President Rodrigo Duterte emphasized on Monday evening that his decision to grant Lance Cpl. Joseph Scott Pemberton an absolute pardon is fair and without prejudice towards anybody.
“Ito ang tingin ko sa kaso. You have not treated Pemberton fairly so i-release ko. Pardon. Ang pardon walang maka-question niyan. Wala talaga, it cannot be questioned anywhere. (This is how I view the case. You have not treated Pemberton fairly so I will release him. Nobody can question pardon, it cannot be questioned anywhere),” President Duterte said.
“And it’s not because of that that I pardoned Pemberton. Kaligaya ko na lang magpakulong ng mga buang, mga g*** (It’s my pleasure to put violators to jail). But you know if there is a time where you are called upon to be fair, be fair, be fair,” President Duterte continued.
According to President Duterte, one cannot truly prove an act if there is no evidence to support an alleged offense, with or without transgression.
“The Marines could have reported if it were otherwise to the Secretary of Justice or to the police, to the PNP… So ‘yung presumption kasi wala namang sumbong, ‘di walang ginawa ‘yung taong masama (The presumption is he has not done anything because there are no complaints),” he explained.
He added that “it is not the fault of Pemberton” that his GCTA was not computed because he should be allowed “the good character presumption” since no Marines reported unruly conduct of Pemberton.
The granting of pardon is among the absolute powers of the Chief Executive, aside from the power to pardon, commute, and reprieve.
Constitutionalist Fr. Ranhilio Aquino seconded that the granting of absolute pardon cannot be appealed anywhere because it is “an issue of the President’s power.”
“Lahat ng kondenado, lahat ng na-convict ay puwedeng humingi sa Presidente ng pagpapatawad, ng pardon. Pero kung kanino niya [ibibigay] (All convicts can request for pardon from the President), to whom he will give pardon, that is an absolute discretion of the President,” he added. – Report from Mela Lesmoras
