AFP mum on Pemberton's release after Duterte pardon


The Armed Forces of the Philippines (AFP) went eerily quiet on the issue of the early release of United States Marine Lance Corporal Joseph Scott Pemberton after President Duterte granted him an absolute pardon.

US Marine Lance Corporal Joseph Scott Pemberton is escorted by police at Camp Aguinaldo in Quezon City in December 2015 (TED ALJIBE / AFP / MANILA BULLETIN)

Captain Jonathan Zata, AFP public affairs office chief, refused to give direct answers when asked by the media about the matters pertaining to the impending release of the American soldier in his detention cell in Camp Aguinaldo, Quezon City.

"As in our earlier provision regarding queries for Mr. Pemberton, CGEA (Camp General Emilio Aguinaldo) is just a holding facility. This specific facility is being manned and managed by the BuCor (Bureau of Corrections)," Zata said Monday, moments after news of Duterte's pardon broke out.

"And again, as what was (stated in) our earlier announcement, any queries regarding Mr. Pemberton may be coursed through the BuCor. Maraming salamat po! (Thank you!)," he added.

Pemberton, who was convicted of homicide in 2015 for the killing of transgender Filipino woman Jennifer Laude in 2014, has been detained at the custodial facility of Camp Aguinaldo.

Although detained in a military camp, Pemberton's custody is still being managed by the BuCor, according to Major General Edgard Arevalo, AFP spokesperson.

According to lawyer Virginia Suarez, who represents the family of Laude, Pemberton is incarcerated in a "privileged and air-conditioned facility" while US soldiers are guarding him since his conviction five years ago.

As of press time, the AFP has not issued an official statement on the allegations of Suarez.

Duterte, in justifying the absolute pardon given to Pemberton, said that the US soldier has been "unfairly" treated by the authorities.

Absolute pardon refers to the "total extinction of the criminal liability of the individual to whom it is granted without any condition," according to the Board of Pardons and Parole, an office under the Office of the Secretary of Justice.

It restores an individual's civil and political rights, and remits the penalty imposed for the offense of which he was convicted, it added.

Absolute pardon is one of the powers of the President of the Republic of the Philippines.

Duterte's absolute pardon on Pemberton was given days after the Olongapo City Regional Trial Court (RTC) ordered the US soldier's early release last week through the Good Conduct and Time Allowance (GCTA) law, which allows convicts a reduced prison term based on good behavior.

Pemberton, who killed Laude upon learning that she was a transgender woman, has served more than five years out of his six to 10-year prison term. 

Arevalo had said that the AFP was willing to cooperate with BuCor for the release of Pemberton if ordered by the Olongapo City RTC.