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Claudio Teehankee Jr. was entitled to be recommended for commutation
as early as five years ago or in 2003, according to the Department
of Justice’s guidelines for recommending executive clemency.
Justice Secretary Raul Gonzalez also clarified
Wednesday that Teehankee’s double life sentence was covered by the
commutation of sentence granted by the President, citing Article 70
of the Revised Penal Code.
Prison records showed that Teehankee, 67, only
actually served a prison term of 17 years, two months and three days
as of October 7.
Following the line of the Justice chief, a
senior Justice official, who requested anonymity, said Teehankee
while in prison got an additional credit of more than four years for
his good behavior.
He explained that under the “credits system”
of the Board of Pardon and Parole, Teehankee was deemed to have
served 21 years, two months and 25 days even if he actually served
17 years, two months and three days as of October 7.
“Obviously there will be people who will not
like what happened, but this is how our system of rehabilitation
works.” the senior official said.
Gonzales, for his part, explained that under
Section 4-A of the 2006 Amended Guidelines for Recommending
Executive Clemency, the prisoner should have served “at least
one-half of the minimum of his indeterminate and/or definite prison
term for the aggregate minimum of his indeterminate and/or definite
prison terms” and “at least 12 years for prisoners, for
prisoners whose sentences were adjusted to 40 years in accordance
with the provisions of Article 70 of the Revised Penal Code.”
In Teehankee’s case, his time served at the
Makati City Jail with credit for preventive imprisonment totaled
four years, seven months and 16 days. He was first confined to the
Makati jail on July 24, 1991 and was transferred to the New Bilibid
Prison on January 16, 1993.
Gonzales also showed what he said was a copy of
a notice published informing the public that Teehankee was about to
be released.
Convicted soldiers also entitled to
commutation
Soldiers who were convicted for the
Aquino-Galman double murder case are deserving to be released from
prison, the chaplain for the National Bilibid Prison said Wednesday.
“They [convicted soldiers] should be freed,
they have been in prison for a long period of time,” Prison
Chaplain Monsignor Bobby Alegierre told Church-run Radio Veritas.
Alegierre could not hide his disappointment over
the sudden release of Teehankee.
The Public Attorney’s Office has been pushing
for the release of soldiers convicted in the Aquino-Galman case due
to health reasons.
Of the 15 soldiers convicted for the
Aquino-Galman murder case, one died in prison and another one,
Master Sgt. Pablo Martinez, was released following a conditional
pardon from President Gloria Arroyo.
Joker scores ‘double standard’
At the upper chamber of Congress, Sen. Joker
Arroyo questioned Wednesday the “double standard of reaction” on
the pardons given to former President Joseph Estrada and to
Teehankee.
Arroyo said both “big names” committed
heinous crimes—Estrada, plunder and Teehankee, double murder - but
Estrada’s pardon drew no protest while a howl was raised on
Teehankee’s.
“When President Estrada was convicted of
plunder and sentenced to life imprisonment, President Arroyo
immediately extended to him an absolute pardon, without going
through the review process by the Board of Pardons and Parole. There
was nary a protest,” he noted.
Estrada was never detained in a real prison in
deference to his former position. He was detained at his Tanay
residence except for a short stay at the Veterans Memorial Medical
Center.
Arroyo said the President acted on her own,
under her constitutional power, to pardon Estrada, “unimpeded by
any intervention.”
He said Teehankee has served 20 years of his
life sentence at the National Penitentiary and has indemnified the
family of his victims as ordered by the court.
“Strangely, the very same people who are
complaining about the Teehankee release were strangely silent when
Erap was pardoned. Why the double standard of reaction?” he asked.
He also noted the resistance to the release from
prison of the “lowly enlisted men” who were convicted in the
Aquino-Galman double murder case.
He said the enlisted men were following orders
from big people who were never brought to trial.
“But there is resistance for their release.
Triple standard of reaction!” Arroyo said.
-- William B. Depasupil, Anthony Vargas And Efren L. Danao
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