The precedent that the President can give pardons, clemencies and commutations of sentence stems from a medieval tradition. The Sovereign was and is the Fount of Justice. For those of you who are fond of watching period movies,especially those about medieval and Tudor England, (Elizabeth I, A Man for All Seasons, etc) would know what I mean. Even today the Queen of the United Kingdom is legally the one who pardons. It is her royal Prerogative of Mercy. But in practice this is done by her government. However the power to pardon is carefully considered since this may affect the Queen’s credibility. Elizabeth II’s subjects rarely if ever question her motives (in reality her government’s) for doing so. Not even Parliament may contest it. This prerogative of the Sovereign comes from her anointing during her coronation.
In a Republic, this prerogative falls on the President. In fact none of the other two branches of government can prevent the President from exercising this prerogrative. This is the last remaining monarchical power of the President. Many Filipinos now question the motive of the President for giving pardons and commutations. This is unlike before, Quezon, Marcos and other presidents gave pardons but people thought that justice was tempered with mercy and in doing so, was truly served. Even in the United States, the President and the State Governors are careful in giving pardons for this can affect the credibility of their offices. There is a certain gravitas in being the Fount of Justice after all its original sense is from the Divine. Pardons are usually made to correct a judicial error but in US history critics have said that these were done for political expediency. Since it is the final prerogative, the President is accountable only to his/her God and not even to the electorate for the exercise of this prerogative is really not of politics but of mercy and justice.
In the Philippines, the circumstances by which pardons are given shows how the Presidency has been debased. This reflects on almost all of our institutions of government. The prerogative of mercy tempers justice and should always be applied with justice. The fact that a convicted criminal was released at midnight smacks of a motive aside from justice and mercy. The question that bears on Filipinos is whether pardons are for sale and at what price?
Popularity: 1% [?]
It’s no longer about a double murder. It’s about justice and a nation’s sensibilities. As though it has any any of either!
It’s not likely that any money actually changed hands. More likely this was a “ruling class” matter. The news mentions a sister of Teehankee being her Assumption Convent classmate. Also, for a president facing the end of her rope, there’s nothing more crucial than to project those awesome powers still at her command. She’s really sending a message to everyone that she is untethered by moral or legal considerations and can hurt or help whom she chooses. I really pity a guy like Dennis Villa Ignacio who has tried to serve the ends of Justice but instead has gotten the butt end of it. Gloria will be deadly and ruthless as she makes her exit. But she’s got a lot of loose ends to worry about!
mlq3 has a pretty spot-on analysis of the political calculus here.
in this country of ours, the old, sick and poor convicts never get a chance to have pardon. but if your surname sounds like estrada, teehankee, etal, then the preseident signs your release right away.
sali na sa kapihan namin dito http://labskiddies.blogspot.com/2008/10/coffee-break-ver-139.html
Pardoning a convicted criminal is one of the great prerogative of the president. Unfortunately kay madame president, mababa na ‘yung credibility niya sa mga mamamayan kaya malaking question mark sa mga tao ‘yung ginawa niyang pag-pardon kay tehankee.
May bribery bang naganap? Undue influence? Sa tingin ng mga tao ngayon sa justice system natin ay nakakiling sa mga mayayaman at maimpluwensya. PGMA’s pardon of Mr Tehankee only intensifies this view of justice in the eyes of the masses.
i cannot question gma’s legal and constitutional power to pardon, grant a reprieve or commutation of sentence. but this latest one, along with that of erap, certainly leaves an acrid taste in the mouth. it’s impossible to get inside the mind of another and one can only wonder what impels a person in her position to act in a manner apparently devoid of any rhyme or reason.
the presidency is not an iron-clad position and by no means invulnerable. pressures of every kind, shape and form are constantly hounding the office from any and all competing interests in society. some of these pressures are so insufferable that no ordinary human can resist. whether she did wrong is not for anyone to judge in ignorance through conjectures and speculations. right now, she is answerable only to her own conscience, and, eventually, to her Creator.