Case Analysis - by Tas Espiritu 

Jamil Mabanto’s case should never be considered a murder case. The medical report stated that the death of Benjamin Cruz is of natural cause. Their verbal argument could have triggered the heart attack of Benjamin Cruz but there was no evidence of physical harm on the late Benjamin Cruz's body.
 

The siblings of the late Benjamin Cruz are asking for a 90,000 Saudi Riyals to forgive Jamil for the death of Benjamin. 
 

Maria Paz, the sister of Benjamin told the attendees in the negotiation that she learned that specific amount from a Saudi friend. Her statement is unbelievable. She might have demanded for that amount because that is the sufficient amount to their current personal needs.
 

Benjamin Cruz was not married when he died. His parents are all dead. He only had his brothers and sisters who also have their own families. We believe that a brother or a sister can only be considered a beneficiary if the dead person has a son or a daughter who is currently raised by his brother or sister. 
 

90,000 Saudi Riyals is too much for Jamil to pay. He lost his income three years ago and his wife and children had to survive from the help of their good friends.  
 

This is not a murder case and it is not right to call Jamil a murderer. This case can be likened to a traffic accident caused by a driver which led to another driver's death. The family of the dead driver has the right to ask for blood money from the driver who had caused the accident. This can also be likened to a work-related accident caused by one worker which led to another worker's death. Blood money for traffic accidents can be shouldered by Motor Insurance and for Work-Related Accidents can be shouldered by GOSI. But in Jamil Mabanto's case, if it is proven that the verbal argument had caused the death of Benjamin then he might be obligated to pay the blood money. 
 

The blood money computation suited for this case is like that of GOSI. If Benjamin Cruz was 50 years old and his salary was 800 SR then this may be the computation. 
 

Blood money = 800SR X 74

Blood money = 59,200SR 
 

Who will receive the blood money? Are the siblings of Benjamin the rightful recipients?  
 

When Benjamin's dead body was still in Riyadh, the family told the Embassy that the employer had told them that Benjamin had a broken arm. The family never mentioned the broken arm when Benjamin's body arrived in Philippines.
 

The Cruz family claimed that the medical report from Saudi Arabia is not true. They believe that the 'natural cause of death' written in the medical report was faked to hasten the repatriation of the dead body. They claimed that their brother's eyes were bulging and that there were some bruises in his chest. The family must know that it is not a practice in Saudi Arabia to alter the medical records of a dead person. Muslims have high respect for the dead. Several factors like temperature, time and distance of travel might had caused the bulging of Benjamin's eyes. The bruises in the chest could be a result of the CPR.  
 

If the Cruz family really wanted justice for their brother, they should have asked the help of the experts to examine the body of their brother when it arrived in Philippines.  
 

Jamil Mabanto strongly believes that he is innocent and he does not want to pay any amount. He said that it is not fair for him to be called a murderer because he never killed Benjamin Cruz. 
 

Jamil was already a responsible Muslim before the incident had happened. He became more dedicated in Islam when he was put to Jail. As a matter of fact, he conducts "Dawa" to Filipino prisoners and successfully converting them to Islam. 
 

Neglect of Duty in the Philippine Embassy and in the Department of Foreign Affairs 
 

The Philippine Embassy and the Department of Foreign Affairs Philippines neglect their duties and responsibilities in helping their nationals. They failed to follow-up the case in court because they didn’t secure a wakalah (Special Power of Attorney) from either the Mabanto or the Cruz Family. 
 

The Philippine Embassy and the Department of Foreign Affairs failed to investigate about the real case. They also failed to mediate or negotiate for the early resolution of this case.  It was only in May 13, 2008 that the embassy called both the Mabanto and the Cruz Family for negotiation and mediation. 
 

This case had been resolved early if they had the wakalah earlier. Why it took them almost three years just to secure an SPA (wakalah)? 
 

The medical report is a very important document to prove Jamil’s innocence. Does the lawyer or the court have a copy of that document? 
 

The people in the Philippine Embassy and the Department of Foreign Affairs told us that their main concern is the family of Benjamin Cruz because they have the wakalah. One officer said that the Embassy and DFA will act as lawyers for the Cruz Family. Poor Jamil, he can never expect any help from his own people.  
 

It is too sad to think that the Philippine Embassy and the DFA always blame the justice system of Saudi Arabia in televisions and print media. In reality, it is the embassy and DFA’s  negligence that caused the sufferings of their own nationals. 
 

Case Study: 

Pedro Mabanto and the Family of the late Benjamin Cruz 
 

Brief History: Pedro "Jamil" Mabanto and the Late Benjamin Cruz were working in Saudi Catering and Contracting. The two were living in the same accommodation inside the Aramco Compound, Saad Al Wasiyah. In June 7, 2005, Mr. Cruz died. Jamil Mabanto was arrested. As of this writing Jamil Mabanto is languishing in Al Malaz Jail in Riyadh. 
 

Jamil Mabanto's Account: 
 

Jamil admitted that there was a verbal argument between him and the late Benjamin Cruz. They stopped arguing when the late Benjamin Cruz had hard time breathing. Jamil hurriedly went out of the accommodation to ask for help from their co-workers and to call the medical clinic using his mobile phone. The medical staff arrived and applied first aid (CPR) on Mr. Cruz. An ambulance arrived and brought Mr. Cruz to the hospital. Jamil felt with relief and went back to his room. He noticed that a blood on his shirt. Jamil hurriedly rushed to treat the wound that he had just discovered. He believed that he unknowingly hit the protruding frame of the doorknob when he rushed outside to call for help. But the people in the vicinity thought that there was a fight between Jamil and Benjamin. 
 

(Note: according to the Medical Report, that Benjamin Cruz died of natural cause; no wounds, no broken bone and no sign of assault) 
 

Manila Department of Foreign Affairs (DFA) Statements and Reports received by Jasmin Mabanto (wife of Jamil)  
 

One of Embassy’s reports stated that according to Art Diaz; that his friend Jamil Mabanto asked him to tell the embassy that he never killed Benjamin Cruz and that Benjamin Cruz died of heart attack. 
 

It is also in their report that according to Marina Cruz (sister of Benjamin) that the employer mentioned to her that Benjamin Cruz had a broken arm and that Jamil was also treated with some injuries. She also stated that the employer told her that Jamil brought Benjamin Cruz to the hospital. 
 

