Probe sought into granting of executive clemency on brains behind Cochise-Beboom murder
04/14/2009 | 02:40 PM
MANILA, Philippines - Senator Francis Pangilinan has sought a congressional inquiry on President Gloria Macapagal Arroyo’s granting of clemency to the mastermind in the Cochise-Beebom double murder case.
Pangilinan filed Senate Resolution 969 directing the Senate to conduct an inquiry into the procedure used by the Board of Pardons and Parole in granting executive clemency to Rodolfo Manalili, who was convicted in the killing of Ernesto “Cochise" Bernabe II and Ana Lourdes “Beboom" Castanos.
On March 26, 2009, Mrs. Arroyo granted clemency to Manalili upon the recommendation of the Board of Pardons and Parole.
The resolution stated that while the power to grant executive clemency is provided under the Constitution, it should ‘involve the exercise of sound judgment and discretion on the part of the President."
“This power to grant clemency is not ministerial; otherwise the Board of Pardons need not go through the recommendation process to the President. They could easily sign the executive clemency themselves," said Pangilinan.
He said based on the amended guidelines for recommending executive clemency in the revised manual of The Board of Pardons and Parole, there should be “extraordinary circumstances present such that strict application of the law will result in manifest justice."
He said that these include harsh penalty compared to the crime committed, evidence which the court failed to consider, and prisoners who suffer from serious and life-threatening illness or severe physical disability.
“It appears that there aren’t extraordinary circumstances in the case of Manalili and this is what we seek to clarify in this Senate hearing," said Pangilinan.
The senator also asked the basis and grounds of the recommendation. “These questions can best be answered in the Senate inquiry. The board should explain the basis of their action."
He added that there should have been, at the very least, prior exhaustive consultation with the family and relatives of the victims, giving them an opportunity to express their opinion on the issue.
“This granting of clemency to Manalili undermines the faith of the Filipino people in the country’s judicial process and its ability to bring justice," Pangilinan said. - Amita Legaspi, GMANews.TV
Pangilinan filed Senate Resolution 969 directing the Senate to conduct an inquiry into the procedure used by the Board of Pardons and Parole in granting executive clemency to Rodolfo Manalili, who was convicted in the killing of Ernesto “Cochise" Bernabe II and Ana Lourdes “Beboom" Castanos.
On March 26, 2009, Mrs. Arroyo granted clemency to Manalili upon the recommendation of the Board of Pardons and Parole.
The resolution stated that while the power to grant executive clemency is provided under the Constitution, it should ‘involve the exercise of sound judgment and discretion on the part of the President."
“This power to grant clemency is not ministerial; otherwise the Board of Pardons need not go through the recommendation process to the President. They could easily sign the executive clemency themselves," said Pangilinan.
He said based on the amended guidelines for recommending executive clemency in the revised manual of The Board of Pardons and Parole, there should be “extraordinary circumstances present such that strict application of the law will result in manifest justice."
He said that these include harsh penalty compared to the crime committed, evidence which the court failed to consider, and prisoners who suffer from serious and life-threatening illness or severe physical disability.
“It appears that there aren’t extraordinary circumstances in the case of Manalili and this is what we seek to clarify in this Senate hearing," said Pangilinan.
The senator also asked the basis and grounds of the recommendation. “These questions can best be answered in the Senate inquiry. The board should explain the basis of their action."
He added that there should have been, at the very least, prior exhaustive consultation with the family and relatives of the victims, giving them an opportunity to express their opinion on the issue.
“This granting of clemency to Manalili undermines the faith of the Filipino people in the country’s judicial process and its ability to bring justice," Pangilinan said. - Amita Legaspi, GMANews.TV
