Robredo on pardon: Is it fair and just?

MANILA, Philippines — President Duterte’s granting of absolute pardon to US Marine Lance Corporal Joseph Scott Pemberton, who was convicted of homicide for the death of transgender Jennifer Laude in 2015, proves his administration’s bias toward the “powerful,” Vice President Leni Robredo said yesterday.

“This case is just one of the many proofs of the government’s bias toward those in power,” Robredo said. “Our question is: is this decision fair and just?”

She noted that thousands of inmates are waiting for the resolution of their cases as they could not afford a lawyer.

Robredo said Pemberton had lawyers, special detention facilities, a quick public trial and an appeal.

“Now, it has become clearer that he also has resources to ensure that his case will get the attention of the President himself,” Robredo, a former pro bono lawyer, said.

The Vice President said many Filipinos have committed lesser offenses but do not get such attention and privilege.

“What we see is that if you are poor, there is punishment; but if you are rich and in power, you can walk free,” Robredo said.

Last week, the Olongapo Regional Trial Court ordered the release of Pemberton due to good behavior.

The US serviceman has been held at a facility at Camp Aguinaldo instead of regular prison in accordance with the Philippine-US Visiting Forces Agreement (VFA).

‘Laudes unfairly treated, not Pemberton’

The camp of Laude refuted yesterday President Duterte’s statement that Pemberton was not treated fairly.

Virginia Suarez, lawyer for the Laude family, said it was Laude, her family and the Filipino people who were unfairly treated, adding that Duterte does not seem to know a lot about the case.

“From the very beginning, the Philippines has not been able to take custody of Pemberton. The US did,” Suarez said.

In a televised speech on Monday, Duterte justified his decision to grant Pemberton absolute pardon.

“I was reading the newspaper, listening to the radio. I said, it’s not fair... I told Justice Secretary (Menardo Guevarra)... I called them, I told them earlier, it’s my decision to pardon. Correct me if I’m wrong, but that’s how I viewed the case,” Duterte, a former prosecutor, said.

“We have not treated Pemberton fairly. So I released him,” Duterte said.

The militant Bagong Alyansang Makabayan (Bayan) said Duterte’s statement that the US serviceman was unfairly treated was baseless.

“It cannot be cited as the reason for granting Pemberton absolute pardon,” Bayan secretary general Renato Reyes said.

“From the onset, Pemberton enjoyed special treatment under the VFA. During the trial, he was held in a facility controlled by the US. After his conviction, a special jail in accordance with US specifications was constructed for him,” he added.

Pemberton did not serve a single day inside a Philippine jail because he enjoyed the special treatment accorded to US soldiers under the VFA, according to Reyes.

The human rights group Karapatan denounced the granting of absolute pardon to Pemberton and described it as “a despicable and shameless mockery of justice.”

The group said Duterte has given importance to the interests of the US government over the demands of the Filipino people for justice and accountability.

“This is a slap on the LGBTQ+ community and a blatant affront to our national sovereignty,” Karapatan said.

Albay Rep. Edcel Lagman also questioned the absolute pardon granted by the President to Pemberton.

Lagman said the pardon, although deemed absolute under the law, may still be questioned before the Supreme Court for being arbitrary and capricious.

“There appears to be no just and valid reason for granting Pemberton an absolute pardon,” Lagman said.

He explained that the Board of Pardons and Parole was created by Congress to recommend prisoners who are deserving of executive clemency, precisely to prevent abuse by the Chief Executive in exercising the constitutional power to pardon prisoners whose convictions have become final.

“It appears that the Board of Pardons and Parole has not recommended the presidential pardon of Pemberton since the Department of Justice, to which the Board is an attached agency, is in the process of preparing a motion for the Olongapo City Regional Trial Court to reconsider its order for the early release of Pemberton erroneously based on good conduct time allowance,” Lagman said.

“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,” Lagman added. – Evelyn Macairan, Rhodina Villanueva, Edu Punay