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DOJ chief on Pemberton pardon: Duterte must have basis


President Rodrigo Duterte must have had some basis for granting convicted US Marine Joseph Scott Pemberton absolute pardon, Justice Secretary Menardo Guevarra said Wednesday.

Guevarra said nothing in the Philippine Constitution prohibits the President from granting executive clemency even in the absence of an application from a sentenced person.

"Of course we have to presume that the President should have some basis in granting that executive clemency," the DOJ chief told ANC.

"As in the case of Mr. Pemberton, for example, he was aware about the issue surrounding his release so it's not something like as if it's so arbitrary, so whimsical, just out of the blue," he added.

Duterte pardoned Pemberton this week, extinguishing the serviceman's criminal liability for killing Filipino transgender woman Jennifer Laude in 2014.

The pardon came as the Laude family and public prosecutors contested a court ruling that sparked a debate on whether Pemberton was entitled to deductions to the time he has to serve in prison for "good conduct."

Though detained for only over five years out of a sentence of six to 10 years, Pemberton was ordered released by an Olongapo court that said he had accumulated enough good conduct time allowances (GCTA) on top of his actual time served that he is considered to have served the maximum penalty of 10 years.

But legal issues on whether he is entitled to release this early have been swept aside by the pardon. The Bureau of Corrections said it is already preparing for Pemberton's release.

Guevarra, who admitted to being surprised by the pardon, said he thought it was "improper" to question Duterte's decision, it being a "personal act of grace."

"The President must also have some basis in his own mind, in his own judgment as to why he is deciding to grant pardon to anyone," he said.

"Hindi naman whimsical or capricious ang pag-grant niyan. The President must also have some basis in his own mind," he added.

According to the 1987 Constitution, the President may grant reprieves, commutations and pardons, and remit fines and forfeitures after conviction by final judgment, except in cases of impeachment or as otherwise provided in the charter.

The President also has the power to grant amnesty with the concurrence of a majority of all members of Congress. —KBK, GMA News

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