Aquino: Govt reviewing guidelines for executive clemency

President Benigno Simeon Aquino III said the government is reviewing the guidelines for "executive clemency," which includes the granting of presidential pardon to criminals. In an interview with Palace reporters on Monday, Aquino said he wants the process for executive clemency reviewed because he is hesitant about reducing the sentence or granting pardon to those convicted of crimes such as rape and drug pushing. "Yung mga unang kasong hinarap sa 'kin [for executive clemency] parang nabibigatan akong pirmahan. Meron ho kasing nesentensyahan sa rape at attempted rape. Meron pong sa drug pushing. So we are reviewing the entire policy of granting commutations, pardons etcetera," he said. (I find it difficult to sign the papers of the first cases presented to me for executive clemency. There was one who was sentenced for rape and attempted rape. Another was sentenced for drug pushing.) Aquino expressed his qualms about granting executive clemency two months after he signed a proclamation granting amnesty to military and some police personnel who attempted to overthrow the Arroyo administration. Among the expected beneficiaries of the amnesty is Senator Antonio Trillanes IV, who, like Aquino, is critical of former President Gloria Macapagal-Arroyo. Under Article VII, Section 19 of the 1987 Constitution, the President has the power to grant executive clemency to convicts. The same provision gives him the power to grant amnesty, upon the concurrence of the majority of Congress. Upon the recommendation of the Board of Pardons and Parole (BPP), the president can grant pardons, commute sentences, or defer the implementation of sentences. In October 2007, Arroyo granted executive clemency to former president Joseph Estrada, whom the Sandiganbayan sentenced with up to 40 years in prison for plunder. The following year, in 2008, Arroyo granted executive clemency to convicted killer Claudio Teehankee Jr., the son of a former chief justice, who had been detained since 1991 for the murder of Roland John Chapman and Swedish-Filipino Maureen Hultman. Teehankee had been sentenced to one count of reclusion perpetua and two counts of prison mayor to reclusion temporal which carry a jail term of 20 to 40 years and 12 to 20 years, respectively. He was reportedly freed for "good behavior." Assessing danger to the community Aquino said the practice of reducing prison terms because of "good behavior" should be assessed to see if releasing convicts of heinous crimes poses a "danger to the community." "Nirereview namin yung bung policy of how we grant these commutations. [I want] a more thorough system for vetting and granting of pardons at parole. And also siguro more participation by the offended families, victims," he said. Justice Secretary Leila de Lima said the outcome of the review may make it harder for those convicted of "high crimes" such as rape and drug pushing to be granted executive clemency. "We tend to be very restrictive and stringent pagdating sa mga high crimes and he wants that put in the guidelines kaya pinag-aaralan namin," she said in an interview in Malacañang on Monday. De Lima said she has recommended to Aquino that the chairmanship of the BPP be returned to the Justice Secretary to allow her to be more "hands-on" in selecting convicts to be considered for executive clemency. De Lima noted that Arroyo made a presidential issuance during her term that removed the chairmanship of the BPP from the Justice secretary. "I have a recommendation that the chairmanship be returned to the secretary of Justice. I think he [Aquino] is open to that," De Lima said. "At least we can ensure that the processes will be closely monitored by the secretary of Justice. I'm having a hard time with the review of cases because I don't attend the BPP's sessions. It is supposed to go through a stringent process," she added. - with Sophia Dedace, VVP, GMANews.TV