‘No application, No pardon,’ Erap told

October 20, 2007  --  Got something to say?
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Joseph EstradaMANILA No application, No pardon.
This was the statement of Interior Secretary Ronaldo Puno who has been designated by Malacanang to negotiate with ousted President Joseph Estrada who was convicted of plunder last month and sentenced to life imprisonment.
After failing to convince Estrada in their meeting late last month, Puno laid down the two conditions that the convicted President must do: 1, is to wait until his conviction has become final and executory and 2, he must apply for a pardon.
No application, No pardon, said Puno.
Puno added that Estrada should apply for pardon from President Gloria Macapagal-Arroyo if he would like to avail of the privilege of being with his 82-year-old ailing mother. The Sandiganbayan has allowed Estrada to visit his ailing mother at the San Juan medical center late last month.

Puno, Arroyos presidential political adviser and Estradas personal friend, has been acting as mediator between the administration and the convicted former President regarding a possible executive clemency.
I dont think another three to four years of litigation will be good for the [former] President,” Puno said referring to the period of time it would take for the appeals process to reach the Supreme Court.
I hope his lawyers realize [the benefits of a pardon being readily available for Estrada],” he added.
Estradas lawyers last week filed a motion for reconsideration appealing the Sandiganbayans guilty verdict.
Had Estrada opted not to appeal the decision, his conviction would have been final and executory in a matter of weeks. With the decision already final, a pardon would have been available much sooner.
Estrada was quoted as saying that he was open to a pardon from Arroyo in the wake of his mothers failing health. He expressed a desire to be with Doa Mary Ejercito during what many believed to be her last days.
I know he wants to be with his mother, Puno said. So my hunch is he is thinking very seriously on how best to proceed.”
Is he disappointed with Estrada for filing the motion for reconsideration? No. He is just using the legal remedies available to him,” Puno said.
Puno added he was in discussion with officials of the Department of Justice on how a pardon might be handled.
So thats where we are right now. Its up to the former President how he wants to proceed. If he wants to go by way of his other legal remedies, thats his right and his privilege. If he wants to proceed on a shorter route and just accept the finality of judgment then request for a pardon, then we will act accordingly,” he said.
But the problem is that Estrada continues to insist that he is innocent of the charges.
Late last month, he thanked the Catholic Bishops Conference of the Philippines (CBCP) officials for supporting calls for his absolute pardon but stressed that any references to the return of his alleged ill-gotten wealth were way off mark.
Through his spokesman, Cagayan de Oro City Rep. Rufus Rodriguez, Estrada reiterated that he has no interest in the assets identified in the case against him such as the so-called Boracay Mansion in Quezon City, the alleged jueteng money, and alleged commissions from Belle Corp. shares.
I repeat: I never received any pay-offs from jueteng or commissions from Belle Corp. shares. I do not own the Boracay Mansion - this is a property of St. Peters Holdings. I did not accumulate, amass, or acquire any ill-gotten wealth,” Estrada stressed through Rodriguez.
Estrada appealed to the CBCP to support his quest for justice and withhold summary judgment on his case since he has yet to exhaust all legal measures to overturn the anti-graft courts verdict.
I will continue my plans for the reconsideration of the Sandiganbayan verdict, and I hope that the CBCP can support me on this since this is part of the judicial process,” he said.
Meanwhile, lead counsel Rene Saguisag said Estrada deserves a penalty much lesser than life imprisonment if indeed he received kickbacks for tolerating the illegal numbers game of jueteng.
In a 20-page supplemental motion for reconsideration he filed with the Sandiganbayan, Saguisag said the life sentence meted his client was clearly excessive and disproportionate, considering that the crime he allegedly committed involves jueteng money, which is not even considered public funds.
Joseph EstradaSaguisag said if at all, Estrada should have been charged under the antigambling laws punishable by jail term of six months or a fine of P1,000 to P6,000, and in case of recidivism, the penalty would be six years or a fine of P5, 000 to P10, 000.
(Estrada) should be cleared of the jueteng raps or the penalty should be reduced to a level proportionate to the offense supposedly committed under the anti-gambling laws by ordinary citizens,” he said.
The former senator noted that even the anti-graft courts Sept. 12, 2007, decision convicting Estrada of plunder cited the opinion of retired Supreme Court Justice Josue Bellosillo on the rationale behind the AntiPlunder Law on the coffers of the government and the looting of the national treasury.”
What has jueteng - covered by other laws and ordinances -to do with these?” Saguisag asked, adding that nothing in the history of the plunder law indicated that there was concern about jueteng.”
The Marcoses and the cronies were never prosecuted for jueteng. It was not on the radar screen of Congress. If indeed jueteng was made the focus of the plunder law, no one would have voted to make it punishable by reclusion perpetua and even death without scandalizing the civilized world,” Saguisag said.
He added: In a nation that worships casinos and racing and cockfight derbies, jueteng, the poor mans gaming, would lead to lethal injection or reclusion perpetua?”
Plunder, being a heinous crime, is punishable by life imprisonment or death by lethal injection. The death penalty was, however, abolished last year.


Posted by News Team | Filed Under Articles/Stories 

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