Full, free and unconditional pardon

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Now that he has withdrawn his motion, his conviction becomes final, and ready to serve his sentence, would he be able to admit his guilt?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.

Absolute pardon: Absolutely ridiculous?

We have followed the case for the past 6 years. The plunder case against the deposed President Estrada was not only monumental. More than ever, it is a test of the Philippine judicial system.

It not an easy case to handle even for the most distinguished men of the law. Yet the government prosecutors, who have the most honest and truthful intentions to show that they will be unperturbed despite the threats in their lives, chose to burn the midnight oil and vowed they would fight it to the hilt. Many advocacy groups saw through the process, and ensured that no one gets in the way for an honest trial. Last September 12, the Philippines literally stopped [for at least 10 minutes] just to watch or listen to the proclamation of the verdict. However, even before the government prosecutors could say they could rest their case, and take a much-needed holiday, here comes another issue to contend.

Presidential pardon has been dangled even months before the verdict has been read by the Sandiganbayan. And now, it is openly spoon-fed to the Estrada camp, which finds it a welcome gesture, after all. Earlier, the Estrada camp staunchly stood up against pardon—declaring to the whole world that accepting the Presidential pardon is tantamount to admission of guilt by the deposed President. For some reasons, it has suddenly softened its stance.

What could have softened their position? We do not know. However, what is clear to us right now is the absolute pardon that the Arroyo Administration is allegedly offering to former President Estrada.

Definitely, if the former President will accept the [Absolute] Presidential Pardon allegedly offered by Malacañang, he regains his freedom and can exercise his political rights again. Does absolute pardon free the former President from the indemnity of the plunder case in which he was found guilty beyond reasonable doubt? That is debatable. Many law experts say otherwise. According to them, the civil indemnity should not be part of the pardon. If he would be freed from his civil indemnity, what does this tell us? Simply put, “A President can rob a bank, and gets away with his stash.”

Why is the Arroyo government so gung-ho about offering a presidential pardon, and absolute at that?

The Presidential pardon, while allowed by constitution, is so soon! The man has not even made to suffer the consequences, and yet we are pardoning him from his crimes? Did he show the entire country that he is worth the pardon? Compare it with an ordinary man who has shown remorse after languishing in jail for some loose change he took from his employer, and takes years before a pardon could be given to him. Pardoning Estrada is also a welcome development for the sake of national unity and healing. However, does he show any form of remorse. Is that kind of law-breaker worthy of a pardon?

What is the bottom-line of this fiasco? Could it be about the Legitimacy of the Arroyo Administration? We know that the Estrada Camp and Fernando Poe supporters continue to question the legitimacy of the Arroyo administration. If Estrada accepts Presidential pardon, it is tantamount to succumbing to the present leadership; ergo, the Arroyo Administration is legitimate.

However, the Arroyo Administration may be short-sighted in this case—putting off the possibility that this act would have a long-term negative impact to the country’s judicial system. The judicial system is already in shambles since time immemorial. Now that it has made a significant leap with the conviction of former president Estrada it is, again, put to a test. It becomes a precedent that any government official can commit plunder! After all, they can be pardoned and get away with their stash. This is terrifying!

The presidential pardon, which is SO SOON, does not exist in a vacuum. It would have a negative impact not only in the judicial system. If PGMA is boasting about the economic development that the country has gained, she should think twice. While the foreign and local investors may have lauded the Estrada verdict, they might also be having second thoughts again, and might eventually lose their confidence on the government. While she appeases the masses that support Estrada, she is also neglecting the middle and working classes, which want nothing but justice. She should remember that the middle and working class are the ones who brought Estrada to trial, which put her into her seat now, and lastly, she should not forget that the middle and working class are the ones making this country move forward.

Cross-posted from: