MANILA, Philippines — For Justice Secretary Menardo Guevarra, the grant of absolute pardon to US Marine L/Cpl. Joseph Scott Pemberton, convicted for killing Filipino transgender woman Jennifer Laude, is a matter that is already closed.
Guevarra also said he cannot speculate on the motive behind President Rodrigo Duterte’s grant of pardon to Pemberton and stressed that the decision was within the president’s prerogative.
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“I cannot speculate on the president’s motives. He has explained his reason for granting pardon to Mr. Pemberton. For me, that’s the end of story. Let’s move on,” he told reporters.
READ: Duterte's pardon to Pemberton has 'basis,' 'not arbitrary' — Guevarra
The justice secretary was asked for his comment on presidential spokesperson Harry Roque’s statement that, in his opinion, Duterte likely granted pardon to the American convict for access to COVID-19 vaccines being developed by American pharmaceutical firms.
“My sentiments are irrelevant. I defer to the personal judgment of the president on matters within his constitutional prerogative,” Guevarra added.
Health Undersecretary Maria Rosario Vergeire meanwhile said that they have had discussions with US manufacturers. “No conditions were provided or given for us.”
GCTA applicable to foreign nationals
Guevarra earlier said Duterte must have had basis, such as issues surrounding Pemberton’s release through the Good Conduct and Time Allowance law, for his decision — that surprised even him and US Ambassador Sung Kim.
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.
In an interview earlier this week, Guevarra said that around the time he learned of the DOJ’s motion for reconsideration, 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 then.
One of the legal issues raised in the appeal against Pemberton’s release order was whether he is eligible to claim benefits from the GCTA law.
Addressing this, the DOJ chief told reporters: “The GCTA law will apply to all persons, including aliens, convicted by final judgment of a Philippine court with competent jurisdiction and serving sentence in Philippine correctional institutions, unless non-application of GCTA to certain persons is expressly provided for by the law or by international treaties or agreements.”
READ: Duterte on Pemberton pardon: Allow him the good character presumption
Duterte’s grant of pardon, which cannot be reviewed, rendered the court proceedings moot.
Pemberton is now under the custody of the Bureau of Immigration as it processes his deportation. He remains inside his facility at Camp Aguinaldo.