By Fernan Angeles
CONVICTED killer Lance Corporal Joseph Scott Pemberton, did not even apply for a presidential pardon, says Justice Undersecretary Markk Perete.
“‘Yung normal process, meron application na dumadaan sa ating Board of Pardons and Paroles. Yan ay ini-evaluate ng board at inaakyat sa DOJ for endorsement with the Office of the President,” Perete said.
President Rodrigo Duterte, who earlier granted absolute pardon to Pemberton, said the latter 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.
Duterte granted the pardon “based on his appreciation of the facts on the ground.”
However, Perete said: “Hindi [nag-apply si Pemberton]. Walang application ‘yan. In this case, I think it was the President himself who decided to grant pardon based on his appreciation of the facts on the ground.”
He added that “[t]here is also nothing that prevents the Office of the President from exercising that power even without going through that normal process.”
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.
To release Pemberton, Perete said the Office of the President will have to issue a written pardon, which will then be forwarded to the Bureau of Corrections.
“Yung Bureau of Corrections, siya na ngayon ‘yung magi-implement ng pardon granted by the President,” he added.
With complete documentation, Perete said Pemberton can be released in one to two days.