Wednesday, September 19, 2007 Nalzaro: Pardon and amnesty By Bobby Nalzaro Saksi
THE Sandiganbayan has convicted former president Joseph Estrada of plunder and sentenced him to a maximum of 40 years in prison and yet he continues to maintain his innocence and refuses to accept the Arroyo administration’s offer of pardon. He is open, though, to amnesty.
Cagayan de Oro Rep. Rufus Rodriguez, Erap’s spokesman, said the former president is open to amnesty but he needs to see its provisions or its fine print. The number one condition is that there should be no admission of guilt.
But Malacañang is not biting and insists that Erap should only be granted presidential pardon. Sergio Apostol, President Arroyo’s chief legal adviser, said that offering amnesty won’t work because it is only for political offenders and not for plunderers. Sen. Mar Roxas, meanwhile, has filed a resolution calling on the President to pardon Erap at the “appropriate time and on humanitarian grounds.”
To pardon is to forgive a crime and the penalty associated with it. It is granted by a sovereign power or competent church authority. In the Philippines, only the President can grant pardon to a convicted person.
Pardons are granted in many countries when individuals have demonstrated that they have fulfilled their debt to society.
Accepting pardon “implicitly constitutes an admission of guilt so in some cases the offer is refused.” Amnesty (from the Greek amnestia, oblivion) on the other hand includes more than pardon inasmuch as it obliterates all legal remembrance of the offense.
Section 19, Article 7 of our fundamental law 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.”
Anyway, we cannot blame Erap for refusing to accept pardon from the Arroyo administration. He just wants to avail of all options until his case is resolved with finality. There are still legal remedies he can avail of, or he can wait for the next administration to accept it.
But it is good that people are debating on what is the best for Erap as he starts to serve his sentence. I think this debate will continue until Arroyo bows out of office in 2010. Abtan na lang silag siyam-siyam nga magdebate ana.