It is also in one of their reports, that the DFA advised the Philippine Embassy in Riyadh to disburse 8000US Dollars to hire the services of a lawyer for Jamil Mabanto. 
 

It is not written in any of their reports that there is a medical record that shows Benjamin Cruz died of natural cause. The Philippine Embassy has a copy of that Medical Report when the body of Benjamin Cruz was repatriated to Philippines. 
 

It is not written in any of their reports that the embassy conducted investigation on the premises nor they tried to talk with the employer. Most of their information comes from second hand information.  
 

Jasmin Mabanto’s meeting with Department of Foreign Affairs (DFA) Manila  
 

May 8, 2008 - Ali Junaid, a Filipino lawyer of DFA met with Jasmin Mabanto and Center for Migrant Advocacy (CMA) representative Annaliza Navarro. He said that according to their records, the family of Benjamin Cruz visited their office three times already.  
 

Jasmin the wife of Jamil, told Ali Junaid that she also had visited the DFA a number of times but it seems that the DFA never did anything to resolve this case. 
 

DFA Officer Ali Junaid told CMA and Jasmin that the DFA will only act as mediator since this case involves parties which are both Filipinos. 
 

CMA representative Annaliza Navarro then asked what negotiations the DFA made in three years; to bridge the gap between the Mabanto and the Cruz Family. Officer Junaid answered that he can’t discuss with the Cruz family about the forgiveness/blood money because of the sensitivity of the case and because of the outburst of emotion when family visited the DFA. 
 

CMA representative Navarro asked DFA Officer Ali Junaid why it took almost three years before a court hearing. Officer Junaid answered that the Saudi Court required the family of Benjamin Cruz to attend the hearings. He also added that the family already provided them a Special Power of Attorney. The Special Power of Attorney gives power to the Philippine Embassy in Riyadh to represent in behalf of the family Benjamin Cruz.  
 

CMA representative Navarro also asked DFA Officer Ali Junaid if it is possible for CMA and Jasmin to talk or visit the aggrieved family. Officer Junaid answered that he had to call the aggrieved family first. He also added that he will try to set a schedule for the family of Benjamin Cruz and of Jamil to meet in DFA (for the first time). 
 

Meeting with Nestor Cruz (Brother of Benjamin Cruz)  
 

May 9, 2008 - Jasmin Mabanto and CMA representative Anna Navarro went to Novaliches, Quezon City the only known address of the family of Benjamin Cruz. It took them hours to locate the place because the DFA never provided them the exact address. 
 

With the help of the Baranggay Chairman, they were able to locate the house of Mr. Nestor Cruz. Nestor is the brother of Benjamin. 
 

Jasmin asked Nestor if they still felt angry at the Mabanto family. Nestor said their family had already accepted the death of Benjamin. 
 

Jasmin explained that she had long wanted to talk to Benjamin’s family. For their part, the Cruz family was already willing to settle with the Mabanto family after accepting their brother’s fate.  
 

Anna and Jasmin also asked Nestor if they already have a copy of the medical record, which states that their brother died from natural causes. 
 

The family doesn’t believe that Benjamin died from natural causes. They explained that when they saw Benjamin’s body, his eyes were bulging and he had bruises on his chest. They said it looked like he was beaten with what could have been a lead pipe. He also had no heart problems, so it was impossible that he died from heart attack. He said that the medical record was just written like that to hasten the repatriation of their brother's body. 
 

Jasmin asked about the blood money. Nestor answered that it amounted to 600,000 to more than 1,000,000 Pesos. He explained that the DFA showed him the brackets for such cases. He couldn’t explain further. Nestor also said that if they were to require a given amount for blood money, they hoped that it will not be too much of a burden to the Mabanto family.  

While talking to Nestor, Paz called his cell phone. Paz confirmed that DFA had scheduled a meeting with the Mabanto Family on May 13, 2008. 
 

Philippine Embassy Report on the Higher Court  Hearing - Riyadh  

May 10, 2008 - The Philippine Embassy in Riyadh sent a report to Center for Migrant Advocacy about the said Court hearing. 

According to that Report: 

The Philippine Embassy representatives waited for 2 hours outside the chamber of Judge Abdulaziz Al-Sheik. 

During the hearing, Philippine Embassy representatives were asked by Judge Al-Sheik whether the family of the victim had executed a Special Power of Attorney (wakalah). Embassy representatives immediately replied in the affirmative and presented the said 'wakalah' to Judge Al Sheik. 

After Judge Al-Sheik examined the said documents he suggested to Embassy representative to advice the family of the late Benjamin Cruz to issue an affidavit stating their demands, either to forgive the accused or to ask for blood money. 

Judge Al-Sheik then decided to set the hearing after 3 months or earlier as soon as the said documents are available. 

Negotiation of Mabanto and Cruz Families in Department of Foreign Affairs Manila 

May 13, 2008 - Attendees were Maria Paz Cruz (sister of Benjamin), Jasmin Mabanto (wife of Jamil) and Director Cresente Relacion of Department of Foreign Affairs. 

Director Relacion of DFA informed Jamin and Maria Paz about the result of the court hearing on May 10, 2008. Director Relacion told them that the court required the aggrieved family to write a letter stating their demands.  Director Relacion then asked Maria Paz what the family needs. 

Maria Paz said that they will ask 90,000 Saudi Riyals for a blood money. She explained that a Saudi told her that 90,000 SR is the amount for a Filipino to Filipino case.  

Director Relacion asked Jasmin if she had something to say to Maria Paz.

Jasmin told Maria Paz that she is asking for letter of forgiveness so that his husband will be freed. 

Maria Paz answered that they are willing to forgive and it will be a burden to their conscience if Jamil will be beheaded. She added that there is no need for them to talk about forgiveness and that they must only tackle the blood money.

Jasmin asked if the aggrieved family could lower the amount. Director Relacion answered that the price is reasonable for Murder Cases. 

Director Relacion then told Jasmin to look for money as soon as possible so that the aggrieved family will issue a letter of forgiveness. 

Meeting with Jasmin and Center for Migrant Advocacy Office  

May 13, 2008 (Afternoon) - Jasmin told CMA representative Annaliza Navarro of what transpired in her negotiations with the Cruz family. Jasmin was frustrated because the people in DFA seem to believe that her husband really killed Benjamin Cruz. Though frustrated, she told CMA that she will submit to the aggrieved family's request just for his husband to be with her and their children. 

