Pemberton case does not embody intent of training with US –AFP

The case of US Marine Corps Lance Corporal Joseph Scott Pemberton does not reflect the intent of training with their American counterparts, the Armed Forces of the Philippines (AFP) said on Sunday.

AFP spokesperson Major General Edgard Arevalo made the statement after the release and deportation of Pemberton, who was convicted in 2015 for killing transgender Filipino Jennifer Laude in 2014.

“The incident that involved LCpl Pemberton is an isolated case,” Arevalo said. “That does not embody the totality or the intent of training with our American counterparts —or with the armed forces of other countries for that matter.”

Arevalo pointed out that stringent measures and regulations are being implemented during the conduct of training, with military participants given comprehensive orientation on laws, mores, customs, and cultural sensitivities.

“But there could be one or two from among the many training participants who deviate from the established norms and desired conduct,” Arevalo said.

“The lesson that the recent incident tells everyone is that no one is above the law— and that for any misconduct or transgressions, they will be punished accordingly,” he added.

The Bureau of Immigration said Pemberton was successfully deported from the Philippines on Sunday morning.

Pemberton was released by virtue of an absolute pardon given to him by President Rodrigo Duterte just over five years into his service of a six-to-10-year prison sentence.

The absolute pardon extinguished Pemberton's criminal liability and rendered moot the emerging legal debate on whether he was entitled to early release for "good conduct."

Days before the pardon, a court in Olongapo ordered his release, saying he was considered to have served one month over his maximum penalty of 10 years because of good conduct time allowances (GCTA) on top of his actual time served.

Laude's family and public prosecutors were contesting the court order when Duterte granted the pardon.

Duterte said Pemberton was not duly monitored for GCTA, and that the American serviceman was not treated fairly. — DVM, GMA News