Side Project: Cutting Sentences

Gabriel Biler

September 13, 2020

The Luzonian joins the voices condemning President Duterte’s decision to grant ‘absolute pardon’ to Pemberton! We demand ‘absolute justice’ for Jennifer Laude!

The State is ought to protect the welfare of its people and to uphold sovereignty by all means. This is even embedded in our Bill of Rights. But during these past few days, reality revealed otherwise. It presents how the Filipino people are tyrannized. 

Even the pandemic was used as a tool to redefine mterrorism.’ Instances of pick-pocketing billions from the public funds are very rampant. Untimely enhancements are here and there. Along with these, is the uncalled for ‘presidential pardon’ for Lance Corporal Joseph Scott Pemberton.

Dating back to 2014, he murdered the Filipino transwoman Jennifer Laude by strangling her and submerging her head in the toilet. Only for the reason that Pemberton found Laude to be a transwoman. The hate crime clamored for justice. A year later, he was found guilty of murder and was sentenced to imprisonment for six to 12 years.

During his sentence, Pemberton was not jailed in the regular prison cell just as how the usual prisoners had it. He’s housed at Camp Aguinaldo claiming that it’s part of the Visiting Forces Agreement that was in place that time. Laude’s family is even asking the Olongapo RTC to present proof that he is still in the country and serving his time. His prison sentence was even lowered to a maximum of 10 years instead of the prior term due to his appeal for reconsideration. 

Civil damages of 4.6 million pesos were tendered to the family of Laude. Then recently, Olongapo RTC gives Pemberton full GCTA credits and approves his early release which is four years ahead. This was questioned by the family of Laude, but all of this judicial hullabaloo was changed by this plot twist no one has ever imagined — a presidential pardon.

This is not just a case of how a person is pardoned and released because he had been reformed during his sentence. This is a story of how justice had been twisted for the benefit of some. This sends a clear message that transgender lives mean nothing to the State, that should be protecting them. 

To note, Good Conduct Time Allowance (GCTA) can be granted by the Bureau of Corrections. But last year, this had been used to release notorious suspects such as Antonio Sanchez. 

People’s clamor to respect the families of their victims halted this atrocious act. Some are even ordered to surrender themselves back to prison. Now, is Pemberton allowed to claim GCTA? Technically speaking, if they employ the VFA principles, GCTA cannot be part of a 1999 ruling. In the very notion of “good,” just because no one reported that he’s bad does not mean he became good. He wasn’t even serving the sentence in a regular jail scenario that Filipino prisoners experience.

This pardon revealed the impartiality among the persons deprived of liberty. Also, it goes to show how the executive can transgress other branches of the government just to make things happen. Is this pardon of necessity? What good can this do to the Filipino people? Will this send many students to their online classes? Will this eradicate our booming COVID-19 predicaments? Definitely not, it’s just a news strategy to shroud the real problems that the government should be working out as priorities. This pardon lessens the screen and airtime to outshout the ills of the government and in the long run, make the people forget what the real problems are.

Equal protection is tainted with this plot twist. In these times where the LGBT and their allies are fighting for their rights and liberties, it sends a clear picture that the people who should be protecting them through legislations and implementations have no regard for them. 

Jennifer has been murdered twice, for the justice served had been recalled with this presidential pardon. The civil damages paid are even used by some to validate that everything is well and paid enough. But is this how we value life? Is this how we value our sovereignty as Filipino people?

This is a clear picture of how unsuccessful the government is in terms of a solid and stringent foreign policy. And sadly, this has shown how we can overthrow the welfare of our countrymen over pride and despotism.

In these times where we are downtrodden in almost all aspects of life, may we not be blind in these injustices. May we never forget how justice can be played. May we never forget how they twisted history. May we always remember that we are the ones who put them in power and may the Filipino people not be lured into false promises and identities.

We do not need this kind of ‘absolute pardon.’ What we need are absolute solutions, absolute punishment for lawbreakers, and absolute justice. We will not stop shouting for justice. Gag and silence us but we will continue to struggle.

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