01 June 2005 – Foreign Affairs Secretary Alberto G. Romulo today instructed Ambassador Bahnarim A. Guinomla of the Philippine Embassy in Riyadh, Saudi Arabia, to exhaust all legal options under the Sharia law to save the life of OFW Reynaldo “Fahad” M. Cortez, who was sentenced to death for killing a Pakistani taxi driver on 19 May 2002.   Secretary Romulo also assured that the Department will exert all efforts to convince the family of the victim to accept compensation or blood money in exchange for the capital punishment.

Secretary Romulo issued this urgent instruction and assurance upon receiving the report of Ambassador Guinomla on the decision of the Riyadh Grand Court to impose the capital punishment on OFW Cortez after the family of the victim refused to accept bloody money of any amount.

In his report, Ambassador Guinomla recounted the circumstances of the case as disclosed by Mr. Cortez during series of conversations with Embassy officials:  On 19 May 2002,  Mr. Cortez rode a taxicab driven by a Pakistani.  During the course of the trip, the taxi cab driver made sexual gestures and advances toward Mr. Cortez, who was seated beside the driver.  The insistence of the driver for sexual favors prompted Mr. Cortez to pull a knife from his bag.  In the ensuing struggle for the weapon, Mr. Cortez was stabbed twice in his right thigh before he was able to stab the driver three times in the chest.  The driver staggered out of the vehicle, and Mr. Cortez took the wheel and drove away.  The Pakistani driver later died.

Mr. Cortez further alleged that while driving the taxicab, he was bumped by another taxicab driven by another Pakistani national.  Mr. Cortez went out of his vehicle brandishing his knife to scare off the Pakistani driver.  The second taxi cab driver was wounded on his left shoulder and on his hands as he shielded himself from Mr. Cortez’ advances.  Saudi police then began to chase Mr. Cortez for an hour and a half.  He also scaled several residential walls before finally being arrested by Saudi police.

On 22 December 2003, Judge Mohammad Abdul Aziz Al-Sheikh and two other judges of the Riyadh Grand Court found Mr. Cortez guilty of the charges of murder and frustrated murder, and sentenced him to fifteen years imprisonment.  Mr. Cortez then filed an appeal, and on 27 November 2004, the Riyadh Appellate Court reduced his sentence to 10 years imprisonment in support of OFW Cortez’ claim that the alleged crime was an act of self-defense on his part.

On 03 April 2005, the Philippine Embassy reported that the reduction of Mr. Cortez’ sentence from fifteen to 10 years was a result of a final review on the case conducted by the Saudi Supreme Court.  However, the hearing on the victim’s private rights or compensation/blood money had not yet been set by Judge Al-Sheikh.

On 11 May 2005, at the scheduled court hearing on the private rights aspect of the case, Judge Al-Sheikh asked Mr. Naim, brother of the deceased, if his family is willing to accept blood money in the amount of 100,000 Saudi Rial.  Mr. Naim rejected the offer of blood money and declared to the court that his family will not accept any amount of money.  This effectively meant that they were seeking the maximum penalty of death to be meted out to Mr. Cortez.

On 30 May 2005, the Saudi court promulgated its decision on the private rights aspect of Mr. Cortez’ case, which was that the death penalty be meted out to Mr. Cortez.

Ambassador Guinomla stressed that Embassy representatives attended the court hearings and held meetings with Mr. Cortez regarding the progress of his case.  He added that Embassy representatives immediately requested a copy of the court decision of 30 May 2005 for confirmation, and filed an appeal with the appropriate court as the decision was not yet final and executory.

With this development, Secretary Romulo directed Ambassador Guinomla to exert all means within Saudi Arabia’s Sharia laws and legal procedures to save Mr. Cortez from capital punishment.  In line with this instruction, Ambassador Guinomla said he is seeking the services of a Saudi lawyer in pursuing the appeal of Mr. Cortez.

Secretary Romulo, through the Office of the Undersecretary for Migrant Workers’ Affairs, also directed the Philippine Embassy in Islamabad, Pakistan, to initiate talks with the family of the deceased so as to convince them to accept the blood money instead of seeking the death penalty for the accused.  END
 

/jay