Tuesday, November 06, 2007 Millan: The longest line By Atty. Taipan Millan One small voice
AFTER pardon was granted to the convicted former president, executive clemency was also immediately requested for the former ARMM governor and MNLF chairman.
It does not matter anymore whether his trial has already resulted in conviction or still pending at this time. It does not matter anymore if he has already reached 70 years old or still three years shy of the age used in the grant of executive clemency to the convicted former president.
What matters only is that he in substantial compliance with the other supposed requirements. Anyway, it is purely discretionary on the part of the pardoning authority whether or not to grant a pardon.
First, he used to be, or still is, a perceived enemy of the state or an alleged violator of criminal laws. He has still not been proven guilty though. But it is always fast and easy to plead guilty if a deal has already been closed.
Second, politics was, or still is, involved in his case. It was some sort of a mutiny or rebellion though. But it was about refusing to obey the laws of the land or attempting to overthrow the government using arms.
Third, he used to be, or still is, a relatively big man and somehow powerful in his own right. He has some supporters but already few and far between though. But they are still armed and dangerous and can still wreak havoc and can still sow fear.
Finally, the mother of all justifications can be conveniently used - national unity and reconciliation, whatever this means.
In a country where laws can be made and unmade just like that, where versions and interpretations can be invented and conjured in an instant, where everything is legal and permissible until struck down by the Supreme Court, it would no longer be shocking and surprising if another big fish, or big animal for that matter, is granted a pardon.
The height of inequality is when these other big people demand equal protection of the laws by granting them pardon if they have the same or substantially similar circumstances as the reason given for the executive clemency of the convicted former president.
The pinnacle of paradox is when we have convicted criminals, all 70 years of age and older, whether murderers, rapists or plunderers even, asserting freedom because of age.
The summit of irony is when 70 year olds begin to commit murder, though maybe not rape, and plunder in conspiracy with others, then will claim exemption or immunity from punishment if and when convicted, because of age.
We are not even talking about the hundreds or thousands of prisoners now languishing in jail for various offenses. They, too, can and will claim liberty. Instead of executive clemency being a selective act of mercy and grace, the government announced that it is official policy to pardon those who have reached the age of seventy, for supposedly humanitarian reasons.
Wow. The reason, logic and wisdom are not easy to respect, understand and accept.
But for the meantime, we have to set up a system of accepting applications for pardon. And for the meantime, we have to start preparing for the longest line.
Comments are most welcome. Please send them to attytaipanmillan@gmail.com.