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Letter to PDI Editor Re: The commutation of Jalosjos sentence

The Editor
Philippine Daily Inquirer

Dear Sir/Madam:

The controversy over the commutation of the double life sentence meted out to child-rapist Romeo Jalosjos which was condemned by the Catholic Bishops Conference of the Philippines (PDI, 6/17/07), brings to the fore ethical and political issues on the power of executive clemency

Under our constitution, the President’s power of executive clemency is extraordinarily broad. It grants him/her an enormous amount of discretion to commute sentences or to pardon, rationalized by the overarching concept of “presidential prerogative.”

Despite the fact that presidents have virtually unlimited authority on this matter, however, ordinary sense tells us that this should be governed by certain moral restrictions.

For example, in the United States, executive pardons have shown elements of what is called “constitutional morality.” It means that they should be able to: 1) serve justice, like in cases where, because of an imperfect justice system, an offender’s sentence is too severe; 2) pave the way for reconciliation, as in cases where a reformed offender is given the chance to right his relationship with civil society; 3) relieve suffering, like in cases where offenders have gotten old and sickly; and/or, 4) ensure peace, as in cases where an amnesty is extended to rebels.

Whatever the purposes are, however, acts of executive clemency granted to offenders on the basis of partisan advantage, economic status, or family ties are certainly grossly inappropriate. In this respect, the commutation of the sentence of Jalosjos which, as confirmed by the CBCP-Episcopal Commission on Prison Pastoral Care, is “payment for electoral services rendered,” is highly questionable, and a condemnable act of abuse of power.


Sincerely,

MARITA F. WASAN
Executive Director
Pro-Life Philippines Foundation, Inc.
1043 Aurora Blvd, Good Shepherd Compound, Quezon City
Telephone No. 911-2911

 
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