Department of Justice (DOJ) Secretary Leila de Lima has issued an advisory opinion on illegal drug couriers which seeks to explain to the public the issues and concerns about Filipinos arrested, detained, and convicted in foreign countries for transporting illegal drugs. The advisory outlined ten (10) points for the consideration of the Filipino public:
? The traveler carries drugs at personal risk.
? The traveler must take full responsibility of his or her
actions.
? Knowledge and intent are not a requirement for drug
trafficking.
? The traveler must be vigilant of the modus operandi of
drug courier syndicates.
? In the unfortunate event of arrest or detention for drug
trafficking, the traveler must have presence of mind
and not resist arrest.
? In the unfortunate event of arrest or detention for drug
trafficking, the traveler should assert legal rights,
inquire about legal remedies, and request consular
assistance from the Philippine Embassy or Consulate.
? The presumption of innocence will always apply.
? The laws of the country of arrest will apply.
? If sentenced, the Philippine Government can be of
limited assistance.
? “Blood money” (reparational payment demanded in
some cultures of a person guilty of a very grave crime)
cannot be paid to erase the liability of a person
convicted of a crime involving illegal drugs.
Secretary de Lima said that it is not a valid legal defence that a carrier of a package did not know that it contains illegal drugs or that there was no intention to commit a crime. Therefore, Filipino travellers are advised to be very cautious when approached by strangers who make a request to carry a package for them.
Secretary de Lima also stated that the Philippine Government can only offer limited assistance to persons arrested for carrying or possessing illegal drugs. The laws of the country of arrest will apply to the traveller, and the Philippine Government cannot interfere with the internal affairs of other countries.