CBCP exec warns vs pardon

MANILA, Philippines – A ranking official of the Catholic Bishops’ Conference of the Philippines (CBCP) yesterday hinted at objections to the proposed grant of pardon to nine military officers convicted for the 2003 Oakwood mutiny in Makati City.

The Department of National Defense (DND) and the Armed Forces of the Philippines (AFP) have officially recommended to President Arroyo the granting of pardon provided the convicts commit not to stir up further trouble once they are freed.

Puerto Princesa Bishop Pedro Arigo, chair of the CBCP Episcopal Commission on Prison Pastoral Care (ECPPC), said persons convicted in court for crimes they committed must serve the penalty.

“The CBCP and the whole of the Church in the world is firm in its stand – which was even raised by the late Pope John Paul II during his visit here – that we have to receive the whole criminal justice system. Criminal offenders must be detained since we have to give (in to) the demand for justice,” Arigo said in an interview over Church-run Radyo Veritas.

The prelate stressed that the Church upholds the justice system in the country – however flawed it may be.

But Arigo clarified that while justice should prevail, there should also be compassion and charity on the part of government especially in terms of the welfare of prisoners.

“We all know the condition in our prisons where prisoners are really robotized and demonized instead of being rehabilitated so that they would become peaceful and useful citizens. We should find a new way to rehabilitate our prisoners,” he appealed.

Another official of ECPPC also said that granting executive clemency to the convicted Magdalo soldiers would not be a wise decision from the Palace, as it may be perceived to be a mere political move.

ECPPC Executive Secretary Rodolfo Diamante said President Arroyo should grant clemency to the Magdalo soldiers not to boost the political stability of her administration but based on the will of the people or genuine forgiveness.

“Why is it every time that the situation is in favor of the administration, it seems to be already a done deal. It (granting pardon) is in favor of the administration because the men involved are soldiers,” Diamante said.

He also described the implementation of presidential pardon as “lopsided” since it has become a politicized process.

Diamante warned Mrs. Arroyo that she would draw criticism should the Magdalo soldiers be pardoned, since “the government will not win any brownie points here because the public is not in favor of it.”

Remorse

In endorsing the AFP’s recommendation for executive clemency, Defense Secretary Gilberto Teodoro said the nine convicted officers have already expressed remorse for their misdeeds and criminal acts.

“They have expressed this publicly. They have faced up to what they have done and were willing to face the consequence of the same. I would not have recommended pardon if I’ve not seen remorse. The guilty plea is very important. It takes courage to do that,” Teodoro said.

The classmates of the two convicted ringleaders, on the other hand, have welcomed the recommendation of the defense and military leadership.

Capt. Edmund Mendoza, president of the Philippine Military Academy Marilag Class of 1995 and classmate of Captains Milo Maestrecampo and Gerardo Gambala, said the recommendation of pardon for his mistahs is the highest and truest essence of Christianity.

Teodoro said the actions and conduct of the convicted officers while in detention, including their non-participation in the Makati courtroom walkout on Nov. 29, 2007, have shown them as changed men.

He added that the DND-AFP decision is in consonance with the political reconciliation efforts of the government.

“The President has proclaimed an amnesty, although pending before Congress, for members of the CPP-NPA. We pursue talks with the MILF and a host of other political reconciliation moves so I feel recommending to the President that... pardon (for) the nine officers is consistent with (past) actions,” he said.

Teodoro also bared that Gambala and his group have not been moved to the New Bilibid Prisons because they are still under the jurisdiction of the military due to their pending cases before the General Court-Martial (GCM).

Gambala and his group have also pleaded guilty as charged before the GCM. The military court, however, has yet to render its verdict.

Over speculations that the convicts pled guilty in both courts because there was a deal for pardon, Teodoro said this is understandable “especially if this is coming from the camp of Sen. Antonio Trillanes.”

He said the granting of pardon is already outside of the judicial proceedings and the granting of executive clemency has no strict rules or guidelines to bar the President from exercising this power.

Endorsement does it

Justice Secretary Raul Gonzalez, for his part, said the convicts have a good chance of getting a pardon from Malacañang following the endorsement by the Defense department.

He however stressed that pardon is a presidential prerogative which cannot be questioned once it is granted.

“You can object but if that is the position of the President nobody can question that,” he said.

Gonzalez also said that though there may be people who are critical of the position of granting presidential pardon to the convicted Magdalo officers, there are also many arguments in favor of granting clemency.

“There will always be people who will be critical about it and say that it is without any basis. But there are many arguments also in favor of executive clemency. I received a text message saying that if a plunderer can be pardoned, why not these people?” he said.

Earlier, Gonzalez said there is a possibility that the convicted junior officers may be pardoned. “Speaking of possibilities, possibilities are always present.”

He said any convict is qualified for pardon as long as the sentence is final and executory.

Gonzalez also expressed his opinion that the President should exercise prudence in granting pardon to convicted officers as it could send the wrong message to other would-be coup plotters that they could escape their deeds with impunity.

“That is really laying the groundwork but it might, just in my own thought, encourage others to follow. To stage a coup, then a trial, then afterwards get a pardon,” he said.

Not qualified

But the counsel for Trillanes believes that the nine military officers are not eligible for pardon.

Lawyer Ernesto Francisco Jr. said Trillanes “respects the decision” of his fellow Magdalo officers to seek forgiveness, but the senator would not want to comment further.

Francisco said they understand that the junior officers were seeking pardon for the sake of their families.

Personally, however, Francisco said the cases of the officers would not qualify for executive clemency.

“I really pity them because they went through a lot of suffering. I think they have been played upon. They were made to apologize and plead guilty probably in the hope, or maybe they had been assured, of pardon. But what is happening is different,” Francisco told The STAR.

He said under the Revised Rules of the Board of Pardons and Parole, the trial court or appeals court must recommend pardon or executive clemency in its decision. “There was none here,” Francisco said.

He also noted that the convicts, under the law, must be 70 years and above to be eligible for executive clemency, like in the case of former President Joseph Estrada, or “if the penalty imposed is too harsh or more harsh than what is required.”

“They would have to change the rules first before the soldiers qualify for pardon,” he said.

Francisco said it would be unfair to make the soldiers an “exception” and there must be no “double standard” in the grant of pardon.

“They are practically begging for pardon now because Malacañang is saying it is too early to talk about granting them executive clemency. Maybe they are panicking,” Francisco said.

‘Don’t rush pardon’

A business leader, meanwhile, said the conviction of the mutineers is a strong signal that the rule of law has prevailed and there is no need to rush the grant of pardon to the coup plotters.

“It’s good sign,” Donald Dee, president of the Philippine Chamber of Commerce and Industry (PCCI) said during the weekly Kapihan ng Bayan at Sulo hotel in Quezon city.

He however urged the government not to rush the grant of pardon and determine if they are really sincere in their appeal for executive clemency.

Dee said he is not opposed to the grant of pardon provided that the Magdalo members are willing to rejoin mainstream society and contribute their share in nation building.

The PPCI president, who is also the ambassador and special envoy for international trade negotiations, said since the court has already handed its verdict then the wheels of justice must be allowed to grind without interruption.  — Perseus Echeminada, Aurea Calica, Jaime Laude, Mary Grace Ingaran, Allan Ray Policarpio, James Mananghaya, Mike Frialde