The President’s pardoning Claudio Teehankee Jr. seems to have caused great offense. And yet first of all, it is an act that is irreversible. It is also an act that represents a net gain, politically, for the President regardless of its effects on public opinion.
If it is true, as the Justice Secretary claims, that the pardon was granted essentially upon the request of the convict’s brother, the President’s ambassador to the World Trade Organization, Manuel Teehankee, then the political context of the pardon becomes clear. Ambassador Teehankee has been a close and valued subordinate of the President, previously floated as a potential successor to the present Justice Secretary. The ambassador and his family also surely knew that they had a bigger chance of securing executive clemency now, than at any time previously or in the future: it involves a crime which accords absolutely no mitigating circumstances for the convict.
The Catholic hierarchy, too, is bound to the Church’s position of opposing the death penalty, and so cannot take the case too far -it would risk reopening the death penalty debate. The Church is too invested in opposing the Reproductive Health Bill, counts too much on the President being their ultimate bulwark in terms of exercising her veto power, not to mention doing her part to mobilize opposition to the bill in Congress.
The law-and-order types are also politically negligible now or in the near term. They failed to elect a law-and-order candidate for the presidency; they are not mobilized in Congress, on the local level, and will not be a swing vote in the Palace’s political projects: passing the 2009 budget and amending the Constitution.
The upper and middle classes will vent their spleen but nothing shows that they will divorce themselves from the President between now and 2010 (and who knows, even beyond). Those from these classes too stupid to have stayed out of jail in the first place can celebrate the release of Teehankee as a sign of potential presidential favors to come.
The poor, more often than not unjustly imprisoned, will continue to clamor for executive clemency and be supported in their appeals by the clergy.
So she pleases a subordinate she holds in high regard; she proves to her supporters up and down the line that she will bail them out; she knows sectors like the Church need her now more than ever, and those against her move have been against her anyway.
And public opinion? This, too, shall pass.
I thought that sitting presidents dispense those presidential pardons in the last 12 months of their term. Maybe GMA leaves even sooner than 2010?? 🙄
PS: I will not ask if he has been made enough penance, but does Claudio Teehankee Jr walking the streets of Makati pose a threat?
Oooops! [ Yeah, without knowing that his two arms had been chopped off, then this stalker hothead remains a threat. ] It should not be until at least 25 years in jail before clemency came into consideration for this convicted murderer (2 victims).
http://jlp-law.com/blog/people-vs-claudio-teehankee-jr-case-digest/
no, our presidents have the power from the moment they take the oath until the closing hours of their stay in office.
The greater offense is the way the Gloria’s subalterns have defended the pardon/commutation. Their reaction to the expressed disappointment of the Hultman family is shameless.
It’s not just about the Hultman’s now. It’s not about one’s being a threat either. The double murder is one thing. The crime against justice and a nation’s sensibilities is another. As if it has any of either!
The Hultmans were neighbours..I am so livid I would like to bitch slap Gloria!!!! I HATE her and that old fart, Rauil Gonzalez!
“I thought that sitting presidents dispense those presidential pardons in the last 12 months of their term. ”
Every year, Arroyo routinely dispenses pardons.
“The greater offense is the way the Gloria’s subalterns have defended the pardon/commutation. Their reaction to the expressed disappointment of the Hultman family is shameless.”
This is just to show that Philippine justice belongs to those in power. It is the old well-connected mentality which is pervasive in every structure in Philippine society. Nakakalusot dahil nan dyan si ninong, ninang, mga padrinos, atbp.
“Nakakalusot dahil nan dyan si ninong, ninang, mga padrinos, atbp.”
yes, all Filipinos knows this but no one does anything to solve the problem.
next.,,,let’s move on! hehehehe.
GMA seems to outdo herself each time she grants clemency. First the convicted plunderer, then the assasin, then the rapist, then a double murderer. The convicted multiple murderer and rapist Hubert Webb might be next.
“yes, all Filipinos knows this but no one does anything to solve the problem.”
In the Filipino psyche, it is not a problem so there is no conscious effort to look deeper into the culture and politics that created injustice and attempt a solution.
