Duterte's pardon to Pemberton has 'basis,' 'not arbitrary' — Guevarra
MANILA, Philippines — President Rodrigo Duterte’s decision to grant a pardon to US Marine L/Cpl. Joseph Scott Pemberton, who killed Filipino transgender Jennifer Laude, must have basis and was not an arbitrary act, Justice Secretary Menardo Guevarra said.
Guevarra admitted that he was a “bit taken aback, a bit surprised” with Duterte’s move, but he said the president must have basis when he granted Pemberton pardon allowing the US marine to walk free from imprisonment after serving nearly five years.
“Of course we have to presume that the president should have some basis in granting the executive clemency as in the case of Mr. Pemberton. For example he was aware about the issue surrounding his release,” Guevarra said in an interview with ANC’s Headstart.
“It’s not something like as if it’s so arbitrary, so whimsical, so just out of the blue. The president has also some basis in his own mind,” the DOJ chief added.
On the same day that Duterte granted the pardon, state prosecutors in Olongapo City joined the family of Laude in blocking the earlier release order for Pemberton, on account of the Good Conduct and Time Allowance law.
Around the time he learned of the motion for reconsideration filed by the prosecution team, Guevarra said he was called to the president’s residence and was told that he has decided to grant Pemberton pardon.
“He didn’t explain who prompted him if there was any it appeared to me that it was his own volition, upon his own volition,” Guevarra said.
READ: Duterte on Pemberton pardon: Allow him the good character presumption | Duterte pardon grant to Pemberton 'solely his own' — Guevarra
He added that Duterte had immediately explained his reason for deciding as such—in a public address on Monday, the president said he thought Pemberton was treated “unfairly” when records of his good conduct was questioned—and Guevarra opted not to question the president.
“After hearing what he said, which I did not find to be objectionable anyway, he had some points. I thought it was improper for me to question it because that’s really a personal act of grace, a personal act of clemency on his part,” he added.
Pardons granted
Guevarra also noted that Duterte, since the start of his administration, has granted 139 pardons. Of these, 135 are Filipinos and four were foreign nations. Two of the foreigners were released under agreement of “prisoner swap with the United Arab Emirates,” he added.
“This a lot more than the total number of pardons given during the previous administration,” Guevarra pointed out.
But Duterte granting pardon to Pemberton drew criticism and outrage from rights groups, and even Vice President Leni Robredo.
Robredo questioned whether Duterte’s decision was fair and just. “Pemberton had lawyers, special detention facilities, a quick, public trial, and an appeal. Now, it appears he also has resources to ensure that the president himself can take notice of his case,” Robredo said.
“So many Filipinos with lesser offenses, but they are not given notice or granted such kind of privilege. What we are seeing: When it’s the poor, there is punishment; when it is the rich and the privileged, there is freedom,” she added in Filipino.
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