Fact check: Can President Duterte grant pardon to Imelda Marcos?

- Imelda Marcos was found guilty of graft by Sandiganbayan

- However, she has not been arrested by the police yet

- According to 1987 Constitution, the President can grant pardon as long as the conviction is final

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The Sandiganbayan 5th Division has found former first lady Imelda Marcos guilty of 7 counts of graft and corruption. She is also sentenced for imprisonment that could last for six to 11 years as reported by KAMI.

KAMI learned that there are apprehensions about the Sandiganbayan’s decision. Many are speculating that President Rodrigo Duterte will grant Marcos pardon.

As stated in Section 19, Article VII of 1987 Constitution, the President can grant reprieves, commutations, pardon and remit fines as long as there is final conviction.

Section 19. 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.

The President also has the power to grant amnesty. However, there should be concurrence in the Congress.

He shall also have the power to grant amnesty with the concurrence of a majority of all the Members of the Congress.

Justice Secretary Menardo Guevarra confirmed that the President cannot grant pardon to Marcos yet. Sandiganbayan’s decision is still up for reconsideration and appeal. The case is still possible to reach up to the High Court.

Therefore, Marcos is still allowed to run for office. However, it has been announced by Sandiganbayan that Marcos is perpetually disqualified in holding public office. Despite the court’s decision, Marcos has not been arrested. According to the Philippine National Police, they are considering the age of the former first lady.

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President Duterte has granted pardon to political prisoners in New Bilibid Prison last year. As previously reported by KAMI, Duterte also gave absolute pardon to action star Robin Padilla. The actor was convicted for illegal possession of firearms in 1994. Padilla also became a huge supporter of the President.

Former President Benigno “Noynoy” Aquino III granted amnesty to Sen. Antonio Trillanes IV in 2010. This had something to do with the rebellion and coup d’etat case of Trillanes in 2003 and 2007. However, in a report by KAMI, President Duterte revoked the amnesty of Trillanes and declared it as invalid.

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Source: KAMI.com.gh