DOJ: Erap can’t escape jail despite senior age

An official of the Department of Justice Wednesday said that former President Joseph Estrada, who was convicted by the Sandiganbayan of plunder, might not be able to elude incarceration despite his being 70 years old. Estrada was meted a life imprisonment. However, he was acquitted of the offense of perjury. His co-accused son Senator Jose “Jinggoy" Estrada and lawyer Edward Serapio were acquitted of plunder and perjury raps. The official, who requested anonymity, said Estrada will not be covered by provisions under the Revised Penal Code, which prescribes the downgrading of sentence if the convicted felon is 70 years old and above. Under Article 13 (2) of the RPC, an offender who is either 18 years of age or over 70 years can avail themselves of the privilege mitigating circumstances that will enable them to serve a downgraded sentence. Estrada is 70. The criminal offense of plunder used to be punishable by death or reclusion perpetua. "This provision will not apply to Estrada although he is entitled to the privilege (of a downgraded sentence), being over 70 years old. The nullification of the death penalty last year does not cancel or eliminate the jail term of convicts," the DOJ official said. Public Attorney Percida Rueda-Acosta said Estrada could still be freed if he avails himself of an executive clemency, an option that the former president has rejected, saying that it is tantamount to an admission of guilt. "The fastest and most practical that could be given to him for executive clemency is pardon. Executive acts are the prerogative of the President," Acosta said. Acosta said that the Board of Pardons and Paroles, an attached agency of the DOJ, recommends prisoners for executive clemency like pardon, parole, commutation of sentence and reprieve, but the President on her own can grant pardon, or order the board to review a case. Acosta also said those sentenced to reclusion perpetua are not eligible for parole, but she explained that Estrada could still be entitled to parole if the board commutes his sentence. Among the factors taken into consideration when recommending conditional pardon or commutation of sentence are when the prisoner is 60 years old and above, when he has serious illness or other life-threatening disease, those with physical disability, those who are youthful, or when there are circumstances which show that his continued imprisonment will be inhuman or will pose a grave danger to the life of the prisoner or his co-inmates. For his part, lawyer Marlon Manuel, spokesman of the Alternative Law Groups, sees nothing wrong with Estrada's continued detention at his Tanay, Rizal, resthouse, adding that his conviction is not yet final and it may still be appealed at the Supreme Court. The case not being final, Manuel said Estrada can still exercise his right to bail or at the least, request for his continued house arrest instead of at the National Bilibid Prison. - GMANews.TV