Pre-signed pres’l pardon

Popular action star Robin Padilla has been a free man since he was granted “conditional pardon” by former President Fidel Ramos in April1997. As it turns out, Padilla’s “conditional pardon” has already lapsed since 2003.

Padilla, however, is already eligible and qualified to apply for “absolute pardon.”

Executive clemency is a power given to the President to pardon prisoners under Article VII, Section 19 of the Constitution. It pertains to reprieve, absolute or conditional pardon with or without parole conditions and commutation of sentence. Parole is the conditional release of an inmate from prison after the person has served the minimum sentence.

It was only upon the initiative of Padilla’s lawyer Rudolf Jurado that an official application for “executive clemency” was submitted by the actor to the Board of Pardon and Parole (BPP). We stumbled upon this information while browsing through the pages of The STAR last Saturday.

According to Jurado, he forced Padila to sign the application and submitted it to the BPP. Jurado said his client was initially reluctant to seek “executive clemency” from President Rodrigo Duterte.

Padilla, who converted to Islam during his incarceration for nearly three years, supported Duterte’s campaign in Mindanao during the May 9 presidential elections, wooing fellow Muslims’ vote for his presidential candidate.

While on the road travelling to Pampanga, Padilla was stopped in traffic and caught by policemen with unlicensed high-powered firearms on board his car. At the height of his popularity, Padilla was subsequently convicted by the Angeles City regional trial court for illegal possession of high-powered firearms in April1994 and sentenced up to 21 years in prison.

In its public notice, BPP executive director Reynaldo G. Bayang announced that the cases of 87 inmates “shall be reviewed for purpose of considering them for Executive Clemency.”

The publication of those recommended for conditional and absolute pardon, or in this case, executive clemency is required under existing rules and regulations.

If no objection is posed, this will facilitate decision on the grant of executive clemency. But should there be any written objection, the case would revert back for review by the BPP.

There were 87 names of male and female inmates, and Padilla is among those in the list. Padilla, who is Robinhood Ferdinand Cariño Padilla in real life, is listed as No. 61 – N95P-2112. He served behind bars for three years at the New Bilibid Prison (NBP) in Muntinlupa City until he was released from jail.

Once granted executive clemency, their civil rights, including right to vote and to run for public office, would be restored.

Padilla’s lawyer noted his client could not even renew his passport whenever he has invitations that would require him to travel abroad. This is because the actor remains a “parolee” who is subject to travel restrictions here in our country.

Except for ex-President Benigno “Noy” Aquino III, it has been a traditional practice by the past presidents to grant executive clemency to aging (or inmates beyond 70 years old) and very sick prisoners during the Christmas season and Holy Week period.

Based on available records, ex-president Aquino released only a total of eight inmates from the NBP recommended for clemency by the BPP, an agency under the Department of Justice (DOJ). “We want a more thorough system for vetting and granting of pardons and parole and perhaps, more participation of the offended family,” Mr. Aquino explained on why he sparingly granted executive clemency to convicted felons even if BPP recommended them already.

If granted, Padilla and 86 other fellow inmates recommended by BPP would become the first batch given executive clemency under the administration of President Duterte in his first 100 days in office. That is assuming President Duterte would apply the same principle of expeditious executive action on matters of public interest.

In fact, President Duterte himself disclosed in jest he has already pre-signed “presidential pardon” but limited only for policemen and soldiers. This is in anticipation, he said, for any conviction in courts for those in the line of duty who might be charged for alleged summary execution of illegal drugs suspects.

The President bewailed again by what he calls as “bleeding hearts” accusations decrying alleged summary execution of illegal drug suspects. As of latest count by the Philippine National Police (PNP), 895 drug suspects were killed due to legitimate police encounters or resisting arrests.

The PNP recorded 80 cases of drug personalities slain with “cardboard” signs placed over their bodies while over a thousand cases of questioned killings. On the PNP side, there are now nine policemen killed and 18 wounded. On the side of the Armed Forces of the Philippines (AFP), 3 soldiers were killed and 8 wounded in the anti-drug battle.

Speaking before wounded policemen and soldiers to cap the observance of National Heroes Day last Monday night at Malacanang, President Duterte renewed his full support to the men in uniform to perform their duties to protect and defend the people and their country.

“And for as long as God will give me the productive years of my life in 71, I will be in the presidency to protect you,” the President promised them.

“Hindi ako papayag na may sundalo, may pulis mapunta ng kulungan dahil sa nagtatrabaho? Ahhh kalokohan yan, kalokohan yan,” President Duterte vowed. (I would not allow any soldier or policeman to be jailed because they did their job accordingly. That’s foolish!)

“Wag kang matakot basta trabaho, isang pirma lang yan anu-ano, pardon,” the President said. (Don’t be afraid. It’s just one signature and you’re given pardon.) The President made a motion of his hand to show a make-believe foot-tall thick of pardon papers on top of his table. “Pinirmahan ko na dati. Pardon dito, pardon doon. Basta trabaho tayo, protektado kayo lahat,” he told them.(I signed them already. For as long you did your duty, you’re all protected by me.)

“For as long as in the performance of duty, there is really no problem,” the Chief Executive stressed.

If they uphold the Constitution in the discharge of their duties, the President reassured law enforcers and troopers, they would be covered – though make-believe for now – the pre-signed “pardon” from their Commander-in-chief.