On Presidential Power of Pardon

September 12, 2020

 

Claiming the absolute exercise of Presidential power, President Rodrigo R. Duterte extended to Joseph Scott Pemberton full pardon thus expediting his release from detention at Camp Aguinaldo. This came as a surprise to everyone especially the family of his murder victim Jennifer Claude.  The President explained over broadcast media that he granted the absolute pardon to do away with the issue of whether or not Pemberton is entitled to the time allowance of good behaviour as granted by the Municipal Trial Court of Makati which ordered of release. At the time of the release order there were reportedly pending Motions for Reconsideration filed by the family of the victim for the order of release which was also joined by the Department of Justice through Secretary Leonardo Guevarra. In a print and broadcast media report, the Justice Secretary claimed that he was also surprised when he was called by the President and expressed his intention to extend absolute pardon to Pemberton. He was reported to have relented to the President as he sensed that he has already made up his mind. As of this writing, it is reported that the corresponding papers for the final release of Pemberton are under   process at the Bureau of Customs where there is a pending order of deportation. Truth to tell, the exercise by an incumbent President of his power to extend pardon to a convicted prisoner is absolute and beyond the pale of any legal question. It has been a tradition under our democratic system of government for the President to extend pardon to convicted prisoners on the President’s birthday or on Christmas day. But whether or not his exercise of this power on Pemberton is wise or not is debatable. To us, the President is answerable only to the public. Considering however, that there is a pending deportation proceedings against him before the Bureau of Customs, I believe that the latter should deport Pemberton by exercisings it power of deportation instead of just being allowed to leave the country like a free man.


TRIVIA:


Belated greetings to former governor and congressman Louie R. Villafuerte who celebrated his Nth birthday anniversary last August 30. I remember that when he was governor he would celebrate his birthday at the house of then Mayor Romeo Reyes in Pasacao as it is also our town fiesta. I was then also a member of the Sangguniang Panlalawigan.


Belated condolence also to Mely Saens and the rest of his family for the demise of her husband Atty. Manuel Saens after a lingering illness. 


Likewise in my own behalf and that of my spouse Minda I would like to express our most sincere condolence to Comadring Evelyn Fuentebella and the rest of the Fuentebella family for the untimely demise of former Speaker Noli Fuentebella. The family will just announce when Noli’s remains will be brought home to Partido.

 

QUOTATION OF THE WEEK:


“IT TAKES A LITTLE COURAGE TO CHANGE WHAT IS WRONG THAN TO DO WHAT IS RIGHT.”
                                                                                                                                                  DURAN


FOR OUR WORD OF LIFE:


FOR THE SAKE OF PROFIT MANY SIN AND THE STRUGGLE FOR WEALTH BLINDS THE EYES.”
                                                                                                                                            SIRACH 27:1

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