Friday release eyed for Pemberton after Duterte pardon

The camp of US Lance Corporal Joseph Scott Pemberton is working to have him released within the week after President Rodrigo Duterte granted the American serviceman absolute pardon.

“Umaasa ako na sa Biyernes makaalis na siya pero makikipag-usap pa ako sa Bureau of Immigration kung ano ang hihingin nila sa amin bago palayain si Pemberton,” lawyer Rowena Garcia-Flores said in an interview on Dobol B sa News TV.

She said Pemberton remains in his cell in Camp Aguinaldo as he has no deportation order yet.

“Andun pa rin po siya, hindi siya makaalis dahil no deportation order ang Bureau of Immigration sa kanya. At bago maisaepekto ang order of deportation, merong nire-require ang BI, isa na po doon ang NBI clearance, tiket sa eroplano, travel document, fingerprinting, at taking of picture,” she said.

The lawyer said they will comply with the requirements but they will ask the BI and National Bureau of Investigation to process Pemberton’s release in Camp Aguinaldo.

“Ngayon iko-comply namin as much as possible, for example wala pa siyang plane ticket, wala pa siyang proper document. Hihilingin ko na sana kung may empleyado ang NBI, for example, kung pwedeng kumuha ng fingerprint niya sa Camp Aguinaldo. Hihilingin ko para hindi magkagulo ‘pag siya pa nagpunta sa NBI,” she said.

Pemberton, convicted of homicide for the killing of transgender Filipino woman Jennifer Laude in 2014, is incarcerated in a facility inside Camp Aguinaldo.

Allaying speculations of special treatment, Flores said Pemberton "was inside the jail the whole time." She said Pemberton's only social activity was talking to his guards, and that his visitors were only his mother and his lawyers.

Duterte's pardon

In a briefing in Davao City on Monday, Duterte said he has granted absolute pardon to Pemberton whom he said was treated "unfairly" when his behavior while detained and in prison was not duly monitored by Philippine authorities for good conduct time credits.

"'Pag walang record, 'di mo malaman kung nabilang ba o hindi. Pagka ganon hindi kasalanan ni Pemberton. He is not required to keep a record of his own and characterize his behavior while inside the prison," Duterte had said.

The pardon was granted amid questions on the computation of Pemberton's good conduct time allowance, which an Olongapo City court has cited as reason for ordering his release but was challenged by Laude's family.

The pardon did not sit well with Laude's family. Interviewed on Unang Balita, the family's lawyer, Virgie Suarez, said it was Jennifer Laude, the victim, who was treated unfairly and not Pemberton.

"Para sabihin niya na si Pemberton ay unfairly treated, walang basehan. If there's anyone who is unfairly treated dito ay si Jennifer Laude, ang pamilya ni Laude, at buong mamayang Filipino," Suarez said.

Justice Secretary Menardo Guevarra said Duterte consulted him before granting the pardon. "Yes, I was consulted by the President before he made the decision," he told reporters on Monday.

"Pardon is an act of grace on the part of the chief executive. He may exercise this plenary power of executive clemency at any time and under any circumstance," he added.

Pemberton 'happy' with pardon

Pemberton, a participant in joint Philippine-US military exercise, was convicted for killing Laude in an Olongapo City lodge in 2014 after he realized that she was a transgender woman while they were out on a date.

Asked on Pemberton’s reaction, Flores said the former was very happy.

“Masaya siya. Nakausap ko siya 6:30 kagabi pero alam n’yo he’s a man of few words, mababasa ko, nararamdaman ko na sa tono ng boses niya na tuwang-tuwa siya,” she said.

“Nung tumawag ako sa kanya hindi na ako nag-hello, ang sabi ko sa kanya, ‘you’re free.’ Sabi niya, ‘yeah, I heard the news.’ ‘Yun lang po ang sinabi niya.  Sabi ko ‘are you happy?’ sabi niya ‘yes, I’m very happy.’ Sinabi ko sa kanya ‘yung mga dapat naming gawin sa mga susunod na raw para makalaya na po siya,” she added.

Once cleared to leave the country, Flores said Pemberton will be escorted by a guard from the US Marines and a representative from the US Embassy to board a US military plane.

“Ang pagkakaalam ko ie-escort siya ng kanyang guard na US Marines, may representative from US Embassy na sasamahan siya sa eroplano, US military airplane po ang gagamitin at hindi ko alam kung sa Guam o sa Hawaii,” she said.

Flores, during an ANC interview earlier in the day, said Pemberton was "very sorry that all these things happened" and noted that the American soldier "has always been spiritual."

"His family is composed of Christian members," Flores said. "He had his own Bible and highlights portions that he likes."

Flores also said he would ask Pemberton to write a letter of apology to Laude's family instead of talking personally with them. —KBK/AOL, GMA News