Pemberton gets absolute pardon

PRESIDENT Rodrigo Duterte has granted “absolute pardon” to convicted American soldier Joseph Scott Pemberton, Malacañang confirmed on Monday, days after a lower court ordered his release from detention.

Foreign Affairs Secretary Teodoro Locsin Jr. first broke the news on Twitter. “Cutting matters short over what constitutes time served and since where he was detained was not in the prisoner’s

control — and to do justice — the President has granted absolute pardon to Pemberton,” he tweeted.

Hours later, Palace spokesman Harry Roque Jr. said Pemberton could return to the United States.

“Pwede na po siyang umuwi dahil meron na po siyang pardon ( He can go home because he has been pardoned),” he told reporters in a briefing.

“Ibig sabihin po niyan, makalalaya Pemberton, wala na pong issue kung siya’y entitled sa GCTA, wala na pong issue kung applicable ba sa kanya ‘yung batas dahil hindi siya nakulong sa national penitentiary (The pardon means that he can be released, there is no more issue on the application of Good Conduct Time Allowance because he was not detained at the national penitentiary),” he added.

“Binura na po ng Presidente kung ano pa‘yung parusa na dapat

ipapataw kay Pemberton. Ang hindi po na burang Presidente,‘ yung conviction ni Pemberton (The President extinguished the punishment. What he could not extinguish was his conviction) Roque said.

Pemberton was meted a jail term of 10 years for killing transgender woman Jennifer Laude in 2014 in Olongapo City. He was detained at the custodial center of the Armed Forces headquarters in Camp Aguinaldo in line with the 1998 Visiting Forces Agreement with the US.

Roque served as the lawyer of the Laude family.

Duterte’s grant of pardon to the US solider caught many by surprise. Last week, Malacañang said the decision of the Olongapo City court ordering Pemberton’s release was a “judicial overreach.”

Sen. Maria Josefa Imelda Marcos said the President’s move showed that the Philippines-US relations “are very deep and very cordial.”

“The role of the President in issuing a pardon is to prevent any future discordant issues that opposition politicians would try to exploit. The

President has laid the issue to rest and we thank him for it,” she added.

But Sen. Francis Pangilinan frowned on Duterte’s action.

“This questionable and highly controversial pardon helps to redirect and divert the public’s attention away from the incompetent, corrupt and failing Covid campaign,” he said.

Revolting

Virginia Suarez, counsel of the Laude family, denounced the grant of absolute pardon to Pemberton.

“This is another injustice not only to Jennifer Laude and family, but to the Filipino people. This is a travesty of Philippine sovereignty and democracy,” she added.

Lawmakers from the Makabayan bloc also slammed the President’s decision.

For Gabriela Women’s Party Rep. Arlene Brosas, “by granting pardon to Pemberton, Duterte has committed treason.”

“Pemberton’s guilt in the death of Jennifer Laude is loud and clear. This move by President Duterte is an

outright disregard for the respect of the Philippine justice system and an affront to our sovereignty. Pardoning such heinous crime is clearly an evidence of betrayal of public trust,” she said.

Bayan Muna Rep. Ferdinand Gaite said the move was a “shameless and absolute display of puppetry” to the US.

Albay Rep. Edcel Lagman claimed that there was no just and valid reason to pardon Pemberton.

He said that “while the constitutional power of the President to pardon prisoners whose convictions have become final is deemed absolute, such act of executive clemency must neither be arbitrary nor capricious.”

“The President should have considered the sentiments of the family of the victim, as well as the escalating protests against the projected premature release of Pemberton and upholding Philippine sovereignty by making convicted US military personnel serve their full sentence,” he added.