Evelio Javier’s sons oppose pardon for convicted lawyer

By Ellen Tordesillas
Malaya

Democracy martyr Evelio Javier

Evelio B. Javier, former governor of Antique, died while performing a task for the restoration of democracy on Feb. 11, 1986.

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.