BY REY PANALIGAN
Justice Secretary Menardo I. Guevarra is relieved over the deportation of United States Marine Lance Corporal Joseph Scott Pemberton.
“I am relieved to see the end of the Pemberton episode. Though attended with intense conflict, it has provided valuable insights and lessons to ponder on regarding the future of the VisitingForces Agreement (VFA), the administration of criminal justice, and the exercise of the President’s constitutional powers,” Guevarra said.
The President’s power to grant executive clemency, like parole or absolute pardon, is absolute and unconditional and is not open to judicial inquiry or review, a 1915 Supreme Court (SC) decision stated.
In 2015, the Olongapo City Regional Trial Court (RTC) convicted Pemberton of homicide for Laude’s death. He was ordered to pay P4.32 million for loss earning capacity; P155,250 for actual damages, P75,000 for civil indemnity; P75,000 for moral damages and P35,000 for exemplary damages.
The Court of Appeals (CA) affirmed the trial court’s conviction and ruled that Pemberton should serve a maximum of 10 years in jail. He elevated the issue before the SC.
But Pemberton withdrew his SC appeal and it was granted by the High Court. The withdrawal meant he accepted the verdict of the trial court as affirmed by the CA.
Then the Olongapo City RTC ordered Pemberton’s release from his detention cell at the Joint US Military Assistance Group (JUSMAG) facility in Camp Aguinaldo in Quezon City.
In ordering Pemberton’s release, the trial court ruled that he had served a total of 405 days during his preventive imprisonment and 1,737 days during service of his 10-year prison term.
It said Pemberton was entitled to a 260 days Good Conduct Time Allowance (GCTA) during preventive imprisonment and 1,288 GCTA during service of his sentence.
It also ruled that Pemberton’s actual time served in jail was 2,142 days with 1,548 days for GCTA, and thus, his accumulated time served in prison with entitlement of GCTA was 10 years, one month, and 10 days which is already beyond his 10-year maximum sentence.
Even before the trial court could hear the motion for reconsideration filed by the lawyers of the Laude family and that lodged by DoJ prosecutors, the President announced his grant of absolute pardon to Pemberton. (Rey Panaligan)
