In a one-page resolution dated July 20 and released yesterday, the Supreme Court denied "for lack of merit" the letter-petition of Romeo Bautista and Arnulfo Artates addressed to Chief Justice Hilario Davide Jr., who endorsed it to the court en banc.
Bautista and Artates, along with their co-accused in the case, claimed they were already qualified for commutation of sentence and parole since they have been in jail since 1983.
They said they continue to be detained because their case is political in nature.
Bautista and Artates also cited Memorandum Order No. 19-2004, issued by Davide last April 2, which was meant to decongest jails all over the country.
In the memorandum, Davide directed all trial court judges to immediately issue release orders for prisoners already qualified for release but remain in jail because of delays in the administrative process.
The memorandum stated that prisoners have the right to be released when their cases are dismissed for any valid reason; if they are acquitted by the courts; or if they have stayed in jail for a period equal to or more than the maximum jail term for the offense with which they had been charged, pending the resolution of their case.
Davide said despite the dismissal of their cases or their acquittal in court, a number of prisoners remain in jail for as long as several months. He stressed there should be no more delays in the preparation, signing or delivery of papers to the Bureau of Jail Management for their release.
In an interview, Senior State Prosecutor and Board of Pardons and Parole chairwoman Teresita Domingo clarified that the accused in the Aquino-Galman murder case cannot qualify for parole without the commutation of their sentence — a form of executive clemency that can be given by President Arroyo, who is empowered by the Constitution to grant conditional or absolute pardon.
Under the law, prisoners sentenced to death, life imprisonment or reclusion perpetua — a jail term of up to 40 years — are not qualified for parole.
Domingo said the board could recommend the commutation of a prisoner’s jail term so he or she can be eligible for parole after serving the minimum sentence.
She pointed out that at this time, since the double life sentence of those accused in the Aquino-Galman case has not yet been commuted, they are not eligible for parole.
Domingo added that the convicts’ good conduct may be considered in commuting their sentence, but not as the basis for their parole.
The board evaluates a prisoner’s eligibility for parole after getting comments from the offended party in the case and fulfilling other requirements set by law.
Other former military personnel convicted in the Aquino-Galman murder case are Ruben Aquino, Felizardo Taran, Jesus Castro, Rolando de Guzman, Mario Lazaga, Pablo Martinez, Rodolfo Desolong, Claro Lat, Felomino Miranda, Ernesto Mateo, Arnulfo de Mesa, Cordova Estelo and Rogelio Moreno.
They claimed their basic human rights were violated since they were not included among those whose sentences were commuted, or granted pardon or parole.
The soldiers believe they deserve to be released because they are being detained for a crime they did not commit.
They were first thrown in jail in 1983, immediately after Aquino and Galman were shot dead on Aug. 21 of that year. They were released after a few months, only to be imprisoned anew for the same charges.
In 1985, they were acquitted by Justice Manuel Pamaran of the Sandiganbayan along with military generals Fabian Ver and Luther Custodio, who served under the late strongman Ferdinand Marcos.
The Supreme Court ordered the case reopened in 1986 after the EDSA I people power revolt, which deposed Marcos and swept Aquino’s widow, Corazon, into power. The soldiers were convicted in 1990.