‘Abuse of presidential pardon can lead to impunity’

MANILA, Philippines -  A group of former senior government officials yesterday warned that President Duterte is abusing his power to grant pardon, which they said could lead to impunity and more corruption.

The Former Senior Government Officials (FSGO) issued the statement after Duterte advised 19 police officers implicated in the killing of Albuera, Leyte mayor Rolando Espinosa Sr. last year to plead guilty so he can grant them absolute pardon and promotion.

Meanwhile, Sen. Antonio Trillanes IV expressed belief that Duterte ordered Espinosa killed, noting the President’s swiftness in announcing his plan to absolve police officers tagged in the murder.

The FSGO urged members of Duterte’s Cabinet and his allies in Congress to dissuade him from pushing through with his plan to pardon the police officers.

The group said the power to grant executive pardon was intended to correct judicial mistakes and extend clemency to those deemed to have sufficiently atoned for their offenses. 

“It is wrong to pervert this power to give law enforcement agents impunity to kill by ensuring that no authentic judicial process takes place,” it said.

“What may be technically legal can be morally wrong, politically counterproductive and ultimately dangerous for our country. Abusing the power of presidential pardon to plan a crime, with the guaranteed promise of absolution upon its commission, corrupts law enforcement agencies and paves the way for more corruption.”

‘Duterte  ordered it’

In a forum at the Senate, Trillanes said he is interested in hearing how police Supt. Marvin Marcos and his co-accused would plead when they are arraigned on April 26.

If they plead guilty, then Trillanes said Marcos and his co-accused would most likely not face any jail time courtesy of the President.

He cited the President’s promise to pardon Marcos and his men if they would be found guilty of killing Espinosa, who was tagged in the illegal drug trade.

“I hope it has become clear to our people that this was indeed ordered by President Duterte,” Trillanes said, referring to Espinosa’s killing.

The FSGO said Duterte was disrespecting the National Bureau of Investigation in the casual dismissal of its findings that the Espinosa killing was a rubout.

It said it is wrong to coerce lower level police agents not privy to, or directly involved in, the Espinosa killing to plead guilty when they might have been simply following orders to provide security.

It is wrong to place senior police officials in a position where following implicit directives may lead to illegal acts, it said, apparently referring to rumors that Duterte himself ordered Espinosa’s killing.

Pardoning the police officers would implicate Duterte in what the FSGO claimed was the state-sponsored “Espinosa murder and, potentially, of the thousands of unresolved extrajudicial killings.”

“It is not yet too late for the President’s advisers, friends and followers to tell him this. These messages need not be delivered publicly, but they must reach the President,” the FSGO said.

“The messenger bearing bad news runs the risk of getting shot. But the higher the office, the greater the responsibility to perform this task,” it added.

Trillanes recalled how the officers tagged in the killing were assigned as a group to the Eastern Visayas regional police under the current administration.

Shortly after they were assigned to the region, Trillanes said Espinosa was killed in his cell.

“And now he wants to pardon Marcos,” Trillanes said.

“It is very clear that he ordered this, which is why he has to save these policemen. Definitely they will talk. They were just following orders and now they are facing imprisonment. So Duterte has to save them,” he added.

Depending on what happens with the cases of Marcos and his men, Trillanes expressed his concern that other police officers could be emboldened to follow illegal orders if they believe they will be absolved by the President himself.

He reminded the officers that the protection they are enjoying is good only under the current administration.

Once Duterte ends his term, Trillanes said the next administration would certainly go after them.

“When he is no longer in power, he will be held accountable for murder,” Trillanes said.