Monday , August 8 2022

 Ignorance of the law excuses no one

00 kontra salot afuangNOT EVEN THOSE HONORABLE “KUNO” FUCKING MAGISTRATES IN THE SUPREME COURT WHO ARE MAKING MOCKERY OF THE LAW IN OUR COUNTRY. FUCK YOU ALL!!

Narito po Bayan ang Isang SIPI na Ibinigay sa Inyong Lingkod, na Naglalaman ng Isang MATINDING PALIWANAG na OPINION LEGAL na DAPAT SUNDIN ng Naayon sa Ating BATAS. Lalu’t Higit sa ISYU ng PAGPABOR ng 11 JUDES  MAGISTRATES ng KORTE SUPREMA sa KASONG DQ ng CONVICTED CRIMINAL ‘HERAP’ EJERCITO ESTRADA. LORD PATAWAD! PWE!

 

MEL STA.MARIA / SC ESTRADA Ruling on Absolute Pardon Exponentially Raises IMPUNITY

By: MEL STA.MARIA

Janaury 28,2015 8:08 AM

Recently, the Supreme Court characterized the clemency granted to former President Joseph Estrada as an “absolute pardon”. This means that, unless other wise provided by the Constitution, the principal punishment of incarceration and all accessory penalties such as disqualification from public office have been erased –  as if they were not imposed at all. The decision was not unanimous. Three magistrates, including the Chief Justice, dissented.

If this decision finally without any modification, this judgment might forever mark the reputation of the Supreme Court. Why? Because it exponentially raises the degree of impunity in our country for criminal acts committed by public officials.

Executive Pardon is an extraordinary presidential prerogative.  Rarely can the exercise of such power of clemency be questioned.  Legally, what it actually does is to disturb or halt the effects of justice lawfully administered by a separate branch of government, the Judiciary.

But if there is an ambiguity in the pardon’s effects, the power is not questioned but merely its application. Is the pardon absolute or conditional? Answering that question is important because, if the pardon were absolute, the greatest freedom is irrevocably granted, but if it were conditional,  suffering the consequences of a crime is revivable. The vagueness of the wordings of the Estrada-pardon must be resolved in favor of the people of the Philippines which filed the case and successfully proved, beyond reasonable doubt, that the former public officials, while in his high public office,  committed a crime by amassing ill-gotten wealth in the amount of more than P50,000,000. The ambiguity must be resolved in favor of conditional pardon.

This must be so far, after all, the Constitution which provides the power of executive clemency emanates from the sovereign people. There can be no other greater vindication of the people’s violated right, which both the Executive and Judicial Department are duly-bound to upload, than for a criminal to know that crime does not pay.

But for us, the citizenry, more than just being concerned about the legal entanglements of an executives clemency between the Executives and Judicial department, it means that the accountability of the person is obliterated.And if one considers that the person involved was no less than the President of a country, it simply means that, subject to exception, said President is no longer answerable to the people for the despicable crime he was found guilty of.

This smacks of IMPUNITY, because no less than an executives pardon- a privilege granted by the people to the Office of the President- has been used as the very instrument to frustrate the right of the people to hold accountable ,a person who holds the highest public position in the country.

And now we have another branch of the government, the Judiciary personified by the Supreme Court, stating that even the very conditional that enabled former President Estrada to be free of any accountability to the people for the crime of Plunder no longer exists precisely because the pardon granted to him was absolute, not conditional.

From the wordings of the pardon granted by then President Gloria Macapagal Arroyo, there is no question in my mind that it is a conditional, and not an absolute pardon.

The third “WHEREAS” clause (which explains why the executives pardon was given) is explicit. The document categorically states that “Joseph Ejecito Estrada has publicly committed to no longer seek any elective position or office”. Considering that PLUNDEER was the offense involved in the pardon, this “Estrada-commitment” was the most important consideration for the grant of clemency. After the WHEREAS clauses, the instrument of pardon provided: (To be continued)

***

Ugaliing manood sa Royal Cable TV Program Kasandigan ng Bayan” Martes at Miyerkules 9 to 12 noon. Mayor Abner Afuang with Royal Cable TTV-6 Manager & Southern-Tagalog Broadcast Journalist Assn-Inc President Cris Sanji.

Maraming Salamat po. Godspeed.

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