DOJ: Dutert can pardon Sinas if found guilty

MANILA, Philippines — The criminal complaint filed against Philippine National Police (PNP) chief Gen. Debold Sinas over the mañanita controversy must be resolved first before President Duterte can grant him executive clemency, Justice Secretary Menardo Guevarra said yesterday.

Guevarra said Duterte could only exercise his constitutional power to grant executive clemency if Sinas would be found guilty of the charge.

Guevarra issued the statement after Duterte said that he has forgiven Sinas for holding a birthday feast in May while Metro Manila was under strict lockdown,  which supposedly violated quarantine protocols.

“The DOJ (Department of Justice) prosecutor has to complete the preliminary investigation. Executive clemency may come only after a finding of guilt. If there’s no finding of guilt, there’s no room for the application of executive clemency,” Guevarra explained.

He said the President is aware that the complaint against Sinas remains pending before the Taguig prosecutor’s office and is “merely indicating his intent to act with liberality, in consideration of General Sinas’ performance as a police officer.”

“I did not hear what the President said exactly. I need to know the context, but whatever it was that the President said about his intent to pardon General Sinas, the DOJ will do what it is duty-bound to do. The President may also do what he is constitutionally authorized to do,” Guevarra said.

Sinas is facing two separate complaints over the mañanita incindent:  the violation of Republic Act 11332 or the Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act lodged by the PNP before the Taguig prosecutor’s office and another one filed by the National Bureau of Investigation with the DOJ.

Sinas drew public ire when he held a birthday feast on May 8 at Camp Bagong Diwa in Taguig City when he was Metro Manila police chief.

Despite the controversy and allegations of abuses when he headed the Central Visayas police, the President appointed Sinas as PNP chief last week, replacing Gen. Camilo Cascolan who had reached the mandatory retirement age.

Rody defends Sinas anew

In a televised speech on Saturday night, Duterte said he has taken full responsibility for Sinas’ appointment.

The President assured the public of Sinas’ competence as a police official.

“My fellow countrymen, the promotion of General Sinas as PNP chief was my call.” “I take full responsibility for that. But I also guarantee his competence and expertise in police work.”

Duterte said he would grant Sinas presidential pardon if he is found guilty of the criminal complaint.

“Akin na yun, if he has faults for that, he’s pardoned. I did not see anything wrong about the birthday celebration. Police officers went there without him knowing and it was a surprise,” Duterte said.

The Chief Executive said Sinas should not be blamed for the mañanita, which was a surprise party held in his honor by his subordinates. – Christina Mendez