It is essentially considered a PRIVILEGE and TERRITORIAL. The arguments are clear in the following:
1. Executive Sec Ermita told the press that clemency is presidential prerogative and they should respect it. (To me, it does not need to be respected if wrong.)
2. Ermita added that Arroyo pardoned 285 in 2005, 389 in 2006 and 465 in 2007 and Mr Teehankee happens to be a prominent person (meaning very well connected).
Privilege and territorial is what Philippines all about as one aspire into public office from mayor up to the highest public office.
If you have the Power, why not ab-USE it?
What’s the brouhaha about pardoning a criminal? The moment an accused is convicted, the possibility of pardon starts. So what is new here?
Perhaps some sensibilities and sense of justice were touched, but who cares.
The moment we surrender to the idea that we, as a people, can pardon those who stole our ballots and swindle the treasury and live the motto of “lets move on” tells everything.
We cannot be selective as we just waived our right to be repugnant of what we deemed is unjust.
Actually, we condone. Always.
so true.
public opinion is now considered a mere fleeting fancy.
our attitude is affecting even the most ghastly crimes commited, that- “this too, shall pass…”
If there will be a debate for the 2010-new-president, be sure to ask them what guidelines they will follow with regards presidential pardons.
Much more important than pardons, however (in my opinion) will be to find out the 2010-candidates’ thoughts on Bangsamoro Juridical Entity.
Ths power should be taken away from presidents when it comes to convicts of heinous crimes. They’re public servants, not royalty.
To those poor guys in the slammer and everywhere else please note the fact that rules for royals are different than the rules for peon’s.
More power to the royals!!!!!! Marcos pa rin.. We need one of the royals to step up…..
It seems that the clamor for removing president GMA has died a natural death. The politicians who are eyeing the presidency are busy chopping down each other.
Whoever will replace her will just be a clone of our previous chief executives. There seems to be no real outrage in every sector of our society to affect meaningful change. No strong grassroots support in pushing radical political and economic reforms. No single leader capable enough in unifying our people.
Our elected presidents are reduced to putting out fires two thirds of their terms and the remaining one third as a sitting duck president. Im waiting for the day that we as nation will be able to finally make it right.
These royals wouldn’t last a day if they only clarify their rank. They don’t even belong here. Intelligent men need to weigh in the consequences before the consequences fall on their heads.
Everyone is right, of course, we allowed this to happen. it’s not like GMA can top Hello garci. I’ve always said it many times. That was the scandal to end all presidential scandals.
Another important decision of the state is the decision of the SC to declare that Boracay is all state owned.
Everyone is an implicit lessee. Boracay is all a leasehold hold system.
Under the Reagalian doctrine Big Mike and GMA can now move to sell it with Congressional fiat which she can easily manage. Nograles and Villar could be the investment bankers to package the deal.
UPn, every president henceforth will be fettered by the BJE. The agreement was signed, and even if officially rescinded, it will form the parameters for every discussion on the subject henceforth.
I agree with glu gun (at 10:01 am) and Brianb (1at 1:45 am) Those who’ve signed on to the Let’s Move On mantra after Hello Garci are reaping what they have sown (along with the rest of us).
UP n grad,
“If there will be a debate for the 2010-new-president, be sure to ask them what guidelines they will follow with regards presidential pardons.”
You don’t get it, do you? You still think these presidentiables are still ordinary politicians. GMA has crossed the line and we moved that line in turn. Historians and sociologists are either dumb or playing dumb but countries that have fallen this far off from their moral principles are ripe for a military takeover and a new dictatorship.
I mean, isn’t everyone surprised? I know Benig0 isn’t.
To reinforce Brian’s point (at 7:29 pm), as per Hobbes, the State (as constituted by Society) is supposed to protect us from the state of nature where life is ‘nasty, brutish and short’. By our apathy (specifically civil society’s apathy), we have allowed the state of nature to be reproduced within the State.
Raw nerves were indeed touched. Maureen Hultman’s peers are in their 30’s now and among my friends this is the group that are most vociferous about the pardon.
The Inquirer editorial suggests that Congress legislate to put reason into this presidential privilege. I think it’s being short-sighted and reactionary. No need to punish future presidents because the current one hasn’t got taste (or has an accomodation to bestow).
