PRESIDENT Rodrigo Duterte on Monday evening, September 7, 2020, said he pardoned American soldier Joseph Scott Pemberton because the latter was treated unfairly.
“In fairness, tapos na yung kwentada and he was recommended to be released. Eh di i-release mo. Kaya isip-isip ko, nakikinig nga ako sa.. yung newspaper pati sa radyo. Sabi ko, it is not fair. Hindi makatarungan,” Duterte said during a meeting with some Cabinet members Monday evening.
The President said he told Justice Secretary Menardo Guevarra and Executive Secretary Salvador Medialdea that he has decided to pardon Pemberton.
“Correct me if I’m wrong, but ito ang tingin ko: You have not treated Pemberton fairly,” Duterte recalled himself telling Guevarra and Medialdea.
The presidential pardon was granted five days after the Olongapo Regional Trial Court ordered Pemberton’s release, saying that with his good conduct time allowance (GCTA), the American soldier has served more than 10 years in prison already.
Pemberton was convicted in December 2015 of homicide for killing transgender Jennifer Laude in October 2014. He was sentenced to up to 10 years in prison.
Duterte said computation of the GCTA should include the time that Pemberton spent in detention while he was still on trial.
However, no record of Pemberton’s behavior could be found since he was held in Camp Aguinaldo.
“Ang pagkwenta hindi alam nila kung kasali ba o hindi at may record. Eh walang record kasi yung lugar alin duon na detenado si Pemberton sa Marines, sa garrison. Ang Marines never kept a record...hindi trabaho ng Marines ‘yan kasi hindi sila BJMP o taga Muntinlupa,”
BJMP refers to the Bureau of Jail Management and Penology (BJMP) which supervises the jails where individuals accused before a court and awaiting or undergoing trial are temporarily held.
Upon conviction, a person deprived of liberty is turned over to the New Bilibid Prison in Muntinlupa or in any of the facilities run by the Bureau of Corrections (BuCor).
The absence of any record of his behavior while serving his sentence is not Pemberton’s fault, Duterte said.
“He is not required to keep his record of his own and characterize his behavior there inside, while in prison, detenado for the hearing,” Duterte said.
The President said Pemberton is presumed to have shown good behavior as no report on bad behavior has been submitted against the American soldier.
Laude and Pemberton met in a bar in October 2014. Pemberton was then in the country to participate in joint military exercises.
Laude was later found dead in a hotel, her head slumped in toilet bowl. She had drowned.
Pemberton admitted to choking Laude during a fight that ensued after he learned that Laude was a transgender woman. He said, however, that Laude was merely rendered unconscious. (Marites Villamor-Ilano/SunStar Philippines)