BuCor preparing for Pemberton release, says no special treatment

The Bureau of Corrections (BuCor) is preparing for the release of convicted US Marine Joseph Scott Pemberton after President Rodrigo Duterte granted him absolute pardon, an official said Tuesday.

BuCor spokesman Gabriel Chaclag said they are making their own preparations while they wait for an official copy of the pardon.

He said this is the first case of an American getting pardoned that they have encountered since Director General Gerald Bantag was appointed to lead the BuCor.

"Ito pong kaso ni Pemberton ay tinuturing namin na first time at 'yung pag-process naman sa kanya ay hindi naman po natin binibigyan ng espesyal na turing. We consider it as an ordinary release," he said on Dobol B sa News TV.

He said they will follow the ordinary process for the release of inmates, including pardonees and parolees, which he said can take days. "I-expedite lang natin para matapos na rin 'yung usapin," he said.

"Only that we have to consider all implications ng ating ginagawa, dahil nga po itong PDL (person deprived of liberty) na ito ay covered din siya ng ibang agreement," he added.

Pemberton's presence in the Philippines is governed by the Philippines-US Visiting Forces Agreement.

Pemberton's lawyer earlier said they are working to have the serviceman released this week.

The US serviceman was convicted of homicide in 2015 for the 2014 killing of Filipino transgender woman Jennifer Laude in Olongapo City. He was sentenced to six to 10 years in prison.

Duterte granted Pemberton absolute pardon, extinguishing his criminal liability, amid a debate on whether he was entitled to early release on account of time credits for "good conduct."

Before the pardon came, an Olongapo court had ordered the BuCor to update its computation of Pemberton's time served and to determine whether or not he could be granted good conduct time allowances.

'Unfairly treated'

Lawyers for the Laude family have condemned the pardon. 

Interviewed on GMA News' Unang Balita earlier in the day, lawyer Virgie Suarez said it was Jennifer Laude, her family and the Filipino public who were unfairly treated, contrary to the pronouncements of Duterte that the American serviceman was the one "treated unfairly."

"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.

In a briefing in Davao City on Monday, Duterte said he 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.

"So sabi ko kay Justice Secretary [Menardo Guevarra], [Executive Secretary Salvador] Medialdea... 'Correct me if I'm wrong but ito ang tingin ko sa kaso. You have not treated Pemberton fairly. So i-release mo'." — RSJ, GMA News