MANILA, Philippines — While the camp of slain transgender Jennifer Laude still believes there was injustice in granting absolute pardon to convicted US Marine Lance Corporal Joseph Scott Pemberton, the victim’s lawyer hopes the killer has learned the value of life.
“May he find peace of mind. Hoping he has learned from all these, the value of life and dignity regardless of gender and nationality,” Virginia Suarez, lawyer of the Laude family, said yesterday.
Suarez added that while “Jennifer’s case has ended,” the country continues to be plagued by poverty and struggle caused by the Duterte administration’s incompetence to curb corruption and the coronavirus disease 2019 crisis.
Pemberton left the country yesterday morning, after deportation and following the pardon granted to him by President Duterte.
“As a consequence of the deportation order against him, Pemberton has been placed in the bureau’s blacklist, perpetually banning him from coming back,” Bureau of Immigration (BI) Commissioner Jaime Morente said in a statement.
BI spokesperson Dana Sandoval said the blacklist has a prescriptive period of 10 years, and only after it has lapsed can the US serviceman file for a lifting of blacklist.
“(But then,) he would have to prove that the ground for undesirability is not present anymore. In this case, the ground for his undesirability is the killing of Jennifer Laude, and it would be difficult (for him to be released from this undesirability) because of what happened,” Sandoval said.
The US soldier has been in the BI’s blacklist since Sept. 16, 2015, when he was ordered deported by the BI’s Board of Commissioners for being an undesirable alien, after being charged with murder and was later convicted of homicide, a lower offense.
The deportation order was signed by then BI commissioner Siegfred Mison, and then deputies Gilberto Repizo and Abdullah Mangotara.
Pemberton reportedly filed a motion for reconsideration in November 2015, but it was denied. The resolution stated that Pemberton’s continued presence in the Philippines is not conducive “for the safety, welfare, happiness, or good order of Philippine society.”
“His criminal case is separate from his immigration case. The bureau saw that he is a risk to public safety, having been found guilty of the crime. Hence, he was tagged as an undesirable alien, and will be expelled from the Philippines,” Morente said.
The BI ordered Pemberton’s deportation more than three months before the Olongapo City Regional Trial Court (RTC) Branch 74 Judge Roline Ginez-Jabalde rendered her verdict on Dec. 1, 2015 that found him guilty of homicide and sentenced him to six to 10 years in prison.
“Following standard deportation procedures, we had to wait until he completed serving his sentence before we could implement the deportation order,” Morente said.
Last Sept. 1, the Olongapo RTC ordered the Bureau of Corrections (BuCor) to release Pemberton, believing that he has completed his sentence, with the help of his GCTA.
The Laude family, however, filed a motion for reconsideration and questioned the computation of his GCTA since he was detained in the Joint US Military Assistance Group, guarded by fellow US soldiers, and not in a regular penal facility where the BuCor could have observe his behavior and confirm if he showed good behavior or not.
The Department of Justice also filed its own motion for reconsideration before the RTC, but all their motions became moot when Duterte last Sept. 7 announced that he has granted absolute pardon to Pemberton, who he said was “treated unfairly.”
The Chief Executive explained that it was not Pemberton’s fault that there was no record of his conduct while he was in prison.
On Sept. 10, Malacañang released the document on Pemberton’s absolute pardon.
While he was relieved that the Pemberton issue has come to a close, although with some conflict, Justice Secretary Menardo Guevarra said the incident brought attention to the Visiting Forces Agreement (VFA) between the Philippines and the United States.
“I am relieved to see the end of the Pemberton episode. Though attended with intense conflict, it has provided valuable insights and lessons to ponder on regarding the future of the Visiting Forces Agreement, the administration of criminal justice and the exercise of the president’s constitutional powers,” Guevarra said.
Last Jan. 23, Duterte announced his intention to abrogate the country’s VFA with the US. Last June 1, however, it was announced that the termination has been suspended for six months.