Well, bolt up your doors and keep your college kids home. For, if his influential friends succeed, Rolito Go will soon be out of prison. A plea for executive clemency already has been sent to Malacañang. And the way it is moving is reminiscent of Gos disdain for truth and law.
A life termer may apply for presidential pardon after serving at least ten years. But he must meet certain conditions: contrition, good behavior; no evasion of service; and due notice to the convicting judge, prosecutor and victim (or family).
In a letter to Malacañang through his lawyers dated Dec. 2, 2005, Go claims to already have spent 13 years and 13 days as of that writing. "Mr. Gos grievous mistake did not deter him from rehabilitation as well as livelihood projects for fellow inmates," the letter contended. "Incarceration has made him realize the gravity of his offense. There is nothing more he can do to make up for that crime, especially to the family of Eldon." Quoted was a July 22, 2002 memo to the justice secretary from Reynaldo Bayang, executive director of the Board of Pardons and Parole (BPP), attesting to Gos "excellent conduct" behind bars.
The lies readily surface. Go cannot have served 13 years and 13 days as of Dec. 2, 2005. He was first detained on July 8, 1991, escaped on Oct. 31, 1993, was recaptured on Apr. 30, 1996, and has been in prison since. That totals only about 11 years and 11 months, with about ten months out of bail not even deducted.
Go may claim clumsiness with dates and numbers, but he cannot feign contrition. To date, he has not apologized to the Maguan family, which still remembers the death threats they received every trial day and the way Go would sneer at them in court. Not that they care, but Go has not even paid the P3.6 million civil damages he must pay the Maguans as part of his sentence.
As for Gos supposed excellent behavior, a news item had appeared in The STAR on July 20, 2003 about a raid conducted by authorities on cellblocks at the National Penitentiary. Entitled "Prison officials seize Rolito Gos cell phone," the story stated that prisoners are barred from possessing such gadgets, much more the P400,000 cash Go was keeping. In another incident of excellent conduct, Go had a fistfight with another famous inmate, Ambet Antonio who had killed basketball star Arnulfo Tuadles.
The letter to Malacañang preceded BPP sessions on Gos application. Only by chance did the Maguans find out that his case was being endorsed. That was when Judge Lorna Catris Chua-Cheng of the Marikina regional trial court, who had taken over Branch 168 from the convicting but now retired Judge Benjamin Pelayo, gave them a copy of her opinion of Feb. 16, 2005, which they received in April. In a letter to Bayang, Judge Chua-Cheng reminded the BPP of three salient points in Gos case:
the seeker of executive clemency had escaped from jail and eluded arrest for three years;
there was no record of his having settled the P3.6-million civil judgment; and
there was no indication that the offended family has been informed of the proceedings.
From there, the Maguans inquired from the lowly prosecutor of 1993 if he had been informed as well. That man happens to be now Ombudsman Senior Special Prosecutor Dennis Villa-Ignacio, always in the news for handling sensational cases like plunder by Joseph Estrada and ill-gotten wealth by the Marcoses. Irked at not being informed Bayang had told the Maguans its not the BPPs job to look for the prosecutors address Villa-Ignacio demanded last Sept. 1 a stop to the pardon hearings until he has filed his comment. But the Rolito Express has long started.
The P3 billion is a mere down payment that a Pasay judge order as just compensation to Piatco for governments expropriation of NAIA-3. Payment of the amount still will not allow the government to operate the terminal; it has yet to fully pay what Piatco has spent in construction and bribes: $565 million.
Bernas is questioning why government expropriated in the first place when it owns the land on which NAIA-3 was built. What the government should have filed, he says, was a case for eviction of Piatco from the facility when the Supreme Court voided its anomalous contract in May 2003. After that, he says, government can recompense Piatco for actual construction expenses of only $200 million tops.
Meanwhile, the Asias Emerging Dragons Corp. is reiterating its offer of $350 million to regain the build-operate contract that was originally its. If the government withdraws the erroneous expropriation and accepts the cash, it can pay off Piatcos $200 million, plus constructor Takenaka Corp.s back fees of $100 million, and still have a clean $50 million to keep. AEDC president Ismael Villa-Real said yesterday that if government accepts their offer today, they could finish construction and inaugurate by yearend. That sounds better than all these three years of inoperation.