Annaliza Navarro then called Officer Ali Junaid if they know that there is a medical report that states that the death was of natural cause. Ali Junaid answered he never heard nor see such report. Annaliza then informed him that the Philippine Embassy in Riyadh has a copy of that medical report. 

TASio (May '08 - KSA)

The Medical Reports - by TAS  Espiritu

We always mentioned the word "Medical Reports" in our study for the case of Jamil Mabanto.

- Two years ago, Jamil was told by Vice Consul Israel (Head of Assistance to Nationals Section of the Philippine Embassy) that the Medical Reports stated that the death of Benjamin Cruz was of natural cause. This gave hope to Jamil that he will be freed as soon as the criminal investigation is finished. There were two medical reports where the second one was for confirmation purposes.

- On the other hand, the Family of Benjamin Cruz does not believe the Medical Report. They claimed that the Medical Report was faked to speed-up the repatriation of the remains of their brother. Filipino expatriates in the kingdom know that this is not a practice in Saudi Arabia to alter medical Records. 

- Ali Junaid the officer in OUMWA Manila never knew the existence of the Medical Report. He just learned about the medical report when CMA Officer Annaliza Navarro told him about this. It could also be that they pretended that they did not know. It was DFA's failure that they didn't try to bridge the gap between the two parties, the Mabanto and the Cruz family. Now, they will try to hold the evidence that might point the blame to DFA why a Filipino is languishing in Saudi Jail; the Medical Report.

- May 2008- At first, Vice Consul Reyes (Head of ANS Philippine Embassy - Riyadh) never knew about the existence of the medical report. Later, Vice Consul Reyes called and he confirmed that he had found medical report. He also told me that it took him almost the whole day to find the said document. The document was placed in the files for repatriated remains. We told him that the document must be in the hands of the officer (Rey Banda) who is handling the case of Jamil. I asked Vice Consul Reyes to read the translation of the medical report for me. Both the Medical reports stated that Benjamin Cruz died of Natural cause.

-  May 10, 2008, Abu Tariq (An Independent Saudi Human Rights Advocate) and I went to the Higher Court office to attend the hearing of Jamil Mabanto’s case. Jamil was not there because talabat was not issued. Rey Banda maybe had failed to inform the Malaz Prison. Abu Tariq went to the court. He was told that the court needs to know the demand of the Cruz Family. Later, Rey Banda, Sultan Alawi and Jerome (new guy) arrived. They waited for more than an hour before they approached the judge. After 15, minutes they went out. Abu Tariq and I approached them Rey Banda then said “Sino to?” pointing his finger to Abu Tariq. I told him that he is the wakil (granted with the special power of attorney) of Jamil. That is the reason why we know Jamil’s case because Abu Tariq has the SPA.  Unlike the embassy staff who had just granted the SPA from Benjamin Cruz family which made them to know the status of the case of Jamil on that day only.

Abu Tariq and I left the Higher Court Building in Riyadh. Vice Consul Reyes called and informed me that He gave a copy of the medical reports to Rey Banda. He told me that he had instructed Rey Banda to give the medical report to us. I told him that I met Rey Banda but he never gave us anything.

- A week after, Abu Tariq and Dionesio Mabanto (brother of Jamil) went to the Philippine Embassy to ask for the Medical Report. They were denied and told that the lawyer already had the medical report and if Dione wants the Medical Report then he must ask for these from lawyer.

- So I called Ambassador Villamor and here is our 30 minute conversation.

There were a lot of topics inserted in our conversation but we only have to write our conversation with regards to that medical report. I have to translate our conversation from Bisaya to English.

1. Sir, the Family of Jamil wants to see the Medical Report.

- It is already in the hands of the lawyer and if they want then they can ask Jamil's lawyer for that.

2. Sir, Abu Tariq told me that he asked the lawyer if he has a medical report. Abu Tariq said that the lawyer told him that he has no copy of that Medical Report. However, Consul Israel assured me that he provided all documents to the lawyer before he was transferred to the passport section.

- That is what I told you, it  is already in the hands of the lawyer. If the family of Mabanto wants to have a copy of that document then you should ask the lawyer.

3. Sir to recall, this is not original lawyer of Jamil, it was then turned-over to another lawyer. The medical report might be in the possession of the first lawyer.

- I told you, it is with the lawyer and in the court. Who is this Abu Tariq? We are not allowed to interfere that is why we hired a lawyer. Jamil might be beheaded if you will also interfere.

4. Sir we are not interfering we are just asking for a document that the family of Jamil wants to see. Jamil might be beheaded if the embassy won't give us that medical report. What if the court has no copy of that report?

- It's a court and don’t you think that they will not ask for that medical report if they make decisions? This is a murder case and that the judge should ask for that medical report.

5. Sir, here we have to submit the documents and proofs. In Jamil's case, there are two witnesses who claimed that Jamil and the late Benjamin had a fight. This must never be a murder case if we were able to present that medical report to the court.

- Then we have to wait for the court decision, this is already in the Primary court, I mean in the higher court and we have to wait for the decision.

6. Sir, it should not be like that.

- What?

7. Sir, the Higher Court you mentioned is sometimes called the Court of Cassation, the Court of Appeals or the Court of Reconsideration. From these names alone, it is obvious that there is already a decision made in the Lower Court (Prosecutor's office) that you mentioned. I understand why the embassy has no knowledge on this case because you had just secured a wakala from the Cruz family. In May 10, 2008, you were able to talk to the judge and learned what the court needs; because you have the wakala. My question is why it took you almost three years to have wakala from either party. You could have known the processes of this case or the decision in the lower court. If you had just secured the wakala earlier

- I told you that there is already a lawyer. The Philippine government had paid for that lawyer for Pedro Mabanto.

8. Sir, yes you had provided a lawyer for Jamil Mabanto. Yes the Philippine government paid for the lawyer fees. Is it not also the responsibility of the Philippine government being the payer to monitor and follow-up this case with the lawyer? There are so many lapses in the part the officer of the Philippine Embassy who handled Jamil's case. Sir, we are not like any other groups who do not validate cases such as this. We are not like other groups who just want to attack the Philippine Embassy. We are not hungry for publicity in the media like other groups who just want their names printed without even validating the truth. For the longest time sir, you should have trust us that our only main concern is for the right and welfare of our nationals. I can assure you that this conversation will never be printed in the media.

