been delayed for years because of legal challenges by the accused but which is now settled and superseded by her impending testimony in person in open court,” he added.
A legal expert earlier told BusinessWorld Ms. Veloso was a victim of human trafficking, which should have exempted her from criminal liability under international conventions.
The expert noted this issue was never raised during her trial in Indonesia, leading to her prosecution for drug trafficking when she should have been exempted from criminal liability.
Ms. Veloso was convicted in 2010 for drug trafficking in Indonesia after being caught with heroin in her luggage. However, evidence and testimonies that emerged later suggested that Ms. Veloso was a victim of human trafficking, exploited by a syndicate that used her as an unwitting drug courier.
She received a last-minute reprieve from execution in 2015 after the late former President Benigno Simeon C. Aquino III appealed to the Indonesian government, arguing she could be a vital witness in prosecuting drug syndicates.
She arrived in Manila last Dec. 18 and has since been detained at the Correctional Institute for Women in Mandaluyong City. — Chloe Mari A. Hufana