The uproar surrounding the pardon of convicted murderer Claudio Teehankee Jr. highlights what has been a systemic problem in the country’s penal system.

Rodolfo Diamante, executive secretary of the Catholic Bishops’ Conference of the Philippines’ Episcopal Commission on Prison Pastoral Care, said the controversy lies in the fact that Teehankee is leaving prison without any sign that he has undergone any values formation to indicate that he is now a changed man.

“While we respect the prerogative of the President to grant executive clemency, we believe that such should be based not only on the number of years served in prison or good conduct but also on the genuine transformation of the person,” Diamante said.

The ECPPC conducts religious and values formation in the country’s prisons, espousing the belief that the penal system should be more restorative than punitive in nature.

“Sad to say, our penal system does not have a comprehensive rehabilitation program for the inmates. This is one reason there is always controversy when high-profile inmates are released,” Diamante said.

In the case of Teehankee, Diamante noted that there was no indication that he was remorseful for the killing of Maureen Hultman and Roland John Hapman and the near fatal attack on Jussi Leno.

“He was never present whenever we conducted religious or values formation at the National Bilibid Prison,” he noted.

Diamante also questioned the criteria followed by the Bureau of Pardons and Parole in recommending to the President the grant of executive clemency, saying that under the present guidelines, the son of late former Chief Justice Claudio Teehankee is not eligible. Justice Secretary Raul Gonzales had said that Teehankee’s grant of executive clemency was recommended and reviewed by the BPP.

The revised guideline adopted by the BPP in March 2006 states that those meted with life sentence may only be considered for parole if they are 70 years old above and if terminally ill.
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Since Teehankee is only 62, and there are no signs that he is suffering from a terminal disease, then he is not eligible for any recommendation, Diamante pointed out. Teehankee has been sentenced to life in prison and two sentences of prison mayor to reclusion temporal.

“That is why we have doubts whether the BPP really reviewed his case. We want to find out what was the basis of the BPP,” Diamante said. Incidentally, the BPP is chaired by Gonzales.

Since Teehankee does not yet qualify for a review, Diamante said the grant of executive clemency could have been prompted only by political consideration.

Diamante pointed out that there are other prisoners who are eligible for parole but remain in jail for lack of political connections.

He cited the case of Sgt. Filomeno Miranda, one of the 16 soldiers convicted for the Aquino-Galman double murder case, who is now a reformed man. Miranda is head of the pastoral council at the national penitentiary. “Why is he not being paroled yet? He has been in prison for the past 23 years,” Diamante said.

Special Prosecutor Dennis Villa-Ignacio, who led the team that prosecuted Teehankee, said the lack of transparency in the grant of executive clemency opens it to abuse.

He recalled the case of former US president Bill Clinton who extended executive clemency to hundreds of prisoners just before he bowed out of office. This prompted some lawmakers to initiate a bill where Congress would exercise oversight function on such releases.

The bill however did not prosper.