- Yes what we had tackled will remain here.

9. (Silent : Though, I have to tell to my fellow advocates regarding this conversation because I am tasked to talk to you.)

10. Sir, for example if we will ask Jasmin Mabanto to visit DFA and ask a copy of the medical report then the DFA will ask the Philippine Embassy to provide us. Are you willing to provide?

- If the DFA Manila will advise us to provide you a copy of that medical report then we have to follow their orders.

11. Sir, I am hopeless with what the DFA Manila is doing. It is their responsibility to act as reconciliation committee between the Cruz and the Mabanto family. Why the meeting between the families only happened on May 13, 2008? The Cruz family even thought that the medical report was faked to speed-up the repatriation. They even told Anna and Jasmin that the family believes that Benjamin Cruz was mauled by a lead-pipe by not only one person. They should have asked the help of the experts.

- It is not part of the government to conduct an autopsy of the remains.

12. Exactly, what I mean to say is that DFA should try to clear this kind of thinking from the Cruz family unless they have other agenda. The only agenda I can think of is Money.

- What they do in Manila should never reflect to us here in Riyadh.

13. (Silent: Coordination between DFA and every post is very important especially in cases such this. The Philippine government should act not only as mediator but also to reconcile both parties.)

14. Sir, for example during the final hearing the side of Jamil will mention the medical report. If the judge will ask for a copy of those reports; will the embassy provide them the medical report?

- Well, it depends upon the consequences on the other party.

15. Sir, if we have to choose between the "consequences on the other party" Versus "Truth, Fairness and Justice", to which side are we?

- I still have to talk to consul Israel because I really do not know if there is really a medical report.

16. Sir, Consul Israel told me a year ago and vice consul Reyes also told me two weeks ago about this medical reports.

- That is why I have to talk to Consul Israel tomorrow.

17. Okay sir, thank you so much. (Silent: The reason I called was just to know the reasons why the Embassy made this medical report such a big deal. Now, I understand.)

Jamil called the Ambassador and ask for the medical report. The good ambassador said no. Jamil asked the good ambassador if he has the right to have a copy of that medical report. The ambassador answered “It’s already with the lawyer". Jamil then informed the ambassador that for three years that he is in Jail, he was not able to see his lawyer. (The ambassador was silent).

Then Jamil asked for the medical report again. Ambassador then answered “It is already with the lawyer Jamil”

June 2008 - Ali Junaid was asked by Jasmin about the medical report. He said that they will ask the Cruz Family first. Later, she told Jasmin that the Cruz Family does not want to give the medical report.

Director Relacion told Jasmin that if they will provide the medical report. The court might ask Jamil how they got the medical report.

Two medical reports state that the death of Benjamin Cruz was of natural cause. Why the Embassy and the DFA deprive a very important document to Jamil and his family?

It is so unfair for Jamil and his family to receive such statements from some people from our Embassy and DFA.

“Tanggapin mo na yan, maliit na nga yan kesa ibang murder cases”

“Buti ka nga nagpatawad ang pamilya ng napatay ng asawa mo. Meron nga ditong isang kaso na ayaw talaga patatawarin ng pamilya yong boyfriend na pumatay sa anak nila."

“Pumunta ka sa Malacaniang at magmakaawa para tutulungan ka na makahanap ng sponsors.

Did the people in the DFA and Embassy really think that Pedro Jamil Mabanto is guilty? Are they hiding something?  Are they afraid to provide the Medical Report to Jamil because they will be blamed for their negligence?  Or they just want a share of the money. Love of Money makes people forget about Truth, Fairness and Justice.

ACQUITTED!!!!   (Email thread from the first hearing to Acquittal )

Date: Tue, 5 Aug 2008 09:12:04 -0700 (PDT)
From: "Joseph Henry B. Espiritu" <espiritu@yahoo.com>
Subject: For Press Release - ACQUITTED : Jamil Mabanto Case
To: Office of the President <corres@op.gov.ph>, cos@ovp.gov.ph, ocs@ovp.gov.ph, mb_villar@yahoo.com, "Hon. Jinggoy Estrada" <senjinggoyestrada@senate.gov.ph>

Press Release (as requested by Mr. Jamil Mabanto)
 
August 4 - Grand Court Hearing for Jamil Mabanto.
 
1. Present were:
 
1.1. Jamil - (the accused), who defended himself in court.
He is empowered; he knows how to speak Arabic. He understands the laws of Saudi Arabia. He knows the Quran.
 
1.2. Attaché Jerome Prias - Embassy representative who acts as observant of the case and to tell the court that the family of Benjamin Cruz will already informed about the 55,000SR amount.
 
1.3. One translator from the embassy who acts as translator for Attaché Jerome Prias so that the latter may understand the proceeding. Jamil opted not to use any translator and he requested that he would defend himself in court because he trusts himself that he could convey his message well to the judge more than anyone.
 
This is what happened in court as relayed to me by Jamil.
 
2. Decision of the Judge -
 
2.1. Acquitted!
2.2. No Jail Terms
2.3. No Lashes
2.4. Jamil has to pay a blood money of 55,000SR though
2.5. Jamil was advised by the judge to go fasting for two months.
 
3. Other Details
 
3.1 Attache Jerome Prias confirmed to the Judge that he already informed the Cruz Family that the amount is
only 55, 000SR (and that this is not a murder case but an accident).
3.2    A week before the hearing, we asked VC Reyes if the Cruz family was already informed that only 55SR should be paid.  VC Reyes told me that they already sent a message to OUMWA and that OUMWA will just relay the message to the family. I told him that the judge requested Jerome to just call. No need for any letter. Jamil told the same thing to Jerome Prias
  
4. Discussion with Jamil
 
4.1. Jamil asked me why he has to pay a blood money  when the verdict is acquittal, no jail term and no lashes .
 
4.1.1- I told Jamil that he is acquitted for the murder case filed against him. He is acquitted from Qatl Al Amd (intentional) OR Qatl al Shabi Al Amd (unintentional) whichever was the finding in the lower court and in the criminal investigation.
 
