He was assassinated while keeping watch over the canvassing of votes in the snap presidential election between the well-entrenched dictator Ferdinand Marcos and Corazon Aquino, widow of the assassinated senator Benigno Aquino, Jr and mother of the current president, Benigno Aquino III.
Justice was not fully served with the acquittal of the suspected brains of the murder but it was a consolation for the Javier family that some of the accomplices in the crime were convicted.
One of those convicted was lawyer Avelino T. Javellana, who has applied for executive clemency.
The sons of Evelio B. Javier, are opposing the executive clemency for Javellana. Following is the letter of the lawyer, Victorina Javier, sent to Board of Pardons and Parole
Wednesday, which is under the Department of Justice:
“We represent the sons of the late Evelio B. Javier, Francis Gideon L. Javier and David Ignatius L. Javier, and write to express their objection in the strongest possible terms to the application for executive clemency of Avelino T. Javellana who was convicted for the murder of their father. Mr. Javellana, a lawyer, was sentenced to a penalty of Reclusion Perpetua. He was also convicted of frustrated murder and attempted murder for which separate penalties were handed down by the court.
“The late Mrs. Precious L. Javier and her children believed that Arturo F. Pacificador was the principal and mastermind in the cowardly murder of the late Evelio B. Javier. Mr. Pacificador was acquitted, however, for what the court believed to be a failure of the prosecution to prove his guilt “beyond reasonable doubt”. The family continues to believe otherwise but what is done by a mere mortal is done and they leave the exaction of justice to Divine Mercy.
“One of the accused, Rodolfo Pacificador, has taken refuge in Canada. He is the son of Arturo F. Pacificador. We still believe that the law and justice will catch up with him. Another co-accused and possibly the most dangerous, Eduardo Iran aka: “Boy Muslim” remains at large.
“As a lawyer and an officer of the court, Mr. Javellana’s participation is most reprehensible. He has sworn to uphold the law and the truth yet for gain and political patronage participated in the murder of our father and the suppression of cherished rights. The killing of Evelio B. Javier in broad daylight and in the presence of so many witnesses was done with impunity as the perpetrators were so heavily armed as to instill fear in anyone who would dare raise an outcry and attempt to help him as he attempted to flee while e gravely wounded. Most of them were in fact officers of the law and the military. Mr. Javellana was part of the conspiracy and among those convicted he was the person least expected to disregard the law or induce others to do so. He deserves no clemency. If the law prescribes a maximum period of service of sentence, let him serve it to the maximum.
“We also believe that Mr. Javellana is still in contact with Mr. Iran and Mr. Rodolfo Pacificador. The Javier family is still actively pursuing their prosecution so their liaison will pose a real and grave danger to the two sons of Evelio B. Javier, as well as to other surviving victims.
Francis Gideon L. Javier was abroad on business when he learned of the application for clemency. He was unable to sign his letter of objection before continuing on to the United States where his brother resides. They are in continuously in consultation with us and other lawyers and reserve the right to submit a more extensive opposition even as they believe this comment sufficiently constitutes a strong objection to any application for executive clemency of Mr. Javellana, including temporary liberty on parole which is undeserved and as dangerous to them us as full liberty.
“Mr. Javellana does not deserve to remain a lawyer and should thus be disbarred but that is another matter that will be addressed in due time.
“We do not have the exact date that your notice was received by Mr. Abelardo Sibugan, who is the caretaker of the San Jose, Antique residence of the Javier family, but we are certain that this was less than two weeks ago.
“All of the foregoing properly considered and in order to do justice to a genuine hero of the 1986 Revolution, the application for executive clemency of Mr. Avelino T. Javellana must be denied.”
The letter was signed by Victorino X. Fornier and Elsa R. Divinagracia, lawyers of Gideon and David Javier.
President Aquino has been furnished this letter. So has Justice Secretary Leila de Lima.
