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Saturday, January 26, 2008
Convicted priest killer released
MANILA -- After 23 years in jail, convicted priest killer Norberto Manero Jr. finally walked a free man Friday amid the government's hesitation to release him over political considerations.
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Justice Secretary Raul Gonzalez Sr. approved the recommendation of the Bureau of Corrections (Bucor) following the January 21, 2008 dialogue among members of the Catholic Bishops Conference of the Philippines (CBCP) who expressed no objections to the release of Manero.
In an endorsement to Bucor acting director Oscar Calderon, Gonzalez said keeping Manero in jail for a longer time than what would be considered legal is punishable under Article 126 of the Revised Penal Code.
"Thus, it proved that none of the princes of the church is raising any objections to a Manero release, notwithstanding the fact that a priest was a victim," said Gonzalez.
Manero was originally sentenced for 40 years for the murder of Italian Fr. Tullio Favali in North Cotabato in the late 1970s, but his sentence was commuted to 23 years.
He was earlier scheduled for release last January 16, but Gonzalez ordered a final review of his case to make sure that there had been no irregularities in the computation of time allowances credited to him due to good behavior inside the New Bilibid Prisons in Muntinlupa.
The justice chief said in his endorsement letter that Manero was granted commutation by former President Fidel Ramos on February 6, 1998 with additional recommendation that after he has served 19 years of his commuted sentence, he will be entitled to conditional pardon.
However, this did not happen because former President Joseph Estrada granted him (Manero) conditional pardon in 1999 but withdrew the clemency granted in 2000 on the ground that Manero had another criminal case.
The case, however, was dismissed and Manero was exonerated. Thus, Gonzalez said the criminal case couldn't affect the clemency issued by Ramos.
"If you allow the recall (of the commutation) by President Estrada, it might already be a violation of the grant by President Ramos, which was a singular political act by a President. If you strictly applied the Constitution, it means there is a validity or impairment of contracts. The Supreme Court (SC) already states that it considered executive clemencies as a contract," Gonzalez said.
He said Manero could always be rearrested if he committed another infraction against the law.
A Malacañang official said the release of Manero underwent due process and is in accordance with the rule of law.
Deputy presidential spokesperson Lorelei Fajardo said the release of Manero is proof that "our justice system is working."
Fajardo said they expect Manero, after his release, to continue to atone for his crime while spending the rest of his life "with his loved ones and be of service to the people."
"We commend DOJ (Department of Justice) for their diligence in their work and adherence to due process. The release of Mr. Manero was done after proper review of his prison records. Justice has been served by his incarceration. His release is in accordance with the law. We wish him the best," she said.
Manero, along with his two brothers Edilberto and Elpidio, who were reportedly leaders of the infamous Ilaga vigilantes, an anti-communist group, was found guilty by the Sarangani Court of conspiring to kill Favalli on the suspicion that he was a communist sympathizer.
The priest killer was first detained in Cotabato in April 1985 and was transferred to the New Bilibid Prison in Muntinlupa after two years to serve his life sentence for the killing of Favalli. A life sentence or reclusion perpetua carries a prison term of 20 to 40 years.
After serving his sentence, former President Ramos ordered the commutation of Manero's prison terms from 40 years to 23 years on February 6, 1998.
Former President Estrada granted a conditional pardon to him since he was already qualified following the commutation of his sentence, leading to his subsequent discharge from prison on December 28, 1999.
However, on March 10, 2000, Estrada recalled the conditional pardon upon the recommendation of the DOJ after it was found out that he was still facing a kidnapping and double murder case in Sarangani, where he was arraigned in March 2000.
He was accused of having killed brothers Ali and Mambawatan Mamalumpong in 1977 in South Cotabato.
Manero escaped from Sarangani jail in April 2001 but surrendered to President Gloria Macapagal-Arroyo a week after.
Edilberto and Elpidio, who were also convicted for the killing of Favalli, had already been released on May 29, 2003 after serving more than 18 years in prison. (ECV/JMR/Sunnex)For more Philippine news, visit Sun.Star Cagayan de Oro. (January 26, 2008 issue)
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