4.1.2- But he has to pay for the blood money because he confessed during the Criminal Investigation and in the Lower court that there was a verbal argument between him and Benjamin Cruz before the latter died.
 
4.1.3- There is no Jail Term, No Lashes because it was found out to be an accident and because of the "NATURAL CAUSE OF DEATH” written in the Medical Reports.
 
4.1.4- Take note that in Article 210 of the Law of Criminal Procedure, it was stated that any acquittal is subject for moral and material compensation to be filed by Jamil. The same thing like Joselito Alejo did and Ricky Cebanico will do.
 
4.2. Regarding the Fasting of 2 months. There is no need for me and Jamil to discuss these to each other.  Still, I have to discuss it here so that our readers will understand.
 
4.2.1 In Surah An-Nissa (5): 92 - the 4th book of the Holy Quran - it is stated:  It is not for a believer to kill a believer except by mistake;  and whosoever kills a believer by mistake, it is ordained that he must set free a believing slave and a diya (bloodmoney or compensation)  be given to the deceased’s family unless they remit it. If the deceased  belonged to a people at war with you and he was a believer, the freeing of a believing slave is prescribed and if he belonged to a people with whom you have a treaty of mutual alliance, compensation (blood-money - Diya) must be paid to his family, and a believing slave must be freed. And whoso finds this (the penance of freeing a slave) beyond his means,  he must fast for two consecutive months in order to seek repentance from Allâh. And Allâh is Ever All-Knowing, All-Wise.
 
4.2.1.1 Believer in this verse means a Muslim.
 
- Jamil is a Muslim and he showed to the judge his identification card to prove that he became a Muslim before the accident.
 
- On the other hand   Benjamin Cruz was not a Muslim and supposedly this verse from the Holy Quran is not applicable to him or to his aggrieved family. And yet the judge, still ruled that Jamil will pay a blood money to the Cruz Family.
 
-Jamil is a good Muslim, a muttawa who conducts dawaa.  and the Judge sees this from the glow of Jamil's face that he is a good Muslim. He was advised by the judge to fast for 2 months. Take note that fasting is the same fasting we do during Ramadan where we have to eat, drink at night and fast at daylight. Fasting is neither a punishment nor compulsory. It is voluntary devotion of a Muslim.
 
Here you will find out that the Judge is fair regardless of beliefs because he still considered Benjamin Cruz as a believer and ordered Jamil to pay for the bloodmoney.
 
5. Bloodmoney
 
5.1- I agree with Jamil not to ask any help from any Philippine Government agency with regards to bloodmoney.
5.2- The embassy and DFA had caused more emotional pain to the Mabanto family because of their negligence and for being tactless.
5.3- So far, the pledges amounted to 35,000SR from Jamil's Muslim friends. Inshallah, these will be completed this week.
5.4- I agree with Jamil that he will only accept help from Sen. Jinggoy Estrada since the latter only cared to read and acknowledged our emails.
 
 6. Looking Back and Hope to correct the mistakes
 
6.1. This case should have been finished if our good embassy just did their obligations 3 years ago.
6.2. Officials from our embassy, the DFA-OUMWA; had no knowledge on the real case.  .They resorted to make up stories, wrong reports and offered wrong resolutions; which had caused more emotional pain to the Mabanto Family and also to the Cruz family. Please check their reports in the attached binder1.pdf file
 
6.3 Jamil was already adjudged as guilty by the people who ought to help him.
 
"Maliit na nga yan.." Tanggapin nyo na yan, buti nga pinatawad ang asawa mo sa pamilya ng napatay nya."
 
"Pumunta ka sa Malacaniang at magmakaawa para matulongan ka ng presidente."
 
"Nasa lawyer na ang medical report, kung gusto kang makakuha  di hingin mo sa lawyer?
 
6.4 The blood clot found inside the head of the late Benjamin Cruz was surely an aneurysm caused by the blood pressure during the heart attack. There were neither bruises nor wounds in the surface of the head. If the embassy and OUMWA just gave the medical report to Jamil or his family then Jamil might wont pay any blood money at all.
 
6.5- Joselito Alejo invited me for lunch today and he told me that aside from the wrong reports, the embassy and OUMWA intentionally do this “for safe play”. He reiterated that in the embassy’s reports about his case,  they wrote murder plus drug selling. They intentionally put the drugselling to easily wash their hands if in case Joselito would be beheaded. And they did that for almost all Qatl cases.
 
7. Call to Action
 
Thanks to Senator Jinggoy Estrada, at least his staff acknowledges the receipt of our emails.
 
The people in the Philippine government always tend to cover their mistakes rather than correcting their mistakes.
 
We complained about one official in the Embassy, the ambassador defended that official. We complained in OUMWA because our embassy's insensitivity they would defend the embassy. We complained in the Office of the President and Vice President and Senate President our woes just fell in deaf ears.
 
To the Philippine Government, Why do you always want to give us a hard time when our intention is just to help? We can do this as a team. Why don’t you swallow your delicate egos (for a while) if ever we have valid suggestions to offer?  Do not pretend that you know everything especially in the laws of Saudi Arabia . (because you yourself know that you have no knowledge at all)
 
Yes there are few officials in the Philippine Embassy and OUMWA who religiously do their job. Unfortunately, the whole department is in a bad light because of these negligent and insensitive officials.
 
Punish these negligent and insensitive officials. Correct the mistakes instead of trying to cover these mistakes.
 
Regards,
Joseph
Date: Tue, 22 Jul 2008 13:59:54 -0700 (PDT)
From: "Joseph Henry B. Espiritu" <espiritu@yahoo.com>
Subject: Very Discreet : Updates Jamil Mabanto Case
To:

Mga ginagalang na nasa katungkulan,
 
Ito po yong updates sa kaso ni Jamil Mabanto. If kung nagbasa kayo sa mga
pinadala namin na files sa nakaraang mga emails ay sana malalaman nyo na
lahat ng nasa case study natin sa kaso ni Jamil Mabanto ay tama at totoo.
 
1. Walang lawyer na nag-attend sa kaso ni Jamil . Si Jamil ang nagdepensa
sa kanyang sarili dahil marunong sya mag-arabic
 
2. Naibigay din sa wakas ng ating embahada ang medical reports. Maraming
salamat kay vice Consul Reyes at kay Attache Jerome Prias. At dahil sa
medical report na yon ay nababago kung ano man ang hatol sa lower court.
 
