President Rodrigo Duterte has granted absolute pardon to US Marine Lance Corporal Joseph Scott Pemberton after saying that he has been treated “unfairly”. The US Marine has recently been deported after serving six years out of his 10-year sentence for the murder of Filipino transgender woman Jeffrey “Jennifer” Laude back in 2014.
Although it is well within his absolute power of pardon provided by the Constitution, Duterte’s controversial decision has drawn criticism from many citizens, including the family of Laude, victims of similar crimes, and advocates of the LGBTQ+ community.
However, supporters of this decision are calling it a clever political move, considering how it may affect the relations between the two countries, especially during a critical time like this. Presidential spokesperson Harry Roque believes that Duterte has granted this pardon with a “higher national interest” in mind, in the hopes that Filipinos will be given priority access once the US-made COVID-19 vaccine has been developed.
Some also defend the President’s ruling to the extent that Pemberton was still a teenager when he committed the said crime. They would go as far as to calling him a “rape victim” as Laude did not disclose that she was a transgender until they already had sexual intercourse. Along with serving six years of his sentence and paying P4.3 million in civil damages to her family, they say that this sort of compensation is more than enough.
However, with all this being said, granting Pemberton absolute pardon is still a miscarriage of justice. This is actually the very proof that shows the special treatment that he has been receiving throughout his imprisonment. While many Filipinos are already being killed without a fair trial, he was allowed to enjoy this privilege of a presidential pardon without having to go through the tedious process to apply for it.
This still raises a lot of questions as to how fairly (yes, fairly) he was treated while serving his time. His case concluded within 10 months, which is 2 months shorter than the advised one-year deadline placed in the PH-US Visiting Forces Agreement (VFA). Pemberton was also detained in an air-conditioned facility that was built specially for him. His stay in prison was easily different from that of the ordinary inmates that fight to survive in the usual congested and unhygenic jails that we see in the Philippines.
The Olongapo Regional Trial Court has granted him an early release after only having to serve 5 years and 8 months out of his already reduced 10-year sentence, which was originally 12 years long. Stating that there were no records to evaluate him under the rules on good conduct time allowance (GCTA), Duterte granted him absolute pardon, within the grounds that he has been treated “unfairly”.
Regardless of foreign relations, it would’ve been best to ensure the proper upholding of the law for both the state’s and the victim’s side. If all of us are equal before the law, then why are thousands of poor Filipinos not given the chance to receive this absolute pardon while Pemberton had his ticket to freedom simply handed to him on a silver platter?
When the pursuance of justice should’ve been the priority, Laude and her family were deprived of their right to do so. Sure, the family may have received a sum of over four million pesos, but who would be willing to exchange the life of their loved one for money?
It is true that we cannot question Duterte’s decision as he is given the power to do so under our very Constitution, but these aren’t just enough reasons for the special treatment that Pemberton has received before, during, and after his detention period.
So, in this situation, who do you really think was treated unfairly? Was it Pemberton or Laude?
Story by Eunso Im (Sapere Aude)
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