Solon remark on inmates’ request for clemency ‘irresponsible’—lawyer

Atty. Ferdinand Topacio. INQUIRER FILE PHOTO

A lawyer for the Bilibid inmates who testified against former Justice Secretary and now Senator Leila De Lima branded as “irresponsible and deliberately misleading” a lawmaker’s statement that the inmates’ testimony could be their ticket to freedom.

Magdalo Representative Gary Alejano said that five of the 12 inmates who testified against De Lima have pending applications for pardon, probation and executive clemency.

Alejano made the statement after the Board of Pardons and Parole (BPP), in a letter addressed to him confirmed that inmates Engelberto Durano, Nonilo Arile, Jaime Pacho, Jojo Baligad and Vicente Sy have pending applications before their office.

But Atty. Ferdinand Topacio on Wednesday said the applications were made during De Lima’s stint as Department of Justice (DOJ) chief.

READ: Bilibid convicts vs De Lima sought pardon during Aquino’s time

“None of them were made during the time of Secretary Vitaliano Aguirre. Definitely no applications were made immediately before, during or after the Congressional hearings,” Topacio said.

The House Committee on Justice conducted an investigation on the proliferation of illegal drugs inside the New Bilibid Prison (NBP). During the inquiry, several high-profile inmates testified including the five with pending applications before the BPP.

Parole is the release from imprisonment after serving the minimum penalty imposed under the Indeterminate Sentence Law. It is granted by the BPP and does not result in full restoration of liberty because the parolee is still under the custody of the law and required to personally report to a parole officer.

A pardon, on the other hand, is an act of grace by the President exempting the inmate from the punishment imposed by law for his offense. It is granted at any time after final judgment without condition (absolute pardon) or subject to conditions (conditional pardon.)

Contrary to Alejano’s claim, Topacio said the applications were for parole, not for pardon.

“The statements made by Magdalo Rep. Gary Alejano is irresponsible and deliberately misleading in so far as it insinuates that the said witnesses were promised executive clemency by the present administration,” he said.

READ: Bilibid convicts urged to pay in exchange for parole—lawyer

Topacio served as volunteer lawyer for inmates Jerry Pepino, Joel Capones, Jojo Baligad and Herbert Colanggo.

One of his client, Sy, has a pending application for parole before the BPP. RAM