3. Ang computation ng blood money ay 55,000SR. hindi malayo sa computations
natin sa ating case analysis. At ang sabi ng judge ay ito ang amount nakasaad
para sa mga ganitong kaso.
 
Ito ay isang pagpatunay na dahil sa medical report ang kaso ni jamil ay naging
accident.
 
kapag ang judge ay sya na ang magbigay ng specific amount or punishment
para sa isang kaso, ito ay tinatawag na tazir or tinatawag na sa atin na common
law sentencing.
 
Kung wala yong medical report at yong statement ng dalawang witnesses ang
pagbasehan ay malamang qisas ang punishment ni jamil.
 
ang qisas naman ay nasa pamilya ng biktima ang kapangyarihan kung magkano
ang hihinging pera para sa blood money at kung hindi magkasundo ay pwede
hilingin ng pamilya ng biktima ang pugot ulo.
 
Nakita nyo na kung gaano kahalaga ang medical report na yon? Kung napaaga
at hindi ora-mismo na nasubmit ang medical report ay malamang acquitted na si
jamil noon pa. Kahit noong time na hiningi na lang ng kapatid ni jamil ang medical 
report ay kung binigay na lang sana kaagad.
 
Pero pasalamat pa rin ako kena Vice Consul Reyes, Attache Jerome Prias at
isang kababayang maranao dahil sa kanilang pagmamalasakit.
 
Pasalamat ako kay Jamil dahil sa kanyang kaalaman at sa kanyang pakipaglaban
sa kanyang karapatan.
 
Ang hindi ko makalimutan kung papano kami pinahirapan ng mga tao na pabaya
para lang hindi malalaman ang kanilang kapabayaan. katulad ni Director Relacion,
ni Rey Banda.
 
Hiniling ko po sa inyo na basahin nyo ulit ang nakalagay sa aming case study
at yong paghihirap nina jamil at kanyang pamilya para makamit ang hustisya.
 
ito lang po muna, hiniling ko na basahin nyo ang nakadetalyeng kaganapan sa
baba at kung mabuti ay basahin nyo ulit ang mga naka-attach na files. Maraming
Salamat.
 
July 19, 2008 Hearing - Sequence of Events-
 
7:00 AM
 
- Tumawag si Jamil at nagiwan ng message sa answering machine na tuloy ang hearing
 
- I texted vice consul reyes, na may hearing at kung pwede ipresent na nila ang medical
report sa court.
 
- Called abu tariq na present si Jamil sa hearing and informed him na i will be there. I know
may sakit sya pero still I asked him kung pwede ba sya maka-attend ng hearing. Sabi nya
pipilitin nya.
 
8:30 AM
 
- Vice consul Reyes called at pumayag na daw si amba na ibigay na ipresent ang medical report sa court.
 
- Pasalamat naman tayo kung ganun. Pero sana sa susunod he must not give us a hard time. If napaaga pa yong medical report na naibigay ay baka mapawalang sala pa si jamil.
 
9:00 AM
- Abu Tariq called na papunta na sya sa korte.
 
9:10 AM
 
- I left the office to attend the hearing
 
9:30
- I met abu tariq in the Grand Court. Pumasok kami sa korte at nakita ko si Jamil. We
looked for the lawyer pero wala doon. The hearing will start in 30 minutes.
 
10:00
- Nakaupo kami ni Abu Tariq sa labas para abangan kung sino man sa taga embassy ang
mag-attend ng hearing ni Jamil
 
10:30
- Dumating si Attache Jerome Prias at isa pang officer. I asked Jerome about the medical
report to check if totoo na natural cause ang pagkamatay ni Benjamin.
 
- Abu Tariq read the report and confirmed na walang foul play at sinabi atake sa puso pero
may blood clot daw sa ulo ni yumaong benjamin. Wala namang sugat nor pasa nor bukol. I
told abu tariq na baka aneurism dahil inatake sa puso.
 
- Pumasok na sina Attache Jerome sa sala ng judge at ibinigay ang medical report sa sheik.
at nagumpisa na ang hearing.
 
11:30
 
- Sabi ko kay Abu Tariq, mauna na ako dahil hinanap na ako sa opisina. At panatag na ang
loob ko dahil nabasa na natin ang medical report at naisubmit na rin. At with regards to
Jamil, alam naman namin na kaya nya ng ipaglaban nag kanyang karapatan mag-isa kahit
walang lawyer. Empowered si Jamil at marunong din mag-arabic. Alam nya kung papano
mabigyang katarungan ang kanyang sarili.
 
12:00
 
- Tumawag si Abu Tariq at sinabi na uuwi na rin sya dahil hindi na kaya ng katawan nya.
 
1:30
 
- Tumawag si Jamil at kinuwento yong mga nangyari sa loob ng korte.

- pinaglaban nya mag-isa ang sarili at naikwento ang lahat. Sinagot nya ang judge at yong
pangigisa ng interpreter sa kanya. Pilit daw ipaangkin sa kanya na ang kasalanan na alam
nya naman na wala syang ginagawa maliban sa pagtatalo.
 
- ang una daw tinanong ni Jamil kung hawak na ba ng judge ang medical report na wala
syang ginawa at sinabi ng judge na hawak nya ang medical report. at binasa daw ng judge
maige nag medical report.
 
-- I told jamil na inabangan namin ang taga-embassy para mabasa namin ni abu tariq ang
medical report.
 
- ang sabi daw ng interpreter kay jamil na tapos na daw ang decision at para madali ng
matapos ay aminin nya na daw. yon ang sabi daw ng interpreter.
 
- sabi ni Jamil tinanong daw ng judge kay jerome kung ano ang demand ng family. sagot
naman ni jerome na 90,000 daw ang hiningi. Sabi naman ng judge masyadong malaki ang
90,000sr para sa ganitong kaso. Ang computation sa ganitong kaso ay  55,000sr lang daw.
 
( I told jamil na if that is the case na ang judge ang nagbigay ng specific amount. his case is
not for qisas but for tazir. That means hindi pugot-ulo kundi accident ang nangyari. Thanks to
the medical report. Kung qisas pa ang nangyari, the cruz family ang may hawak kung ano
ang gusto nila..)
 