I wonder what proportion of those 290+ pardoned convicts belong to the upper classes? Because if say only 10% or less than that come from rich families, then we might be guilty of reverse elitism by singling out Teehankee.
Suggestion….removed the power of the president to pardon criminals. After all, he is just an elected president. He does not know what is really going on with this criminals during their terms in Munti. Let the Board of Pardon decide this, the members know the details.
to the move on crowd….let them rot in h…..!
ay mali…remove the power and… these criminals. hindi ako sanay mag type, laging dictation, sorry.
“I wonder what proportion of those 290+ pardoned convicts belong to the upper classes? Because if say only 10% or less than that come from rich families, then we might be guilty of reverse elitism by singling out Teehankee.”
But how many rich people are tried, convicted and actually jailed in Munti, maybe less than 1%, the vast majority of those languishing in jail are poor without access to non corrupt lawyers.So if 10% pardoned criminals are rich then, let’s do the math.
Although Presidential pardon/clamency is a presidential prerogative,it still needs to have somekind of moral consideration for a sitting president to use this prerogative,but as we all know,The ARROYO presidency is a going out with this thug concept,As much as we all know, how she came to power,and in as much as she and her lapdogs dispute her qualification,We are now witnessing the quality of her classification…it would be really embarassing to admit that a person like the arroyo;s( her retarded children included), who cannot and does not really have the right caliber fir for an international statemen/women, her speeches and punchline are so predictable and boring,her accent ,posture and her use of the english language on her international speeches are so generic,and mostly self promoting, that most of the people that ever listen to hetr could not actually concentrate,because of all the inaccuracy of most if not all her speeches…with that being said, the true color and agenda of this president are now being witness and felt by our people, and it is so sad, sad that her true intention was on how to delay,deny,deviate and if nothing works admit and downplay any irregularities that she and her lapdogs commit..they will attack people’s integrity, they have breach our constitution and violate and circumvent any laws of our land…with so many people displace in mindanao,loved one died,homes burned,livleyhood gone all for what????sad….MAY GOD HELP OUR PEOPLE,AND BLESS THE FUTURE OF OUR YOUNG GENERATION…
Yeah, let’s do the math. Say 1% of convicted criminals come from the upper class, then that gives you 3 slots at most to fill with rich convicts among the 290+ cases to pardon, if you were to avoid favoring the rich.
The point I’m making is that granting clemency to someone because he is rich is as unfair as NOT granting clemency to someone because he is rich.
“…the vast majority of those languishing in jail are poor without access to non corrupt lawyers”
You referring to the Spanish colonial period?
The writ of habeas corpus is still in our Constitution right? How does someone land in jail without a trial where a lawyer has to represent you?
i agree with brianb. the best you can expect henceforth is more of the same and things are so out of kilter that this ends up prolonged, the temptation for a napoleon-in-waiting will be irresistible.
likei said, the crime had no mitigating circumstances and good behavior may lead to a complicated formula for eventual pardon for convicts, but officialdom itself admitted the procedures weren’t followed.
i am opposed to removing the president’s power to pardon, the president takes an oath to do justice to every man, and it is in itself a fine opportunity to exercise what the courts cannot do, which is give mercy.
the problem is in the way the system’s out of whack so that the normal considerations that calls for the prudent use of this power are now obsolete -for so long as the present incumbent’s in power.
surge the gates!!!!
This alternative Nobel for Literature can be your new reading list:
http://www.greatbooksguide.com/altnobel08.html
MLQ,
We have oil now. A lot easier to sustain an economy under a military dictatorship, eh?
http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20081010-165604/Galoc-starts-producing-oil
^ lol what can 6% do?
yep, the time may be right, but looking at the roster, there are no possible takers..
What is the similarity: Manuel Tehankee pleading with Arroyo to show mercy to his brother; and Arroyo pleading with the king of Saudi Arabia to show mercy to convicted filipino felons?
In both cases, political accomodation was used to grant mercy.
And isn’t it requiring mitigating circumstances for granting mercy essentially regulating the power to grant it?
