MANILA, Philippines — Veteran lawyer is in incredulous about the clamor to grant repatriated overseas Filipino worker (OFW) Mary Jane Veloso presidential clemency here is no reason to put death row convict Mary Jane Veloso when in reality she has never been convicted of any crime in any court in the country.

“What’s all the fuss about Mary Jane Veloso to be extended ‘presidential clemency’ by President Marcos, when she has never been convicted in any Philippine court of having committed a crime?” Macalintal queried when he was asked his opinion over Veloso's situation.

He explained that “technically, the clemency has already been extended" to Mary Jane and not by President Ferdinand 'Bongbong' Marcos Jr., but by actually the Indonesian government when she was allowed to return to the Philippines after spending nearly 15 years in an Indonesian prison for alleged drug trafficking.

To date, Veloso has maintained and asserted her innocence in the drug trafficking charge she has been convicted with by Indonesian authorities.

“While the Indonesian government left it to the Philippine government to do what the latter thinks is good for Veloso, President Marcos cannot use his pardoning power under our Constitution because such power applies only to criminals convicted under Philippine laws,” he stressed.

Macalintal, also known for being an expert election luminary, noted that in 2010, the Department of Justice (DoJ) had issued a circular on the implementation of agreements involving transfer of sentenced persons, such as Veloso in this case.

Under the said circular, only the sentencing state (Indonesia, in this case) may grant pardon, amnesty or commutation of the sentence, but the administering state (Philippines, in this case) may request the sentencing state to grant pardon, amnesty or commutation of the sentence.

“Obviously, by virtue of such agreement, the Indonesian government granted the request of the Philippine government for Veloso’s liberty and sent her back to the Philippines,” Macalintal pointed out.

He added, though, that “what makes it favorable for Veloso is the apparent compassion of the Indonesian government to release her to the Philippine government for whatever action the latter wants to take on her case.”

"Whatever benefits the Philippine government will give to Veloso will be in line with the spirit of the transfer agreement, particularly to facilitate the successful reintegratin of sentenced persons into society," he likewise cited.

The lawyer stressed that while awaiting the President’s move, Veloso should be "released from custody . . . since she is not facing any charges here in the Philippines, and the fact that not even a warrant of arrest has been issued against her by any court in the Philippines,” Macalintal said in conclusion.