DOJ mulls recommending pardon for 'Abadilla 5'

Justice Secretary Leila de Lima on Tuesday said she may recommend to President Benigno Aquino III the granting of conditional pardon to the five men, collectively known as the "Abadilla Five," who were convicted for the murder of former Colonel Rolando Abadilla in 1996. "We're looking at the pardon mode. We will study that. I might recommend that. Absolute pardon is sparingly used. The president rarely gives that. So conditional pardon first, subject to conditions. If they [accused] violate conditions, the pardon may be revoked," De Lima said at a news briefing in Manila. In September last year, the Supreme Court affirmed the conviction of SPO2 Cesar Fortuna, Rameses de Jesus, Lenido Lumanog, Joel de Jesus, and Augusto Santos. They were found guilty by the Quezon City Regional Trial Court for the killing of Abadilla. The Court of Appeals later sustained the guilty verdict. In its ruling, the high tribunal gave weight to the lone eyewitness testimony of Freddie Alejo, the security guard who saw Abadilla's shooting. The SC also ruled that the elements of treachery and evident premeditation were present in the commission of the crime. Ten SC justices voted to convict the five men, four dissented, while four did not take part. 'No real closure' But on Tuesday, De Lima said that despite the Supreme Court's conviction of the five men, there seems to be "no closure" to Abadilla's killing because the human rights community still believes that those convicted may have been "fall guys." She added that if it is proven that the so-called Abadilla 5 were indeed tortured, this could boost their pending appeal before the high court. "Hypothetically, it can help [the appeal] because if they were tortured [then] the confession was made under duress," said De Lima. The "Abadilla 5" were supposed to go on a hunger strike, but the plan was thwarted after Ombudsman Merceditas Gutierrez agreed to expedite the review of their complaint that they were tortured by the police. Abadilla's killing Abadilla, former head of the Metropolitan Command Intelligence and Security Group of the Philippine Constabulary (now the Philippine National Police), was ambushed and shot dead in broad daylight on June 13, 1996 along Katipunan Avenue in Quezon City. In 1999, the Quezon City Regional Trial Court found the five accused guilty of killing Abadilla. The accused asked the Court of Appeals to reverse the ruling, but the appellate court affirmed their conviction in April 2008. The accused then elevated the matter to the Supreme Court, which handed down its decision on September 7 last year. — RSJ/KBK, GMANews.TV