Month: October 2008

 As promised, i would write a legal sumthin’ (a legal something, not a complete legal opinion because i don’t have copies of the original decision in the RTC and the Supreme Court;  i could search the 1993 case in the internet but i don’t have time) about People vs. Teehankee (for murder, homicide, frustrated murder: murder of Maureen Hultman, killing of Roland John Chapman and frustrated murder of Jussi Leino) or the release of the convict  “executive clemency” over the weekend. Here it is:

        (in the interest of full disclosure: Lawyers usec Dondi Teehankee (the accused’s brother)  and Judge Dennis Villaignacio (handling prosecutor) were both members of the prosecution panel in People vs. Estrada, of which PILC was a part of, of which i was a part of;  but they never spoke about this case.)

      Based on newspaper reports (as stated, i don’t have copies in my hand of the decisions), the accused was convicted of life prison and two terms of prision mayor to reclusion temporal; the newspaper said “8 to 14 years, one month, one day”, so i take it to mean: life prison plus two terms of 8 to 14 years; if the newspaper had stated what periods of prision mayor to reclusion temporal  i could double-check the math for you (i double-checked the math of the Board of Pardon and Parole though, see latter part here).

        But just for your note, prision mayor is 6 years and one day to 12 years.  

         Reclusion temporal is 12 years and one day to 20 years.

      Life prison is 20 years and one day to 40 years, single and indivisible but  with a minimum (20 years and one day).

      The rule is, and based on practice, prison sentences run successively or one after the other,  unless the decision of the court states that the prison sentences run concurrently or simultaneously. (That is why, as a limit of this opinion, i stated that i don’t have copies of the documents in my hand.)

       If the sentences run concurrently, then it is like the convict will serve three thre sentences simultaneously or, in this case, 20 years and one day to 40 years.

        But if the sentences run successively, then there are three prison terms for three crimes:  A term of 20 years and one day to 40 years for the murder of Maureen Hultman, a term of 8 to 14 years (going by the newspaper report, it did not give the periods of the term so i cannot double-check the math of the periods) for the killing (homicide) of Roland John Chapman, and a term of 8 to 14 years (same qualification on my part) for the frustrated murder of Jussi Leino.

       (as regards the homicide, this is now moot and academic but i don’t know why the killing of Roland John Chapman was only homicide. Was he just caught in the crossfire? of two shooting parties? Too late to question it now).

      Sentences to run successively means a minimum prison term of 20 (and one day) plus a minimum 8 years  plus another minimum 8 or a total minimum of 36 years and one day.

        Sentences to run concurrently means in the minimum a prison term of 20 years and one day.

        According to DOJ secretary Raul Gonzales, what was exercised by the President was executive clemency by way of commutation of sentence or reduction of sentence.

      I did not see the copy of the grant of executive clemency or commutation of sentence. I did not see the terms. If the President had commuted the sentence, she had to commute EACH OF THE THREE PRISON TERMS UNLESS THE SENTENCES HAD RUN CONCURRENTLY.

      FURTHERMORE, since there were three crimes here, there are three sets of involved parties that had to be given notices of the proceedings in the Board of Pardon and Parole, not just the Hultmans. The  families and lawyers too of the slain Roland John Chapman and of almost-slain Jussi Leino, had to be notified and given opportunity to object. There were three crimes here, right?

       Since the commutation of the sentence or sentences was based on mathematical computation and on procedure established by law and by the rules of the Board, it is therefore reversible; Sec. Raul Gonzales’s quip that the only appeal that could be made is “to Jesus Christ” is a hyperbole, meant to discourage the families of the slain children.

     I double-checked the math of the Board of Pardon and Parole for the commutation of one sentence for 20 years and one day for the murder. Here it is:

 GOOD  CONDUCT  TIME ALLOWANCE (credits of the convict): (i did not apply GCTA to detention during trial but i applied detention during trial  as time served and added it to the 14 years later)

 12 mos X 2 years=24 mos. Then 24 x 5 days= 120 days

 12mos X 2 yrs=24 mos. Then 24 x 8 days = 192 days

 12mos X 5 yrs=60mos. Then 60 X 10 days= 600 days

 12 mos X 4 yrs= 48 mos. Then 48 X 15 days= 720 days

 Therefore:

 120 days plus 192 days plus 600 days plus 720 days total 1,632 days. Or a prison credit of 4 years and 172 days.

       Including time served since 1991, the accused had been detained/ imprisoned for 17 years.

       17 years plus prison credits of 4 years and 172 days is = 21 years and 172 days  (or, more or less that is if my math is not correct).

     He may have served that one but i am not prepared to comment on whether  the notices for the procedure on commutation have all been  observed as the Hultmans and the handling prosecutor all dispute that they’ve been given notices (publication will serve as notice only if there is failure of personal service, right?)

     I am also not prepared to comment on whether the other sentences have been served out: the sentences for the crimes against Roland John Chapman and Jussi Leino.

      I hope i’ve bee fair enough to all parties and i hope my math is correct.

        One can appeal and pray to God, and at the same time one can also do the required work here on earth,  if the commutation was  based on non-observance of the procedure (due process), mistake in observing the three prison sentences, and mathematical error. It is reversible. Sec. Raul Gonzales is no St. Peter that he imagines himself to be.