Clemency for Mary Jane Veloso ‘not impossible’ — SolGen
MANILA, Philippines — Executive clemency for Filipina domestic worker Mary Jane Veloso is possible, despite her not facing charges in the Philippines, said former Justice Secretary and current Solicitor General Menardo Guevarra.
Guevarra made this statement in a message to Philstar.com when asked about the National Union of Peoples’ Lawyers' request for President Ferdinand Marcos Jr. to extend executive clemency to Veloso.
Guevarra explained that the alleged crime was committed in Indonesia where Veloso was tried, convicted and sentenced by the court.
“So only the president of Indonesia can grant her executive clemency as an act of sovereign grace,” Guevarra said.
However, he said the granting of clemency by Marcos is not “impossible.”
“Theoretically, PBBM cannot, but it is not impossible if such grant of executive clemency be agreed upon by the two heads of state,” Guevarra said in a message to Philstar.com.
On Wednesday, November 20, President Ferdinand Marcos Jr. said that Veloso is finally returning home to the Philippines after 14 years of incarceration in Indonesia due to a conviction on drug charges.
However, Marcos did not specify the exact date of Veloso’s return. It is also unclear what would be Veloso's status upon her return to the country — whether she's a free woman or still a person in custody.
"I extend my heartfelt gratitude to President Prabowo Subianto and the Indonesian government for their goodwill. This outcome is a reflection of the depth our nation’s partnership with Indonesia—united in a shared commitment to justice and compassion," Marcos’ statement read.
"We look forward to welcoming Mary Jane home," he added.
Veloso was arrested in 2010 on charges of drug trafficking. In 2015, former President Benigno Aquino III made a last-minute appeal to Indonesia to spare Veloso’s life after her illegal recruiter surrendered to authorities in the Philippines.
Veloso was scheduled to be executed by firing squad in the early hours of April 29, 2015. The reprieve was granted so close to the time set that some print media mistakenly reported her execution.
What is an executive clemency
Executive clemency is a power granted to the president of the Philippines by the Constitution.
It is provided under Article VII, Section 19 of the 1987 Philippine Constitution which provides:
"Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment. He shall also have the power to grant amnesty with the concurrence of a majority of all the Members of the Congress."
However, the president cannot grant clemencies in cases of election offenses or impeachment.
Clemency should only be granted after a conviction of a final judgment, except in the case of amnesty, which can be applied to individuals yet to be convicted.
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