Nothing at all, Carl, except that she has to tell the Filipino People the reasons behind the Clemency, not with these palace mouthpieces telling the public that Mr. Teehankee had done his time with good behaviour considered and there was no commutation and comes the Secretary of Justice with different story and also it would have been proper if there was a process which should be followed for every convict, not just the high and the wealthy. It was the perceived Lies behind all these and the selective way it is applied that again split the public.
And lost in this all are the Victims’ family. Even in Islamic Law the fate of the convict is in the hands of the victim’s families, a simple forgiveness and the perpetrator is Free. And here the families were not even informed of the decision beforehand…that is just not acceptable.
oh so all these fuss it all about Gloria not behaving according to the dictates or standards of certain groups of people again. Is not really the act of granting clemency at all. May karapatan nga mag relamo ang grupong eto.
To me it doesn’t matter much wether gloria is the one personally explaning it or her spokesperson.
rego, i did not mean to say GMA to personally tell the People the reasons, but if you read the press releases of the Administration spokepeople each was telling different stories contradicting each other..and they are ALL officially representing the President, otherwise they had been fired out long time ago..
side-topic: Watch out for Christmas 2008. It will be worse than last year. The Wall Street financial contagion has already spread to Abu Dhabi/Dubai etcetera. Translation — many more OFWs may be headed home for Christmas because they’ve been fired.
OFW going to home to their families is good always a good news to me. If that the impact of these world finacial crisis then that is a welcome development. Now what I wanted to see is: are teh peopel who are opposed to Phil “:Labor” Export ready to accomodate this returning laborers?
mlq3: UPn, every president henceforth will be fettered by the BJE. The agreement was signed, and even if officially rescinded, it will form the parameters for every discussion on the subject henceforth.
BJE wrapped in the flag? That would be desecration. So what? As long as it stays wrapped.
Mangahas did the math (in the manner that survey math is done) and he says that even with :
The very bad -50 in July 2008 was, no doubt, due to this year’s rice price crisis. The fall from a neutral -3 in June 2007 is similar in scale to the radical drop in President Fidel Ramos’ rating from a very good +50 in December 1994 to a neutral +1 in October 1995, undoubtedly due to the rice price crisis that also occurred that year.
that GMA governance is not all bad.
http://opinion.inquirer.net/inquireropinion/columns/view/20081011-165849/Governance-Not-all-bad
We can cushion the impact of the global crisis. We can use farm tractors in Mindanao, instead of planes. Bring home the refugees. Let them till the land while the AFP keep watch or help man the machines. They’d rather sweat it out in the fields than starve elsewhere. And give them food and production inputs, not guns. The farmers can save us. If we save them first.
Let us see as to how people vote when in a crisis. In spite of the worst financial crisis in finance in 70+ years caused by an absence of government in some sectors people are rushing to put their money in U.S. government securities for safekeeping. U.S. interest rates are moving to almost zero for short terms. The Fee only sets overnite lending rates. markets set the other rates.
There are dollar outflows since the rush to safety is on. The U.S. just raised their debt ceiling. The world grudgingly still will have to keep their savings in dollars as there is no place to go to in times of crisis.
Almost no one is raising a peep about the plan to buy shares in financial institutions in the U.S. by the State.
That will essentially recapitalize banks with public money.
History is about to repeat itself.
To digress- this bill made the derivatives industry outside the purview of the regulators.
The complex derivatives are now known as the financial weapons of mass destruction that is bringing down the worlds financial system…
The “Commodity Futures Modernization Act of 2000” [H.R. 5660 was introduced in the House on Dec. 14, 2000 by Rep. Thomas W. Ewing (R-IL) and cosponsored by Rep. Thomas J. Bliley, Jr. (R-VA) Rep. Larry Combest (R-TX) Rep. John J. LaFalce (D-NY) Rep. Jim Leach (R-IA) and never debated in the House.[2]
The companion bill (S.3283) was introduced in the Senate on Dec. 15th, 2000 by Sen. Richard Lugar (R-IN) and cosponsored by Sen. Peter Fitzgerald (R-IL) Sen. Phil Gramm (R-TX) Sen. Chuck Hagel (R-NE) Sen. Thomas Harkin (D-IA) Sen. Tim Johnson (D-SD) and never debated in the Senate.