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No legal aid yet for OFW charged of 1-M rials embezzlement

Monday, September 17, 2012 15:52

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Press Release

17 September 2012

No legal aid yet for OFW charged of 1-M rials embezzlement

Migrante ‘Legal Aid’ campaign file photo

Despite completion of his jail term, an overseas Filipino worker (OFW) in Saudi Arabia is still hoping that he will be provided a local lawyer who will defend himself in court pending the resolution of the private aspect of the 1-M rials embezzlement case filed against him by his employer, according to migrants’ rights group Migrante-Middle East (M-ME).

M-ME regional coordinator John Leonard Monterona said the OFW who was given an alias ‘Cholo’ (his real name withheld) worked as a Salesman for a ready-mix concrete company in Dammam, Saudi Arabia for sixteen years.

On 10 November 2009, OFW Cholo was invited to their company’s main office and was allegedly forced to sign a document in Arabic, which state that he embezzled 1-M rials sales of spare parts of ready-mix concrete equipment.

Per report from the PH embassy in Riyadh, OFW Cholo ‘signified in court that he was forced to sign the said document’, which in the first place he does not know what it’s all about.

After which an embezzlement case was filed against him. His employer is demanding 1-M rials then.

On 1 November 2010, after scheduled hearings, a Saudi court sentenced OFW Cholo to 1 year and 6 months imprisonment and 250 lashes as to the public rights aspect of the case; while his employer demanded 1-M rials, which later raise to 5-M rials, covering the private rights aspect of the case.

“What is appalling on his case is that OFW Cholo was not provided a local lawyer who should represent and defend him in court during hearings. He already completed his jail term covering the public rights aspect,” Monterona lamented.

Monterona said, ‘When we say legal assistance, this is not about jail visitation and attendance of PH embassy officials in case hearings. This is providing a lawyer who could defend an accused OFW in court during hearings.’

Monterona added they came to know that it was on August 2012 that the PH embassy in Riyadh recommended the hiring of a lawyer to assist OFW Cholo in court as the indemnification rose up to 5-M rials from the original 1-M rials.

“We certainly believed that he was a victim of a trumped-up charge noting that he had filed a resignation letter prior to the filing of a case against him and he expected to get his end of service benefits (ESB) after working for 16 years,” Monterona added.

Monterona added he had already conveyed to Department of Foreign Affairs undersecretary Rafael Seguis to look into this case and requested the latter to act on hiring a local lawyer for OFW Cholo.

“As we all knew there is no undersecretary yet for Migrant Workers Affairs of the DFA, thus we coursed through our request to Usec. Seguis who was always been cooperative to us especially cases of distress OFWs and those in jail,” Monterona adding that he had already received a word from Usec. Seguis about OFW Cholo case and the pending request for legal assistance by providing a local-hired lawyer for the subject OFW.

Monterona also cited the case of brothers Edizon and Rolando Gonzales, both convicted for killing fellow OFWs on April 2006 and in Saudi death row, whose case were left unattended despite compliance on the ‘blood money’ requirement and forgiveness by the aggrieved families of their victims.

“OFW Cholo and the Gonzales brothers’ cases, just like the numerous cases of jailed OFWs, once again highlighted the need to improve legal assistance program of the PH government. The DFA’s office of the Undersecretary for Migrant Workers Affairs (OUMWA) must be re-organized into a service-oriented, efficient and effective migrant-serving government body,” Monterona concluded. # # #

Reference:

John Leonard Monterona, regional coordinator

Migrante-Middle East

Mobile Nos. 00974 33 20 5565 / 0063 923 420 0112

2012-09-17 15:43:06

Source: http://migranteme.blogspot.com/2012/09/no-legal-aid-yet-for-ofw-accused-of-1-m.html

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