By Artchil B. Fernandez
“The country did not treat him [Pemberton] fairly,” Du30 declared. To correct the “injustice” done to the US marine, Du30 granted him absolute pardon this week. Once again Du30 demonstrated how twisted justice is under his administration.
US Marine Lance Cpl. Joseph Scott Pemberton was convicted by the Regional Trial Court (RTC) in Olongapo City for killing transgender Jennifer Laude in 2014. He was sentenced to serve six to ten years of imprisonment. His case resurfaced in public this week when the Olongapo Court ordered his release last September 1 for having served his maximum jail penalty with good conduct time allowance (GCTA) credits.
The release order of the court caused public outcry and the family of Laude is contesting the decision of the court. The furor created by the release order and the appeal of Laude’s lawyer delayed the release of Pemberton. Then Du30 came to his rescue.
Sweeping aside the legal entanglements on the questions regarding the good conduct time allowance (GCTA) credits, Du30 used the presidential power of pardon to settle the matter. He granted Pemberton absolute pardon, paving the way for his release. Du30 rationalized his decision by claiming that the US marine was not treated fairly. Was Pemberton unjustly treated hence the need for a presidential pardon to correct it?
Examining the facts of the case, they show that Du30 is again lying and that justice in his world is mangled and twisted.
Laude was killed by Pemberton in 2014. The US Marine lance corporal arrived in the country in that year to participate in the joint military exercises under the Visiting Forces Agreement (VFA).
Pemberton’s trial for the killing of Laude lasted a little over a year. He was arrested in October 2014 and was found guilty of killing Laude in December 2015. In a country where the wheel of justice grinds exceedingly slowly, the completion of the trial is a record. Many Filipinos accused of petty crimes wait years for their cases to be resolved while they languished in jail. Pemberton on the other hand was given a speedy trial. How can Du30 say he was treated unfairly? He enjoyed a privilege ordinary Filipinos accused of crimes are denied.
Convicted criminals usually serve their sentences in Philippine jails. Pemberton on the other hand served his sentence in a special custodial facility built for him at the Mutual Defense Board and Security Engagement Board area in Camp Aguinaldo. A steel shipping container was converted into a makeshift prison for Pemberton and is under the administration of the United States with American and Filipino personnel guarding him. Is this an unfair treatment of Pemberton for Du30?
Contrast the situation of Pemberton with that of thousands of Filipino convicts in overcrowded jails in the country. The facilities in these jails are in poor condition and the food is terrible. Pemberton, a convicted felon never tasted the terrible condition of Philippine jail. He was not even in one. Yet Du30 found him not treated fairly.
Then, there is the absolute presidential pardon that Du30 granted to Pemberton. How many convicted Filipinos enjoyed the rare privilege of a presidential pardon? There are many convicts in Philippine jails who committed minor or petty crimes who deserve pardon especially senior citizens more than Pemberton. Du30 did not use his power of pardon to help them. Pemberton is one lucky guy.
Looking at the situation of Pemberton, he was not treated unfairly. In fact, he enjoyed privileges and perks denied to similarly situated Filipinos. Pemberton was not treated unfairly he got special treatment – a speedy trial, a special jail and a presidential pardon cutting short his sentence.
For Du30 to say that Pemberton was not treated fairly is a blatant lie. It is a lame excuse to abuse his power to pardon. In Du30’s twisted justice, what is “just” for him is what he wants.
Du30 talks about fairness in the case of Pemberton, but was he fair when he slaughtered thousands of suspected drug pushers and addicts? Did he give them fair trial or even the benefit of an investigation? They were butchered on the mere suspicion. Yet Du30’s sense of “justice” was pricked when he thought Pemberton not treated fairly.
Aside from Du30’s perverse concept of justice, there is a bigger picture in play in the pardon of Pemberton. The pardon of Pemberton came two months after Du30 suspended the termination of the VFA. The pardon signals that the termination of the VFA is terminated. This implies that the VFA is staying and Du30’s anti-US bluster is a fake.
The pardon once again reveals the ascendancy of the military in the Du30 administration. Only the Philippine and the US militaries have special interest in the Pemberton case. Both sides wanted to put the case behind them and move forward. Both also wanted to preserve the VFA and other military agreements between the US and the Philippines. Du30 tried to pivot to China and attempted to upend the Philippine-US military alliance. It appears he failed and cannot carry out the order of Beijing.
For survival, Du30 has no choice but to appease the military. His incompetent handling of the Covid-19 pandemic only made him and his administration more and more vulnerable. He needs the military for his political survival. Du30 is forced to back-tract on his move to abrogate the VFA due to the cancellation of Bato de la Rosa’s US visa. Granting absolute pardon to Pemberton who came to the country under the VFA is an indicator Du30 is retreating from his early move to terminate the agreement and reinforcing his cancellation of the VFA.