- The judge ask jerome kung kailan daw nila malalaman ang side ng family tungkol sa sinabi
ng judge na 55,000. Sabi ng judge ito daw yong nakasaad sa sharia law.
 
 ( Tazir is a type of punishment na kung sa atin pa ay common law sentencing. meaning
may specific punishment para specific offense. I told Jamil na if the embassy only provide
the medical reports kahit two weeks ago at nasubmit ng HRC sa court malamang acquitted
pa sya.)

"Joseph Henry B. Espiritu" <espiritu@yahoo.com> wrote:
Dear Jamil,
 
Isang linggo ng mahigit mula ng nagemail tayo sa mga ginagalang na taong nasa
pinakamataas ang tungkulin sa ating gobyerno.  at 48 oras na rin ang dumaan
mula ng ikaw mismo ang nagpadala ng sarili mong email at kahit kunting sagot
man lang ay wala. binalewala tayo dahil maliit na tao ang tingin nila sa atin at
hindi tayo napabilang sa malaking grupo. Pero tandaan mo ito jamil maliit man
o wala man tayong grupo pero marami ang mga ofws na katulad natin.
 
Isa lang ang gusto kong malalaman mo, mula embassy, mula dfa, mula sa
malacananiang at senador na nilapitan natin.. hindi tayo nila papansinin kahit
aping-api na tayo dahil wala tayong pakinabang sa kanila.
 
Naalala ko tuloy noong magkasama kami ni Joselito Alejo sa pagfile ng kanyang
compesanation sa kanyang pagkakulong na anim na taon, dahil pinabayaan ng
ating gobyerno. Nakausap at nakaharap namin si Prince Salman. Sa governor's
palace doon ko naramdaman ang totoong equality kahit kami lang ni joselito
ang ibang lahi doon sa mga humihingi ng tulong kay Prince Salman.
 
Nasabi ko kay lito, ito yong lugar na gusto ko. walang lamangan. ang bait naman
ni Amir Salman. at halos araw-araw syang nakipagmeet sa mga nagangailangan
ng tulong sa kanya.
 
Pero look at these people sa recipient list. ni kunting sagot sa email natin ay
wala. malinaw ang mga files at report natin na napabayaan ang kaso mo. Malinaw
ang hiling natin na maibigay lang ang demand letter at medical reports.
 
Naalala ko rin noong time na kailangan ng maipasok sa King Faisal Hospital
ang ating kasamahan na si Ka Alfred Ganapin. Isang telex lang kay King Fahd
ay nabigyan kaagad ng royal order para mapagamot at maoperahan si Ka Alfred.
Si tatay conrado nazareno at ang 18 years old na si bryan cruz ay nabigyan din
ng royal order para sa libreng kidney transplant. (http://youtube.com/view_play_list?p=32705DEC80E287B8)
 
Ginagalang na mga Lingkod Bayan, hindi naman siguro kayo by birth na naging
powerful katulad ng mga royals dito.. pinili kayo ng taong bayan dahil sa pangako
nyo.
 
dalawang kunting hiling ng isang nakakulong ay hindi nyo kayang mapagbigyan.
or kahit hanapin nyo man lang ang katotohanan at parusahan ang nagpapabaya.
o kahit sagot man lang sa email kung natanggap nyo o hindi..
 
Magandang tumulong lalo na kung  katotohanan ang pinaglaban. Mas magandang
tumulong ng walang media, subukan nyo kayang gawin yon. at yong taong tinulungan
na ang mamamalita sa mga tinulong nyo.
 
Regards,
TAS Espiritu

Peter Mabanto <pedro@yahoo.com> wrote:
Magandang umaga po ako po si pedro jameel mabanto kasulukuyang nakakulong sa al malaz jail case#1/4915 ay nagpapato totoo na lahat ng sinabi ni ka tas ay totoo,pwede po yang patunayan ng aking asawa,kapatid ko@mga kaibigan kasama si ka tas@ang CMA.
Bago pa lang ako makulong ay pinangakoan na ako ni vice counsol esrael na madali akong makakalabas dahil my dalawang medical report na nagpapatunay na wala akong kasalanan nagbago ang lahat ng malipat si vice counsol esrael sa passport section@napabayaan na ako ni mr.rey banda,ikunuha nila ako ng abogadong saudi nasa loob ng tatlong taon diko manlang naka-usap o nakita.3taon napo akong naghihirap sa loob ng kulongan na di naman dapat na kung talagang tinutokan@ipinaglaban ng embahada ay hindi ako aabot sa tatlong taon.buti n lang sa tulong ng cma@Vteam ksa na palaging naka monitor sa mga taong naka kulong sa mga kulongan ng saudi arabia nagkaroon ako ng pag-asa,sila po ang nangangaral samin sa batas kahit kamiy nakakulong.
Ngayon po ay nagissue ng SPA ang pamilya Cruz@sinabi ni mr.rey banda na di nadaw nila ako hawak@sa pamilya cruz na sila magaabugado@kinampihan pa ng mahal na ambasador si mr.banda na khit ang medical report na nagpapatunay na wala akong kasalanan ay ayaw nila ibigay skin@sa pamilya ko.
DIBA PO KARAPATAN KO IYON?
noong nakaraan december pinuna ng Vteam ang embahada sa mga sumosubrang stay d2 sa loob ng kulongan na mga kasama ko saka palang sila gumalaw,okey naman c bobby akraman sa ngayon dahil gumgalaw nadi katulad ni rey banda napakaraming pinabayaan,marami mga kasamahan ko dito nakalaya sa tulong ng mga saudiman@NGOng mga pinoy peru sa huli ang report parin ng embahada ang namayagpag. Ako po ay umaalalay @kaagapay ng Vteam para mapadali ang paglaya ng mga kasama ko kahit akoy nakakulong,ako din po ang 2mawag kay ambasador villamor@Vteam noong araw ng pugutan ng ulo si mr.reynaldo cortez pagkatapos ng 10minuto ay muli nya akong tinawagan na sinabing alam nya nadaw bago paman ako 2mawag.kasamahan ko si mr.reynaldo Cortez sa kulongan @matalik kung kaibigan peru magkaiba kami ng kazo.dahil wala akong pinatay,wala akong pinagbuhatan ng kamay peru dahil sa ginawa ng embahada sakin ay baka mahalintulad ako kay mr.cortez nanapugutan ng dahil sa kapabayaan ng mga taga
embahada na huwag naman po sana dahil may pamilya ako@maliliit pa ang aking mga anak na nagaaral na kahit akoy nakakulong ay ginagawan ko ng paraang makatapos sa pag-aaral
Dalawa lang po ang aking kahilingan ang maibigay agad ang demand letter ng pamilya bago matapos ang palugit ng courte@ang dalawang medical report ng pagkamatay ni mr benjamin cruz.alam kung ayaw nila ibigay sakin ang medical report dahil malalaman ng tao na NAGPABAYA SILA s kaso ko.
Alam nyopo my kasama ako dito na matanda na ang kazo ay swindling@gumagawa daw ng complaint laban sakin na sasaktan@pinagbabantaan ko siya,hindi kopo kayang gawin yon dahil siya ang mayor@spy ng mga pulis dito@malaki ang duda kona ginagamit siya ng embahada na sirain ako@ang Vteam,ganon po ang tao sa embahada kasama na ang ambasador walang silang paki-alam kung my buhay ng nagkakaproblema basta di lang masira ang kanilang emahe.hindi kopo hinihiling na tulongan nyo akong makalaya hiling ko lng na tulongan ninyo akong makamit ang aking karapatan.
Kung gus2 nyo pong mapatunayan ang aking sinasabi tawagan ninyo ako sa telepono#00966540742517@00966551132690 paki usap lang pong huwag ikalat ang aking numero@email add.dahil siguradong sa bartolena ang aking kalalagyan,palihim lang po ang aking telepono.
Maraming salamat po lubos na gumagalang Mr.Pedro jameel mabanto
Malazjail,ksa

