The Issue:
The camp of former President Joseph Estrada has asked President Gloria Macapagal Arroyo to grant him pardon now that his lawyers have withdrawn their appeal to the Sandiganbayan’s guilty verdict on plunder charges.
Acting Justice Secretary Agnes Devanadera said Estrada withdrew his motion for reconsideration and appealed for a “full, free and unconditional pardon.”
Excerpts of the defense panel’s three-page letter to President Arroyo, signed by Estrada’s counsel Jose Flaminiano, was read on dzBB radio. The letter was dated October 22.
It stated: “Today we filed a withdrawal of his motion for reconsideration. President Estrada, himself, believes that appeal to the Supreme Court would be futile or even the possibility of a favorable judgment will not justify several more years of detention.”
Flaminiano also wrote that the “delicate condition” of Estrada’s 102-year-old ailing mother, Doña Mary Ejercito, “deteriorated when she learned of what has befallen her son.”
He added that Estrada’s ouster from the presidency and the “humiliation” that came with it was enough punishment already.
Warning of “bad feelings” that may “boil” should Estrada be locked up at the National Penitentiary, Flaminano appealed to Mrs Arroyo, “In the highest national interest, which President Estrada is always willing to subordinate his own, we appeal to Your Excellency to grant him full, free and unconditional pardon.”
Estrada faces up to 40 years imprisonment after the Sandiganbayan found him guilty of plunder last September 12. He continues to maintain his innocence.
Lost cause?
Interviewed on dzBB radio, Flaminiano said Estrada gave his consent to send the letter to Mrs Arroyo.
“I’m leaving my faith entirely in your hands, I have faith and confidence in your good judgment,” Flaminiano quoted Estrada as telling him.
Flaminiano said the defense panel felt that the motion for reconsideration was doomed, after Presiding Justice Teresita de Castro allegedly stated that the Sandiganbayan Special Division will stand by its “original guilty verdict.”
Devanadera said three-page letter signed was dated October 22, or a day after Estrada ended his four-day extended furlough.
Estrada used his latest furlough to visit Doña Mary Ejercito at a San Juan City hospital and attend oral deliberations on his appeal at the Sandiganbayan.
President’s call
Devanadera said the Department of Justice will review Estrada’s appeal within the week and promptly submit their position to President Arroyo.
“We must be able to determine that there is really finality and that the withdrawal is really worded in a manner that it will result in the finality of the decision … for as long as there is a final conviction, the decision is final and executory, then we can start making the recommendation,” Devanadera said.
Mrs Arroyo can decide, Devanadera said, whether or not to fully or partially restore civil and political rights to Estrada.
She added that the 70-year-old Estrada was just being practical in seeking pardon, because the court room battle may last 10 years.
Earlier this month, the Estrada camp announced that it was ending talks with Malacañang for a possible granting of pardon.
Cagayan de Oro Rep. Rufus Rodriguez, a spokesman for Estrada, earlier said that, “We believe this government is not sincere in talking with us.”
Failed talks
Ronaldo Puno, Interior secretary and concurrent presidential political adviser, last month initiated talks for the pardon grant with Estrada at the latter’s rest house in Tanay, Rizal.
Initial discussions, however, failed and eventually prompted Estrada’s lawyers to continue their filing for a motion for reconsideration before the Sandiganbayan.
On October 3, the Estrada camp rejected the “conditional pardon” offered by Malacañang saying the conditions laid down by the administration were not acceptable to the former president.
Estrada’s lawyers then said Malacañang wanted the former leader to apply for a pardon, admit his guilt, and wait for a final conviction by the court before he is granted a presidential pardon. – GMANews.TV 10/22/2007 | 04:52 PM
(Updated 6:13 p.m.)
The Opinion:
Former President Joseph Estrada’s act of withdrawing his appeal to the Sandiganbayan is a proof that he already lowered his pride. The anxious manifestation of Estrada’s appeal to the Sandiganbayan has flushed all the accents of denial. It was an appaling decision. The noble truth that pardon does not mean guilt at all was warmly accepted by their party.
Now the verdict of Estrada’s fate lies in the hands of President Gloria Macapagal Arroyo. The wheel has already turned for both parties. And it would be an abstract conclusion for the former commander-in-chief since the administration has interred the pardon in the past.
I am now seeing that if Estrada was given the “unconditional pardon,” our country’s judicial image would likely be a massive circus show for other countries Since justice for big people with big sins are now treated with cakes. Too bad!
