BY REGINA BENGCO

INTERIOR Secretary Ronaldo Puno yesterday said President Arroyo should immediately act on the appeal for pardon by former President Joseph Estrada, adding Christmas could be a "pessimistic target" for his release from almost six years of detention.

"I’m hoping it would be very, very soon. It could be anytime because the petition is already there. The action could be taken today, tomorrow, next week, one month from now," he said.

Estrada’s lawyers on Monday withdrew his motion for reconsideration on his plunder conviction before the Sandiganbayan Special Division and wrote a letter to President Arroyo seeking a "free, full and unconditional pardon," saying he deserves sympathy, compassion and understanding.

Puno said Malacañang did not set any condition in exchange for the request for pardon as it is "already a gesture of reconciliation."

He said President Arroyo would "reciprocate with a similar aggressive action to foster reconciliation among different political factions."

Acting Justice Secretary Agnes Devanadera said she will submit her recommendation to the President within the week.

"Tatanong lang naman diyan kung pwede na bang i-exercise ang executive clemency," she said.

She said the President may exercise her prerogative to grant pardon to anyone who has been convicted and is 70 years old. Estrada is 70.

She said Estrada’s best ground for being granted his request is his ailing mother, Doña Mary Ejercito. The 102-year-old Estrada matriarch is confined at the San Juan Medical Center.

She said there is no need for Estrada to admit his guilt. "What is important to us is the judgment of conviction … I would regard that as something personal to President Erap."

She said once the grant of pardon is extended, Estrada’s civil rights and liberties will be restored but the forfeiture of his assets such as the P142 million "Boracay mansion" and the P200 million fund for Erap Muslim Youth Foundation is an entirely different case.

WAIVER OF MR OK’D

The Sandiganbayan Special Division granted Estrada’s withdrawal of motion for reconsideration (MR).

"It is a matter of right on the part of the accused to withdraw his motion for reconsideration and to waive his right to appeal… The decision promulgated on September 12, 2007 is now deemed final and executory," the special division said.

Hearing on oral arguments on Estrada’s appeal were held Oct. 19 but in a surprise move Monday, the defense informed the Sandiganbayan that Estrada was abandoning the appeal.

The Sandiganbayan set the execution of judgment on Estrada’s plunder case on Nov. 7 at 9 a.m.

‘DON’T FAULT ERAP’

Senate minority leader Aquilino Pimentel Jr. said Estrada’s decision to seek pardon should be respected.

Pimentel said many allies and followers of Estrada may have been disappointed but the former president was apparently convinced that to ask for pardon was the most practical course of action.

He said Estrada has suffered enough since he was ousted from power.

Senate majority leader Francis Pangilinan challenged the administration to "open to the public" the issue of granting pardon to Estrada.

"PGMA needs to engage the public, solicit views, state under what circumstances former President Estrada qualifies for pardon, and, should she decide to grant him pardon, present the reasons why she did so. She is, first and foremost, answerable to the public."

PEOPLE’S WRATH

Civil society groups that worked to file the plunder case against Estrada said Arroyo would face the people’s wrath if she grants pardon to the former leader.

"We will invoke our rights as a citizen. We will go to the streets, and wherever it is that Estrada is being kept and we will make our sentiments known," said Dante Jimenez of the Volunteers Against Crime and Corruption (VACC).

He said VACC and its allied groups will give Arroyo one week to make up her mind.

Representatives from VACC, Equal Justice for All Movement (E-Just), Citizens Crime Watch (CCW), Council for Philippine Affairs (COPA), National Alliance for Democracy, and No to Erap Pardon Movement (NOPE) said in a press conference pardon will go against Article III or the Bill of Rights which provides equal protection of law.

Jose Villegas, CCW chair, said Arroyo would be "liable for ignorance of the law, gross negligence, and violation of the Constitution on the provisions of equal protection of law" if she pardons Estrada.

"Yes, we believe in compassion. He is 70 years old, his mother is gravely ill. Pero handa ba siyang magsoli or humingi ng tawad?" said Pastor Saycon of COPA. – With Evangeline de Vera, Peter Tabingo and JP Lopez