Departmemt of Justice (DOJ) Secretary Menardo Guevarra reaffirmed before congressmen Friday the legality of the absolute pardon given by President Duterte to convicted killer Joseph Scott Pemberton.
"Wala po akong nakikitang mali sa ginawa ng Presidente (I see no wrong in what the President did) because he was merely exercising the power granted to him by the Constitution," Guevarra said.
The DOJ chief was answering a direct question hurled by House Appropriations Committee Chairman and ACT-CIS Party-List Rep. Eric Go Yap during the briefing on the agency's proposed budget of P22.572 billion for 2021.
More importantly, Guevarra said this power of the Chief Executive is not based on the recommendation of the Bureau of Pardons and Parole (BPP), which is what administration critics have raised against the absolute pardon given to the former United States (US) marine.
"Kahit hindi na-process ng BPP (Even if it was not processed by the BPP), it is my opinion that the President may still, on its own, grant executive clemency."
This notwithstanding, Guevarra said Albay 1st district Rep. Edcel Lagman made a valid point earlier in the briefing when he said that the power to give executive clemency "should be free from arbitrariness and caprices."
"Tama naman din po ang punto ni Cong. Lagman, ang pagbibigay ng executive clemency ay hindi dapat whimsical or arbitrary (Cong. Lagman had a valid point, the granting of executive clemency shouldn't be whimsical or arbitrary).
"Pero dito po sa ginawa ng Presidente kay Pemberton…mayroon naman po siyang pinagbabasehan, at iyon naman po ay not plucked out of thin year so to speak (But regarding what the President did for Pemberton…he had a basis for it, it was not plucked out of thin air so to speak)," Guevarra said.
Asked by Yap if Pemberton was indeed qualified for good behavior credits under the Good Conduct Time Allowance (GCTA) rule, Guevarra said, "Definitely qualified."
"In the President's opinion, it was fair to grant him (Pemberton) GCTA," he added.
Pemberton brought Filipino Jennifer Laude to an Olongapo City motel on October 11, 2014, only to kill her shortly after finding out she was a transwoman. He was sentenced to 10 years in jail the following year.
On September 7, Malacañang announced that it was pardoning Pemberton after only serving six years in prison.