Saturday, October 11, 2008

TRUTH must always PREVAIL

After TV bombarded us with the heartrending Maureen Hultman murder, viewers are now hopping mad. Indeed the murder was gruesome and any mother would feel rage if such happened to their child. I pray for sobriety dear readers as I present facts I've researched on.
Though it burdens me to write about the truth, I feel that we should set the record straight. While we remain vigilant in preventing criminality, as a civilized society, we are encouraged to hate the crime but not the criminal.

Above all, TRUTH should always be our guiding light in pursuit of JUSTICE!

The Hultmans REQUIEM of being “not-informed” about the pardon of Teehankee is heard as "deafening wails" to our beleaguered Justice system. The Philippine Daily Inquirer published that- “The Hultmans, who have since relocated to Sweden, protested the seeming haste and SECRECY of the Presidential Pardon. They said that they were not informed beforehand of Teehankee’s release in violation of established procedures.”

But records show that as early as February 6, 2004, the Board of Pardons and Parole has released the “Notice to the Public”. Posted is a copy of the notice given to me (as a journalist) more than three years ago( this was also published in broadsheets)...







The trial to date has been recorded as one of the fastest criminal trials in Philippine history, and the most sensational with the then President Corazon C. Aquino visiting the (dying) victim, Maureen Hultman in the hospital and the then Senator (future President) Joseph E. Estrada appearing in court during the trial in support of the prosecution. Bobbins Teehankee was incarcerated immediately!
5 IMPORTANT events occurred in conjunction with the Hultman Family from 1999 to 2003 before CLAUDIO TEEHANKEE JR, with the help of his family and lawyers, filed his petition for executive clemency in December of 2003.

# On November 19, 1999 a settlement was signed by Anders Hultman, on his and on Vivian Hultman’s behalf, and on behalf of Claudio Jr., his wife and children, and the Teehankee Family, all with the assistance of their lawyers. In this settlement, Bobbins as well as the Teehankee Family expressed their deepest regret and sympathy to the HULTMANS and CHAP
MANS. In turn, the Hultman Family expressed that they --recognize[d] that Claudio Teehankee Jr. has shown and exhibited genuine remorse and has been serving his time in good behavior. The HULTMANS through their duly authorized representative herein, will not object nor interpose any objection to the application for such parole or the commutation of shortening of the sentence of Claudio Teehankee, Jr. or to such other similar proceedings or relief provided that the same shall be in accordance of law.

# The Court approved the Settlement Agreement on January 10, 2000 based on a joint motion by the lawyers of both sides.

# The Court then issued a statement of finality on February 17, 2000, making the order approving the settlement and the cancellation of all attachments and garnishments on Claudio Jr.’s properties final.

# During the year 2000 and 2001, the financial components of the settlement were complied with by the Teehankee Family with the family home of Bobbins, with the consent o
f his wife and children, disposed of in favor of the Hultmans and the MONIES transferred pursuant to the Settlement Agreement,

# On January 13, 2003, the Hultmans (both Anders and Vivian signing) filed a legal document in the Court called a Notice of Satisfaction of Judgment, wherein they say that: Private Complainants Spouses Anders and Vivian Hultman assisted by counsel respectfully manifest that the judgment relative the civil aspect of this case has been settled to their full and complete satisfaction pursuant to the terms of the Settlement of the Civil Aspect executed by the parties on 12 November 1999 and approved by this Honorable Court in its order dated January 10, 2000.

# ONLY THEN AND ONLY AFTER ALL THESE EVENTS AND INTERACTIONS WITH THE HULTMANS did Bobbins through his lawyers file a formal petition for clemency. This was filed on December 22, 2003, the same year that the Hultmans had filed their Notice of Satisfaction pursuant to the terms of the Settlement approved by the Court.


The basis for the application for commutation were the Guidelines of the Board of Pardons and Parole that allowed an inmate to apply for commutation or executive clemency provided that he had served at least 12 years of his sentence, in cases where multiple penalties were meted out and Article 70 of the Revised Penal Code applied such that “the maximum period shall in no case exceed forty (40) years.”

The formal petition recited these preceding events including the no objection agreement and acknowledgment of remorse by the Hultmans on the part of Bobbins.

Pursuant to the Procedures of the Board of Pardons and Parole, on January 28, 2004 and February 6, 2004, notices to the offended parties and prosecutor and presiding judge were issued by the Board, and a PUBLIC NOTICE TO THE WHOLE WORLD was published in the Philippine Star naming 16 inmates (including Bobbins) whose cases were being considered for clemency.

On September 30, 2008, an Order of Commutation was issued by the President culminating the process of the petition Bobbins had filed in 2003, and which order was received by the Bureau of Corrections. The Order shortened the maximum sentence of 40 years (as adjusted under Article 70) to 21 years and 3 months. The clemency for Bobbins was only one of 1,430 orders of executive clemency granted by the President .

Unfortunately, only Bobbins carried the POPULAR family name.

On October 3, 2008, based on actual time served with Good Conduct Allowance credits already standing at 21 years, 3 months and 5 days, Bobbins had legally served his commuted sentence plus more. He called for assistance from family members to pick him up Friday and to help move his things over the weekend. They finished packing late at night.

THIS WAS NO SECRET!

The Chief Executives power is absolute when forgiving. Her Excellency forgave Bobbins- but who do we blame?
Emotions set aside and in the words of ANDROS (I'm a big fan of the guy)---

NOW everything is MOOT and ACADEMIC.