THE MERCIFUL PRESIDENT
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Prior to the decision to approve Juan Francisco Larrañagaâs overseas transfer, the Arroyo administration had decided in favor of some of the countryâs most controversial and high-profile convicts. In June 2007, President Gloria Macapagal Arroyo announced the commutation of the jail term of former Zamboanga del Norte Rep. Romeo Jalosjos from two life terms to 16 years, three months and three days. Jalosjos was convicted for the rape of an 11-year-old-girl in 1996. Jalosjos was freed last March after his jail term was further reduced to 13 years, five months and 15 days because of the former lawmakerâs supposed âgood conduct" while serving his term. In November 2007, Mrs. Arroyo granted executive clemency to Sgt. Pablo Martinez, one of 15 people convicted of killing former senator Benigno âNinoy" Aquino Jr. and his alleged gunman, Rolando Galman in 1983. Two other men convicted in the Aquino-Galman killings, Felizardo Taran Jr. and Rolando de Guzman, were pardoned by Arroyo in 2009. In January 2008, then Justice Secretary Raul Gonzalez signed the release papers of Norberto Manero, Jr., who was sentenced to
reclusion perpetua for the slay of Italian priest Tulio Favali in 1985. Manero was granted conditional pardon during the administration of former President Joseph Estrada. In May 2008, Mrs. Arroyo freed nine officers of the Magdalo force who attempted to overthrow her administration through a mutiny in Makati Cityâ s Oakwood Hotel in July 2003. Then Armed Forces chief-of-staff Hermogenes Esperon recommended the pardon of the mutineers after they expressed support for the administration. In October 2008, Arroyo also pardoned Claudio Teehankee Jr., who was convicted in 1995 for the murder of Roland John Chapman and Swedish-Filipino Maureen Hultman. Teehankee Jr. was initially sentenced to one count of
reclusion perpetua and two counts of
prision mayor to
reclusion temporal, carrying a jail term of 20 to 40 years and 12 to 20 years, respectively. But Mrs. Arroyoâs made her most controversial pardon when she granted executive clemency to former President Joseph Estrada in October 2007. Estrada was found guilty of plunder and was initially sentenced to
reclusion perpetua or up to 40-year imprisonment.
- ANDREO C. CALONZO, GMANews.TV Following the Department of Justice (DOJ)âs approval of the transfer to Spain of a prisoner convicted for the abduction, rape, and murder of the Chiong sisters in 1997, lawyers on Saturday criticized the Arroyo administration for its supposed tendency to render âmercy" for the ârich and powerful." While the lawyers did not contest the legal basis of Juan Francisco âPaco" Larrañagaâs transfer to a Spanish prison, they questioned the moral acceptability of the administrationâs decision. âWhile legally, we cannot question the decision since it is based on a treaty, we can see here a series of unjust exercise of President (Gloria Macapagal) Arroyoâs mercy in favor of prominent persons and members of powerful families," said Marlon Manuel, head of the Alternative Law Groups. But the Palace denied having a hand on the DOJâs decision to transfer Larrañaga to Spain. Press Secretary Cerge Remonde said over
Radio ng Bayan on Saturday that the matter âis up the courts," and that âMalacañang has nothing to do with this."
For Pinoys detained in Spain The DOJâs decision on Larrañaga was based on the Transfer of Sentenced Persons Agreement between the Philippines and Spain, which allows the physical transfer of Filipinos incarcerated in Spanish prison back to the Philippines, and vice versa. The agreement stemmed from the RP-Spain Treaty on the Transfer of Sentenced Persons, ratified by the Philippine Senate on November 26, 2007, and by the Spanish Senate, 20 days earlier. Sen. Miriam Defensor Santiago, then chairperson of the Senate foreign relations committee who sponsored a resolution for the ratification of the treaty, said in her Nov. 19, 2007
sponsorship speech that the pact âaims to ensure the reformation and rehabilitation of Filipinos detained in Spain." She said that at the time, there were nine Filipinos detained in Spain, seven of whom had been convicted. The first beneficiary of the pact was, however, not a Filipino convicted in Spain, but Larrañaga, who has a dual Filipino and Spanish citizenship. The then 19-year-old Larrañaga, along with six others, was found guilty of committing the crimes against beauty queen Marijoy Chiong, and her sister Jacqueline on July 16, 1997 in Cebu City. The DOJ decision came out in the news days before the 33rd and 31st birthday of Marijoy and Jacqueline on September 8 and 9, respectively. The Chiong sisters' mother, Thelma, said she would question the DOJ's authority to decide over Larrañaga's transfer to Spain. Paco, now 32 years old, is the son of former Basque pelotari Manuel Larrañaga, and Margarita Gonzalez, granddaughter of the late President Sergio Osmeña, and a cousin of former senator Sergio Osmeña III. Larrañaga was sentenced to death by lethal injection on February 3, 2004, but was saved by President Arroyoâs abolition of capital punishment on June 24, 2006. âThere are many poor individuals that should be recipients of the Presidentâs merciful attitude, but these powerless prisoners have not merited the attention of the President because they are neither politically influential nor rich," Manuel said. The administration had been criticized in the past for its decisions that allegedly favored some of the countryâs most controversial and high-profile convicts such as Romeo Jalosjos, Roberto Manero, Claudio Teehankee Jr, and former President Joseph Estrada.
(See Side Bar) Privileges for the powerful Evalyn Ursua, the former counsel of Suzette âNicole" Nicolas in the Subic rape case, shares Manuelâs view. âThe pattern has been set by this administration. Privileges are only given to prisoners who are members of the rich and the powerful," she said. â
âYung mga mahihirap, sorry
na lang sila (The poor prisoners, all they can do is to feel sorry)," Ursua added. When the proposed RP-Spain treaty was being tackled at the Senate in November 2007, Sen. Jinggoy Estrada asked Santiago if she was aware of the case of Larrañaga. Estrada indicated that he would object to the ratification of the proposed pact if it would just benefit the said convict. Santiago knew about Larrañagaâs case at the time when she sponsored the proposed pact. She told Estrada that Larrañaga was under detention in Cebu and that the convictâs motion for reconsideration was denied by the Supreme Court whose decision became final on April 11, 2006. During the November 2007 deliberation on the proposed treaty, Santiago also said that it was Spain that initiated the treaty. She urged her colleagues to âconcur immediately" with the ratification of the proposed pact. The senator cited President Arroyoâs state visit to Spain on December 3 and 4, 2007 and the Spanish governmentâs ⬠19-million official development assistance to the Philippines as among the reasons why the Senate should ratify the proposed treaty.
Taking into account his good conduct time allowance (GTCA), Larrañaga whose sentence was reduced to reclusion perpetua, still has to serve 14 years, nine months, and 28 days in prison. Without the GTCA, Larrañaga's jail time would have been 25 years, two months, and one day. University of the Philippines law professor Harry Roque claims there is a legal basis for Larranagaâs transfer to Spain. âThere is a treaty that says we can exchange prisoners. There is also justification, since the state of prison facility here in the country is really torturous," Roque said. But Ursua said that instead of making efforts to free or transfer high-profile prisoners, the Arroyo administration should exert effort in improving prison facilities in the country. âWhy not improve on our jails and insist our right to punish our own criminals?" she said.
- GMANews.TV