Ellen,
Canada Parole system is very simple…for sentences with Mandatory Minimum like the crime of murder (only Murder and High Treason carry Life Sentences which Mininum has to be served before being eligible for Parole) For First Degree Murder, the minimum to be served is 25 years before being eligible for Parole,while 2nd degree murder, the Sentencing Judge will determine the Minimum upon hearing the Impact statement or testimonies of the Families of the victim/victims and that could anywhere from 10 years to 25 years…and upon serving the Minimum, there will be still a hearing by the Parole Board if the Convict is to be released on Parole (remember his Sentence is life, and being released on Parole is conditional, he could be back in prison if any of the conditions been violated) or NOT…and the Authorities can also petition the court to declare the felon a Dangerous offender for which if the court approved he could not be released…there is no Pardon in a sense that the inmate will be released.. Pardon is granted to Clear the Criminal Records of a Released Convict after serving his sentence fully and after a period of time…the minimum is now raised from 3 years to 5 years and for 5 repeats and for serious crimes like crimes against Children, would no longer eligible for PARDON. it is worth noting that with Criminal Records, one can not be issued a PASSPORT or if issued a passport because of minor Crime, the US of A will refuse anyone entry even for MINOR crime conviction without being pardoned. That is the only Pardon as we know it…and clemency is the prerogative of the Queen…so far She never invokes it…If a felon has to die in prison of old age, so be it…
Now for non minimum sentence offences.. For example a sentence of 3 years after 1/3 of sentence served a convict may apply for parole and is entitled to a parole hearing.. Heay or may not be release on Parole after serving. 1/3,, A mandatory parole is given after serving 2/3 so in reality a 3 years sentence will be serve in actual jail time of two years and a year in parole if not granted an early parole. In every case, the victims of the crimes or the family if applicable will be consulted and Impact statements and testimonies will be heard or obtained for the parole board in making its decision…This processs is universal.
Hope Pnoy turns down Javellana’s application for pardon. His mother was beside the wife of Javier during the wake.
So disappointed with the justice system in the Philippines. My uncle is just the lawyer , not a co conspirator of the committed crime. He acts just like any other lawyer who represents their clients . Why would he be responsible for someone else’s doing ? He had suffered enough. He would just like to join is growing family . Hasn’t he suffered more than enough ? Why would they assume that he is in touch with the other accused who are on the run ? All he wanted is to be with his family …..he wanted his long deserve and delayed freedom. Pacificador was released because he has the money to pay for his freedom . Now he is truly enjoying his freedom….he didn’t care for the people that were sent to prison trying to defend him but are not plan of whatever..My uncle became the sacrificial lamb of very powerful and wealthy people but my uncle is not a part of their evil plans. it’s a mess up country. As much as I am so proud to be a Pinoy, the justice system is sucks ! By: Emma Javellana Aquino-Nemecek
After the promulgation of the Javier case last 2005, we went silent. We went silent not because we agreed & we beleieved it was a fair & just judgement,but because we want to keep our grief. Our sufferings. Our pain. Our frustrations. Our anger…
Almost 10 years had past,after Judge Castrojas pinned his decision: to CONVICT Atty. Javellana & others,and to ACQUIT mastermind,Rodolfo Pacificador, Assemblyman Arturo Pacificador, Jimmy Punzalan & the other accused-turned- state witnesses,namely: Tiaoson & Nagales (who admitted in their sworn affidavits that they were part of the plot to kill Evilio).
Assemblyman Pacificador rendered the legal services of Atty. Javellana as their defense lawyer, but after 5months of appearing in the trial hearing, Atty. Javellana was implicated.
I was present during the entire hearing of this case until the day of the promulgation. Even if Im just a simple,ordinary audience, with no legal background & know how,I am fully convinced that it was not a fair trial at all. Hearing oppossing facts & issues, I was able to appreciate evidences, testimonies, arguements between 2 parties. Mind you,you dont need to be a lawyer to know & to tell what the truth is.
One particular issue that I could not understand until now is why Judge Castrojas admitted/accepted the defense of Jimmy Punzalan. That Punzalan attended the baptismal party on that alleged day. The prosecution’s witness testified he saw Punzalan driving the car where Atty. Javellana was his passenger & with them were sacks loaded with ammunitions used to kill Javier. ARGUEMENT: If Punzalan was in the party,how come Atty. Javellana was guilty (beyond reasonable doubt) that he was the passenger in the vehicle with sacks loaded with ammunitions? ABSURD!
Another issue,Tiaoson testified he heard Atty. Javellana, ” Ganito lang ka simple patayin si Evilio” during the alleged meeting in the house of Pacificador. ARGUEMENT: Being a seasoned lawyer, Atty. Javellana will never put himself in a stupid situation to say those words in the presence of an ordinary stranger. Again,ABSURD!
Now,to convict an accuse with a penalty of death,is Atty. Javellana guilty beyond reasonable doubt?
Judge Castrojas- listen to your conscience.
Sons of Evilio- Do you beleive your late father is happy in his grave? Do you believe justice has been really served & done?
Gov. Exequiel Javier- You have all the reasons to keep the truth. You need this as your political cry. CONGRATULATIONS!