DOJ defends Duterte grant of absolute pardon to Pemberton

September 8, 2020

Justice Secretary Menardo Guevarra on Tuesday defended President Rodrigo Duterte’s grant of absolute pardon to United States Marine Lance Corporal Joseph Scott Pemberton who had been convicted of homicide for killing transgender Jennifer Laude in 2014.

“But nothing prevents the President from directly exercising his constitutional power to grant executive clemency at any time, because it is a personal act of grace,” Guevarra said.

Guevarra said he was consulted by Duterte before he decided to grant Pemberton absolute pardon.

“I just told him (President) that pardon is  an act of grace and that is his exclusive prerogative under the constitution,” he said.

Guevarra said  Duterte decided on his own to grant absolute pardon to Pemberton.

Guevarra was called to Malacanang on Monday and met with  Duterte.

“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 recalled.

“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,” he added.

A few minutes into the meeting 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,” Guevarra said.

The motion for reconsideration DOJ prosecutors filed before the Olongapo City Regional Trial Court (RTC) Branch 74 seeking to stop the release of Pemberton has been rendered moot.

Guevarra said Pemberton would not be deported, but since he is a military personnel, another mode of transportation might be arranged for 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 stressed.

Guevarra said the presidential pardon given to Pemberton would be enough for the Bureau of Corrections (BuCor) to issue a release order.

Pemberton’s lawyer Rowena Flores said she had informed her client about the President’s decision granting him absolute pardon and he was happy and she informed him of their next step.

They now intent to start processing his clearance requirements and would request, given his special circumstance, for the National Bureau of Investigation (NBI) and the Bureau of Immigration (BI) to send personnel to visit him in Camp Aguinaldo and 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 the 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.

Guevarra pointed out 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 (Visiting Forces Agreement).”

Flores expressed hopes that Pemberton would be released by Friday. “At this time I can assure you that he would not be spirited away from the country and that he will comply with whatever there is before he goes out of the country,” Flores said in an interview. DMS