Veteran lawyer Atty. Romulo Macalintal asserted that Mary Jane Veloso, recently transferred to the Philippines after over 14 years of imprisonment in Indonesia for drug trafficking, should be released from any Philippine government custody.
Macalintal pointed out that the drug trafficking charges against Veloso in Jakarta are not applicable in the Philippines. Â
He explained that any benefits the Philippine government grants Veloso are in accordance with its transfer agreement with Indonesia, specifically for facilitating successful reintegration of a sentenced individual.
However, Macalintal stressed that while the President has not yet taken such action, Veloso should be released as she faces no charges in the country and has no outstanding warrant of arrest from any Philippine court.
Atty. Macalintal cited the 2010 Department of Justice Circular No. 90, particularly Section 18, which states that only the sentencing state can grant pardon, amnesty, or commutation, although the administering state can request such action with sufficient grounds.
He insisted that by virtue of the agreement, the Indonesian government granted the Philippine government’s request for Veloso’s return.
Macalintal further explained that now that the Indonesian government has deferred to the Philippine government’s judgment on Veloso’s case, President Marcos cannot use his constitutional pardoning power, as it applies only to those convicted under Philippine law, and the country has no jurisdiction over crimes committed by Filipinos abroad.
The lawyer made this statement amid calls for clemency for Veloso, while President Marcos stated that he will study the possibility of clemency for her.
