TUESDAY |JANUARY 15, 2008 | PHILIPPINES

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Pardon for 13 Ninoy convicts unlikely, says Palace


BY JOCELYN MONTEMAYOR

PRESIDENT Arroyo will go "slow" in granting executive clemency to the killers of Benigno "Ninoy" Aquino Jr. and Rolando Galman in deference to the family of the former senator, her chief legal counsel Sergio Apostol said yesterday.

Apostol said it is unlikely that the 13 remaining convicts would be pardoned, unless they have served out their sentence.

Sixteen military men were convicted to two life terms for the 1983 double murder case.

Luther Custodio, a former head of the Aviation Security Command, died at the New Bilibid Prisons in 1991 due to cancer.

Cordova Estelo was killed in a prison riot in 2006.

Pablo Martinez was pardoned last November as he was already 70 and has diabetes and hypertension.

Those still incarcerated at the NBP are Romeo Bautista, 57; Jesus Castro, 58; Rolando de Guzman, 55; Rodolfo Desolong, 62; Filomeno Miranda, 59; Claro Lat, 59; Ernesto Mateo, 53; Arnulfo Artates, 53; Ruben Aquino, 57; Arnulfo de Mesa, 48; Rogelio Moreno, 51; Mario Lazaga, 54, and Felizardo Taran, 51.

The PAO and the Department of Health said the 13 soldiers are qualified for pardon as they have "life-threatening" illnesses.

DOH Undersecretary Jade del Mundo and PAO chief Persida Acosta presented the medical and laboratory test results on the soldiers in a press conference.

Maria Cristina Martinez, an internist at the Satellite Trauma Center of the Las Piñas General Hospital, conducted the tests.

"As far as the (medical) records are concerned, they are already qualified for pardon. But again, it really depends on the President," Acosta said.

Results of the tests conducted on the prospective parolees showed almost all have diabetes mellitus Type 2 and severe hypertension, chronic kidney disease, dyslipidemia (disruption in the amount of lipids in the blood), fatty liver, upper respiratory tract infection, cerebrovascular disease (arteries in the brain are defective), and costochondritis (benign inflammation of one or more rib cartilages).

Apostol said the Aquino family, particularly Sen. Benigno "Noynoy" Aquino III, should consider that many of those convicted are in poor health.

Sen. Aquino has said that the pardon on Martinez was President Arroyo’s way of getting back at his mother who in 2005 joined calls for Arroyo to step down from office over the "Hello Garci" wiretapping controversy.

Sen. Aquino has also lambasted Acosta and President Arroyo for making it their advocacy "to free the people convicted of killing my father."

"We understand his (Noynoy) predicament dahil anak siya ng biktima pero ang sa amin, walang personalan ito trabaho lang. Hindi ito dahil sa pulitika," Acosta said.

VICTIMS OF INJUSTICE

Bishop Pedro Arigo, chairman of the Episcopal Commission on Prison Pastoral Care of the Catholic Bishops Conference of the Philippines, backed calls to grant clemency to the soldiers.

"Mga victims ito ng injustice. Siguro naman kailangan bigyan na sila ng executive clemency dahil 20 years mahigit nang nanduon sa loob. Very probable na itong mga taong ito ay inosente," said the bishop from Puerto Princesa.

Arigo reiterated his call to President Arroyo to also grant pardon to "lesser-known" prisoners.

Arigo said based on the ECPPC’s count, 117 prisoners should be pardoned as they are over 70 years old.

ELIGIBLE FOR PAROLE

Justice Secretary Raul Gonzalez said he will not oppose the plea of the 13 convicts to be granted executive pardon for humanitarian reasons.

Gonzalez said the convicts are eligible for the grant of clemency under Memorandum Circular no. 155 because they are suffering from "life-threatening" health conditions, even if they are not yet 70 years old.

"There is no reason to hold people who have served their terms just because they will not tell you what you want to know," he said. "Don’t expect soldiers, who were only ordered to do the killing, to know the real masterminds."

Gonzalez said there is no more need for him to reiterate the recommendation of the Bureau of Pardons and Paroles because under the law, the convicted soldiers are already entitled to the parole as they have already served 12 years, the minimum period required to qualify for leniency. – With Gerard Naval and Evangeline de Vera

 
 


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