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By Angelo S. Samonte And Jomar Canlas, Reporters
Joseph Estrada is asking President Gloria Arroyo to grant him an
unconditional pardon after he withdrew his appeal before the
Sandiganbayan, which found the former president guilty of plunder.
The disgraced leader had previously said he was
innocent and refused to recognize his removal from office.
On Monday, acting Justice Secretary Agnes
Devanadera said Estrada’s lawyer, Jose Flaminiano, sent a letter
to Mrs. Arroyo appealing for a “full, free and unconditional
pardon” for the former president.
Flaminiano signed the letter, and Devanadera
said he had Estrada’s consent to write Mrs. Arroyo.
“In the highest national interest, to which
President Estrada is always willing to subordinate his own, we
appeal to your excellency to grant him full, free and unconditional
pardon,” Flaminiano said in his letter.
The letter said Estrada believed there was “a
slim chance” that his conviction would be reversed, and he was
concerned his eventual transfer to a proper prison cell “may
generate bad feelings” among his supporters.
“His ouster from the presidency and to live
with that humiliation for the rest of his life was a severe
punishment in itself and may be equivalent to serving a long jail
term,” Flaminiano said.
Estrada’s request will be processed by the
Department of Justice (DOJ), Devanadera said, adding they are yet to
get a copy of his petition to withdraw the motion for
reconsideration. The DOJ will submit a recommendation to Mrs. Arroyo
after a week, she said.
But Devanadera added, “Granting an executive
clemency is solely a President’s prerogative.” But there are
legal impediments to this.
Once the court grants the withdrawal, the guilty
conviction can become final and executory. And that clears the way
for a pardon.
“There must be finality before the President
could grant a pardon,” Devanadera said.
Justice will not go against the President’s
legal and political advisers who negotiated with Estrada for a
possible pardon after the Sandiganbayan convicted him, she added.
Presidential Legal Counsel Sergio Apostol said
he favors granting Estrada a pardon, and Interior Secretary Rolando
Puno negotiated with the former president. But talks failed, because
Estrada refused to admit he was guilty.
Motion to withdraw
At the Sandiganbayan Special Division, Estrada
withdrew his motion for reconsideration on Monday.
There were no details given in the motion, which
he signed.
Flaminiano said, “The former president has
given his lawyers the prerogative to the withdrawal of his motion
for reconsideration. There are so many factors that have to be
considered like pursuing unity in the country.”
He added Estrada did not see the point of taking
his appeal all the way to the Supreme Court. According to his
lawyer, Estrada said that would be an exercise in futility, and it
will not justify his six years in detention.
Estrada was convicted on September 12, after a
six-year trial. He is serving his life term at his rest house in
Tanay, Rizal.
Reactions
Meanwhile, Special Prosecutor Dennis
Villa-Ignacio said he has mixed feelings about this development.
“I think former President Estrada was able to
realize that he does not have a strong case,” he noted. “The
arguments in his motion for reconsideration are merely rehashed.”
He said he thinks Estrada suspected his motion “will not be
granted by the Sandiganbayan.”
Villa-Ignacio said a pardon given to Estrada
will only erase his criminal liability, but not his civil liability.
The 70-year-old Estrada had been found guilty of
illegally building up a personal fortune of more than $80 million
through insider trading and payoffs from gambling operators.
He was toppled in a bloodless, military-backed
popular uprising in 2001, spawned by the corruption scandal that led
to his impeachment.
--With AFP
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