Views with a Point

about sustainable development, politics, and governance in the Philippines

Full, free and unconditional pardon

Posted by thinkblots on October 23, 2007

AS A FOLLOW THROUGH of my previous blog about this issue, I always make it a point to watch the news regarding the conviction of Former President Joseph Estrada for the crime of plunder. While watching him on the news yesterday, I realize once again that he did not only make himself lesser credible, but made him rather pathetic as he has, again, brazenly demonstrated his rudeness and audacity.

If my memory serves me right, he made a pronouncement last week that he is going to fight it to the hilt—that he is not guilty of plunder because they have a strong case.

Earlier the Estrada camp talked about filing a motion for reconsideration citing that Erap is not guilty of the charges, and citing that there was an error on the filing of the case. From what I gathered from the news on TV, they were saying that instead of [4] plunder cases, the prosecutors filed only one (1) which includes all the charges, and why the prosecutors did not file charges to those co-accused of plunder.

Earlier, Estrada brazenly said:

“What pardon? I only read those in the newspapers.”

“If possible we will fight up to the Supreme Court.”

Of course, State Prosecutor Dennis Villaignacio just shrugged off the issue saying the Estrada camp does not have a strong basis for a motion. Now, Erap is seeking a “full, free and unconditional pardon.” Perhaps he and his lawyers have come to their right senses that they should eventually swallow their pride and bulldoze their self-erected ivory tower. The Sandiganbayan judges have openly expressed that they will stand by their decision of “original guilty verdict.” This seems logical. Whose judge in his/her right mind would go against his/her own decision? Was it a lost cause for Erap, after all?

Malacañang wanted the former leader to apply for a pardon, admit his guilt, and wait for a final conviction by the court before he is granted a presidential pardon.

Article VII (Executive Department), Section 19 of the 1987 Philippine Constitution states:

Except in cases of impeachment, or as otherwise provided in this Constitution,
the President may grant reprieves, commutations, and pardons, and remit fines
and forfeitures, after conviction by final judgment.

He shall also have the power to grant amnesty with the concurrence of a majority of all the Members of the Congress.

Now that he has withdrawn his motion, his conviction becomes final, and ready to serve his sentence, would he be able to admit his guilt? I would wait for the day or night that he will show up in Philippine TV to admit that he had actually committed plunder.

The ball now is in the hands of Malacañang through the Department of Justice. May God guide them in their decision for pardon. By then President Arroyo could determine whether to grant him pardon, which may be full or partial restoration of his civil and political rights.

However, I still firmly uphold that pardon on his terms makes a mockery of justice. What should prevail now is justice for the common good.

We are now facing some challenges in the country:

1. The alleged bribery in Malacañang that has swelled to greater proportions;
2. The attribution of the Glorietta blast to the military and even to Malacañang;
3. The looming water crisis;
4. The issue on poverty that keeps on haunting us;
5. Not mentioning the NBN-ZTE deal which was shadowed by the “bribery scam”.

The timing of Presidential pardon now is very crucial. The Palace may be tempted to use this opportunity to recover the long-lost glory of President Arroyo, especially now that the country is facing these challenges, the Philippines would be on its way further down the drain. If this so happens, I am definitely sure that this would signal the early exit of President Arroyo from Malacañang.

6 Responses to “Full, free and unconditional pardon”

  1. MONACO said

    who is he kidding? there is no admission of guilt necessary! he was found guilty by a legitimate court. and even if he was found innocent by the same court, we all know he is guilty of plunder (and corruption) like all government officials who got rich while in office. how could he have maintained such a luxurious lifestyle for his wives and families (let me reiterate the plural form)? from a measly government salary? ha! we’re not that stupid! we all knew he was guilty even before the case began.

  2. usclabdog said

    i am at least happy that he was found guilty.
    btw, id like to thank you and congratulate you for this blog. its something a lot of us abroad would like to read, its a great tool to disseminate information and opinion, like in this case, i wasnt aware that theyre dangling this presidential pardon even before a conviction. all parties involved are showing a lack of delicadeza here. may i say “PWE” in disgust to all of them, cause its really infuriating how they conduct themselves and use the situation of each other as a leverage for their own advantage.

  3. mschumey07 said

    Gloria just might take the plunge and give him the pardon he seeks. After her term, its GMA’s turn to face the music as she will now shed her immunity. Erap’s pardon will surely be a precedent so she can get away with the crimes she committed.

  4. INKBLOTS said

    Yes, Filipinos are not stupid, Monaco. Wer just have to be vigilant about everything. There is already a group called “NO Pardon for Erap” (NOPE), and I guess Malacañang would be on their toes.

  5. INKBLOTS said

    usclabdog, PGMA seems hopeless after the series of issues attributed to her office. It is really disgusting. Good for you, at least you are far from the madding crowd…hehe.

  6. INKBLOTS said

    Good point their mschumey07! It is a great possibility! But she cannot do away with it if her case is impeachment.

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