Pemberton release process ‘expedited’

MANILA, Philippines — There is no need for deportation proceedings, and fresh fingerprints, mug shots and even a COVID swab test have been taken as the government “expedites” the release of homicide convict US Marine Lance Corporal Joseph Scott Pemberton.

The Bureau of Corrections (BuCor), which has jurisdiction over the special prison where Pemberton has been detained for nearly six years, has begun the process of releasing the US serviceman after he was given absolute pardon by President Duterte for killing Filipino transgender Jennifer Laude.

BuCor spokesman Gabriel Chaclag told dzBB yesterday that while Pemberton’s release would be “expedited,” the bureau would stick to procedures normally followed for the release of prisoners, especially those granted pardon.

“The process for pardon and parole for our prisoners would be followed just the same. Only that we have to consider all implications of what we are doing, because (Pemberton) is covered by other agreements,” Chaclag said.

He was apparently referring to the Visiting Forces Agreement (VFA), which includes provisions governing
 treatment of US servicemen who run afoul of the law.

“The order contains what would be done so, on our part, our personnel are getting ready. Each step would be handled by an officer and they are ready for whatever happens,” Chaclag added.

He said processing of release papers normally takes a few days or even weeks. “We will do everything (to expedite the procedure), we will not skip anything,” he said.

President Durterte’s grant of absolute pardon to Pemberton came barely a week after the American soldier was ordered freed for good behavior under the Good Conduct Time Allowance (GCTA) law by an Olongapo City Regional Trial Court.

Pemberton was convicted of homicide in 2015 for killing Laude in a fit of rage inside a motel room in Olongapo City in October 2014 and as sentenced to a maximum of 10 years in prison.

But instead of being consigned to the New Bilibid Prison after his conviction, he was held at the Armed Forces of the Philippines (AFP) custodial facility at Camp Aguinaldo. The murder sparked calls for the termination of the VFA.

As of yesterday, Pemberton was still in detention at Camp Aguinaldo, but secured by guards from BuCor, Defense Secretary Delfin Lorenzana said.

He said Pemberton’s release would not even require clearance from the military.

“None. He’s in the custody of BuCor. Camp Aguinaldo is just a venue but custody has always been under BuCor,” he said.

Military officials are mum on details regarding Pemberton’s impending release.

“It’s still the BuCor that will be the first to know,” an official who asked not to be named said.

“This specific facility is being manned and managed by the BuCor. And again, as what was our earlier announcement, any queries (on) Mr. Pemberton may be coursed through the BuCor,” the military’s public affairs office told reporters.

‘You’re free’

Pemberton was already aware of his eventual release when his lawyer Rowena Flores told him about the presidential pardon.

In an interview over Double B sa News TV, Flores said she spoke to Pemberton at around 6:30 p.m. Monday and sensed an elation in his voice.

“When I called him, I no longer said ‘hello’. I told him ‘you’re free’. He said, ‘I heard the news’,” Flores said.

She asked him if he was happy and he replied, “Yes, I’m very happy” and she discussed with him the next steps they would take for his release. Their conversation only lasted around three minutes, she said.

Flores said she hopes Pemberton would be released by Friday. She also assured the public that he would not be “spirited away” from the country and that he would comply with the requirements for his release.

In interviews, Flores said that once cleared to leave the country, Pemberton would be escorted to a US military plane for a flight to Hawaii or Guam.

“That is what I know, but I am not entirely sure,” she said, when asked to confirm her initial statement that Pemberton would be flown to Hawaii or Guam.

In an interview over ANC, Flores said they intend to start processing his clearance requirements and would request the National Bureau of Investigation (NBI) and the Bureau of Immigration (BI) to send personnel to visit him at Camp Aguinaldo to take his picture and biometrics.

“We have applied online for an NBI clearance, talk to the NBI and ask that the NBI send its people to Camp Aguinaldo for them to take the picture there and the fingerprints because I don’t want a media circus if I bring Pemberton to the NBI and line up there. I would ask for that special paper from NBI, but also the BI because it requires also some fingerprinting and taking of pictures,” Flores said.

But Justice Secretary Menardo Guevarra stressed that “it is the BuCor who exercises authority on the release of sentenced persons, as may be modified by any agreement on the matter between the state parties to the VFA.”

When asked if Pemberton had shown any remorse for killing Laude, Flores said he “is very sorry” and that he had become spiritual and would frequently read the Bible. She would also advise her client to write to the Laude family and seek forgiveness.

Flores also expressed her gratitude to President Duterte for giving absolute pardon to Pemberton. “I would like to thank him for applying the law to Pemberton and the principle that in case of doubt the prisoner would be given the benefit of doubt. That is under the law,” she said.

DOJ’s Guevarra said President Duterte acted on his own and was not influenced by anyone when he decided to pardon Pemberton. He admitted though that the President called him to Malacañang on Monday to get his opinion.

“From where I was sitting this afternoon (Monday) at the presidential residence, I saw that the President’s decision to grant pardon to Pemberton was solely his own. No one prompted it,” Guevarra said.

“The President simply felt that it was not Pemberton’s fault that there was no way of recording his behavior in a military detention center all alone by himself. So, since there were no reports of misbehavior, the presumption of good conduct was on his side. I stated that granting executive clemency was the President’s constitutional prerogative,” Guevarra said.

US envoy surprised

Their meeting had already started when outgoing US Ambassador Sung Kim arrived.

“Fifteen minutes into our meeting, the US Ambassador arrived for his farewell call on the President. He seemed rather surprised when the President mentioned Pemberton’s pardon, and he thanked the President for it,” the DOJ chief said.

He also said that Pemberton would not be deported, and that since he is a military personnel another mode of transportation might be arranged for his departure, although he admitted he is not privy to details concerning his departure.

“No deportation necessary. The court will just lift the hold-departure order, if any was issued, and Immigration will simply let Pemberton depart… Since he is a US military personnel, there may be a different mode of transporting him out of the country,” he said.

Senate President Vicente Sotto III defended Duterte’s decision, saying he is empowered under the Constitution to grant absolute pardon.

“Presidential charity is immune from any challenge from any person, institution or other branch of government,” Sotto said.

“Any complaint about its exercise is futile. Such complainant must first seek to amend the Constitution if he so desires. The case is closed. Consummatum Est,” Sotto said.

Sen. Panfilo Lacson said Pemberton can still return to the country if he chooses to as “absolute pardon carries with it the extinction of criminal liability and full restoration of his civil rights.”

“Executive clemency or granting pardon is an absolute power and prerogative of the President. It is based on his own judgment that nobody can really question. I respect and support the decision of President Duterte,” Sen.  Bong Go said in a statement.

Sen. Risa Hontiveros described the pardon as “an unbelievable affront not only to the LGBTQI+ community but to the Filipino people.”

“While Filipinos who are convicted even of lesser crimes are never accorded such a privilege, an American who brutally killed a Filipina is allowed to walk free by the President himself. This current move also gives the lie to the so-called support of the President for the trans and whole LGBTQI+ community,” she said.

Sen. Imee Marcos is pleading with Duterte to certify the urgency of passing anti-discrimination bills pending in Congress, after he granted absolute pardon to Pemberton.

“The outcry against Pemberton’s pardon despite the horrific killing of transgender Jennifer Laude will never be fully appeased until the bills on SOGIE (sexual orientation, gender identity and expression) are passed by Congress and signed into law,” Marcos said.

“Now it behooves us to guarantee that violence against the LGBT+ community and other victims of discrimination is never repeated,” she added. – Evelyn Macairan, Paolo Romero, Michael Punongbayan, Pia Lee Brago