A FILIPINO woman who was accused of killing her employee in the United Arab Emirates (UAE) escaped punishment when the Court of Appeals in Al Ain declared her “innocent without diyyah”, or payment of blood money.
The Philippine Embassy in Abu Dhabi confirmed that Jennifer Dalquez was declared innocent at a hearing on June 19.
Dalquez, 30, was charged with murder for allegedly killing her employer, a certain Mr. Alaryani.
Through her counsel, Dalquez argued that she was defending herself from Alaryani’s attempt to rape her when the incident occurred on December 7, 2014.
Nonetheless, she was sentenced to five years’ imprisonment less the number of days she spent in jail, for stealing a mobile phone.
The Court of First Instance of Al Ain meted out the death sentence on Dalquez on May 20, 2015. Her case was appealed to the Court of Appeals.
“The Department [of Foreign Affairs (DFA)] has extended all assistance to Ms. Jennifer Dalquez, including provision of a lawyer, since her case was heard by the Court of First Instance in March 2015,” the DFA said in a statement.
Her parents went to visit her in Al Ain in October 2015 and in March 2017, through the assistance of the DFA.
In April women’s group Gabriela called on President Duterte to save Dalquez from death row during his visit to the Middle East.
Gabriela filed a House resolution earlier this year calling on the President to seek executive clemency for Dalquez.
Migrante elated
THE migrant workers’ group Migrante International expressed elation and relief over Dalquez’s acquittal, which came more than two years after the seriously injured Dalquez was arrested after fending off the attack by her knife-wielding assailant.
Migrante International, through Spokesman Arman Hernando, said the group “is very happy to receive news that Jennifer Dalquez has been acquitted from the crime of murder and, thus, saved from death row”.
However, the acquittal may still be appealed before the UAE Supreme Court, meaning Dalquez will not be released automatically due to the verdict of the appellate court.
Hernando added: “We have talked to Jennifer’s parents, and they confirmed that they were contacted by the DFA, which relayed to them the good news. We also thank the DFA for having graciously imparted directly to us the positive update.”
The past administration actually tried to prevent the Dalquez family from talking with Migrante and other non-governmental organizations supporting migrant workers, but Jennifer’s mother, Rajima, sought their help after claiming that the DFA did not help Jennifer.
The National Council of Churches in the Philippines (NCCP), with ministers from the United Methodist Church and the United Church of Christ in the Philippines and priests from the Iglesia Fillipina Independiente providing support, called on the faithful to pray that Dalquez be acquitted and spared from execution.
NCCP’s Churches Witnessing with Migrants has been actively providing assistance to imprisoned and harassed overseas Filipino workers and their families.
“We take the side of the vulnerable. Dalquez’s move was an act of self-defense. May her death sentence be commuted,” the NCCP said.
Migrante said that owing to Dalquez’s acquittal, she would not be compelled to pay blood money to the relatives of the deceased.
However, she is still expected to serve five years in prison, but not on death row.
“Once again, our collective prayers, active intervention and resounding clamor for justice have prevailed,” Migrante stressed.
“On behalf of the Dalquez family, we thank all supporters, migrants advocates and human-rights defenders in the ‘Save Jennifer Dalquez’ campaign. We stand resolute to continue with the fight to save all Filipinos on death row,” it added.
An overseas worker since 2011, Dalquez worked abroad to overcome poverty, since her husband could barely support her and her two children in General Santos City.
She flew to the UAE in December 2011 to work as a house maid, leaving her two children to her mother’s care.
Three months later, Dalquez said her employer tried to rape her, but she was able to escape and asked the wife of her tormentor to allow her to go home, to which she obliged.
However, she was offered a job as a cashier at a restaurant and took the offer, but left in 2013 to work as an assistant for a doctor she had met.
Dalquez did odd jobs, cleaning houses as a sideline, to earn more money before leaving the UAE for good in January 2015.
On December 7, 2014, she was asked to clean an Emirati policeman’s house, but the offer was apparently a ruse, as the employer tried to rape her at knifepoint, sustaining serious wounds as she grappled with him for the knife, which she used in defending herself.
In an audio tape secured by Migrante and presented to Duterte, Dalquez narrated the assault: “Napatay ko po ang aking among pulis dahil tinangka niya po akong gahasain at patayin. Sinunog po niya ako. Pinalo, sinuntok, at sinara niya po ang pintuan palabas at doon niya po ako pinalo ng bote sa mukha sa bandang taas ng mata. Noong tinangka niya po akong saksakin, nakaiwas po ako at sa awa ng Diyos ay naagaw ko ang kutsilyo sa kaniya. Tatlong beses po kaming nag-rambulan simula sa sala patungo sa loob ng kwarto niya. Sigaw po ako nang sigaw ng tulong, ngunit wala pong nakarinig sa akin. Ilang beses kaming nag-agawan ng kutsilyo, kahit anong iwas ko palayo sa kaniya, hinahabol niya pa din ako para patayin. Nitong huli, doon ko na po siya nasaksak sa lungs niya, hindi ko po sinasadya iyon. No choice lang po ako. Alang-alang sa buhay ko na makalabas nang buhay sa bahay niya, dinepensahan ko lang po ang sarili ko. Ang dami kong sugat at ang dami ko rin dugo sa ulo po at mukha, kamay, katawan…”
With Marvyn N. Benaning