(Eagle News) — The Department of Justice has already transmitted the certificate of absolute pardon for US serviceman Lance Corporal Joseph Scott Pemberton signed by President Rodrigo Duterte to the Bureau of Corrections (BuCor) which has already started processing his release.
Justice Secretary Menardo Guevarra sent on Sept. 9 the certified true copy of the absolute pardon granted by President Duterte to Pemberton on Sept. 7 to BuCor Director General Undersecretary Gerald Bantag.
The certificate signed by President Duterte read: By virtue of the authority conferred upon me by the Constitution, Mr. Joseph Scott Pemberton – who was convicted by the Regional Trial Court in Olongapo City and affirmed with modification by the Court of Appeals, of Homicide and sentenced to an indeterminate sentence of six years prision correccional as indeterminate minimum penalty and 10 years of prision mayor as indeterminate maximum penalty – is hereby granted absolute and unconditional pardon.”
BuCor Spokesman Gabriel Chaclag said that the bureau had already received the copy of the absolute pardon granted to Pemberton sent by the DOJ.
BuCor chief Usec Bantag also said in a memorandum that their Document Section has certified the “authenticity of the copy of the Absolute Pardon” and that it was “found to be in order.”
“The carpeta and prison record of L/CPL Joseph Scott Pemberton has been evaluated and as per records, subject PDL Pemberton has neither pending appeal nor pending case. Accordingly, subject PDL having no other legal cause to be detained shall be released immediately from confinement and shall be turned over to Bureau of Immigration,” the memorandum added.
-Minimum sentence already served, P4.6 million in damages already paid-
Pemberton had already served more than five years and 10 months in prison which is nearly equivalent to his minimum sentence of six years imprisonment.
A regional trial court in Olongapo City has ordered the release of Pemberton who was convicted for the killing of Filipino transgender Jennifer Laude in 2014.
Olongapo RTC branch 74 Judge Roline Ginez-Jabalde early this month approved the partial motion for reconsideration submiited by Pemberton, and considered that the US soldier had already served his sentence of more than 10 years imprisonment after computing the period of his preventive suspension, actual service of sentence and good conduct time allowance.
The court said that Pemberton had already served 10 years, one month and 10 days of imprisonment, which is more than the 10 years maximum penalty imposed by the court, after also considering his GCTA.
The judge also said that Pemberton had already paid the P4.6 million in damages to the victim’s family.
Pemberton’s lawyer, Atty. Rowena Flores, has said in a television interview that the US serviceman has long expressed deep regret for the killing of Filipino transgender Jennifer Laude in October 2014.
She said that Pemberton planned to also write a letter expressing his apologies to the Laude family.
Pemberton was only 19 years old when he killed Laude, then 26, in 2014 when he found out that the transgender was a man in a motel room in Olongapo City.
During the hearing in court, Pemberton admitted fighting with Laude, but not to killing the transgender. He claimed he acted in self-defense, after he discovered “it was a man” who was performing a sexual act on him.
-Pres. Duterte explains Pemberton not treated fairly-
President Duterte on Monday night, Sept. 7, in his televised address to the nation, explained that he granted absolute pardon to US marine saying he believed the US soldier had not been treated fairly.
The President said that he had called up Executive Secretary Salvador Medialdea and Justice Secretary Menardo Guevarra about the issue.
“So sabi ko kay [Executive] Secretary Medialdea, si ES, pati si ang Secretary of — pinatawag ko sila dito ngayon kanina — Menardo Guevarra, sabi ko, ‘It’s my decision to pardon. Correct me if I’m wrong, but ito ang tingin ko sa kaso. You have not treated Pemberton fairly so i-release ko. Pardon,” he said.
“Eh ang pardon walang maka-question niyan. It’s — wala talaga, it cannot be questioned anywhere,” Duterte said.
The President said that he gave Pemberton absolute pardon because he just wanted to do things fairly.
“And it’s not because of that that I pardoned Pemberton. Kaligaya ko na lang magpakulong ng mga buang, mga g***. But you know if there is a time where you are called upon to be fair, be fair, be fair,” he said.
(Eagle News Service with a video report from Moira Encina)