Date: Thu, 10 Jul 2008 08:42:33 -0700 (PDT)
From: "Joseph Henry B. Espiritu" <espiritu@yahoo.com>
Subject: Case of Pedro Jamil Mabanto : May I have your attention Please?
To: ocs@ovp.gov.ph, Office of the President <corres@op.gov.ph>,
mb_villar@yahoo.com,
"Hon. Jinggoy Estrada" <senjinggoyestrada@senate.gov.ph>

I attached herewith some details of the case of Pedo "Jamil" Mabanto
Case Number :  454 -1/4915   (Murder Case)
Date Detained :  June.07,04
 
Tanging hiling lang ni Jamil ay dalawa :
 
1. Magkakaroon sya ng kopya ng dalawang medical reports na
nagpatunay na  natural cause ang sanhi ng pagkamatay ni yumaong
Benjamin Cruz.
 
2. Makapagpadala na ng demand letter ang family stating kung
magkano ang hiningi nila na bloodmoney.
 
Please find the files :our own case study on Jamil's Case, yong
pakipaglaban ni Jamil na magkaroon ng kopya ng medical reports.
at yong mga transactions with OUMWa and Philippine Embassy.
 
Isang tao lang naman ang nagpapabaya dito kaya tumagal ang
kasong ito. Kaso nga lang nagtatabunan mula embassy hanggang
sa OUMWA. Nagsulat ako sa Office of the President website
at gusto naming makarating ang hinaing. eh binalibag naman ng
nakatanggap ng email sa OWWA (not OUMWA).
 
Ito kasi ang problema naming mga OFWs kung may pabayang
officials sa posts or sa OUMWa ay nagkakampihan sila at gagawin
nila lahat ang paraan para matabunan ito. Eh ano naman ang
masama kung hihingi si Jamil ng medical reports? karapatan nya
yon di ba ? inakusahan sya ng pagpatay at nagdurusa sya sa
kulungan.
 
Malapit ng matapos ang kaso ni Teresita sa tulong mga kaibigan
natin na Saudis at Lawyer. Pero yong pangako ni Senador Villar
na tatanggalin sa puwesto ang mga pabayang opisyal sa posts
ay nawala na sa limot.
 
Please check the attachments. .Read it carefully..  Also please
ask OUMWA - DFA and Philippine Embassy to provide their own
reports. In this way you can start your investigation.
 
Again Sirs, naubos na po naming lapitan ang sinong mga Diyos-
Diyosan ng DFA OUMWa and post pero balewala lang kami sa kanila.
Hindi naman kami sumisigaw sa media. gusto namin hustisya katarungan,
katutuhanan at patas na labanan.
 
Sana sa inyo hindi kami magfail.

Kind regards,
TAS

References :

• http://patnubay.com/jamil/Binder1.pdf  - Nonsese Reports from Embassy and DFA -OUMWA
• http://patnubay.com/jamil/meeting-with-dfa.pdf - CMA and Jasmin meeting with DFA OUMWA Execs
• http://patnubay.com/jamil/meeting-with-the-cruz-family.pdf - CMA and Jasmin visit Nestor Cruz
• http://patnubay.com/jamil/MIS-367-2008.pdf - Ambassador Villamor Bragging about his newly acquired knowledge "The importance of Wakala (Special Power of Attorney)"
• http://patnubay.com/jamil/jasmin-negotiation-with-Cruz-Family-and-dfa.pdf - Jasmin's Email re Bloodmoney negotiation with Cruz Family and DFA OUMWA Exec
• http://patnubay.com/jamil/Emails.pdf  - Jamil's Emails
• http://patnubay.com/jamil/email-to-office-of-the-president.pdf  - Tas message to PGMA website
• http://patnubay.com/jamil/Response-from-the-Office-of-the-President.jpg - Response from Office of PGMA referring Jamil's case to OWWA instead of OUMWA
• http://patnubay.com/jamil/Jamil-lambasts-OWWA.doc - Jamil's Response to OWWAs offer for help
• http://patnubay.com/jamil/Email-to-PGMA-VP-Villar-and-Jinggoy.doc - Our Email to Philippine Government OFficials
• Qatl Cases Analysis

 In solidarity ,
Joseph Henry B. Espiritu
Overseas Filipino Worker - Riyadh KSA

Nakalaya at nasa Pilipinas na si Jamil noong second week of February 2010.

Maraming Salamat at Mabuhay po kayong lahat!

Special thanks to the following 

Attache Jerome Prias
Vice Consul Reyes
Translator Jameel Harris
USEC Rafael Seguis

Thanks for making a DIFFERENCE!