President Rodrigo Duterte on Monday said he granted “absolute pardon” to homicide convict US Marine Joseph Pemberton because he was treated unfairly while detained.

Pemberton was convicted in 2015 for killing Filipino transgender woman Jennifer Laude. He was sentenced up to 10 years in prison, but was ruled by the Olongapo City Regional Trial Court as eligible for early release last week.

“You have not treated Pemberton fairly, so i-release ko. Pardon. Ang pardon, walang mga question ‘yan,” Duterte said in a televised address.

The president claimed Pemberton behaved well behind bars and earned good conduct time allowance (GCTA). The GCTA, along with the five years Pemberton spent in prison, brought his total time served to 10 years, one month and 10 days. 

“‘Pag walang record, di mo malaman kung nabilang ba o hindi. ‘Pag ganon, hindi kasalanan ni Pemberton. He is not required to keep a record of his own and characterize his behavior while inside the prison,” Duterte said.

Duterte asserted he was impartial with his absolute pardon grant.

“I am not favoring anybody, neither Pemberton nor the [Laude] family,” he said.

Duterte spokesman and former Laude family lawyer Harry Roque explained that Duterte’s grant of absolute pardon “erased” the remainder of Pemberton’s sentence.

“What do you mean by ‘absolute pardon?’ Ibig sabihin, makalalaya na si Pemberton. Wala na pong issue kung siya ba ay entitled sa GCTA. Binura na po ng presidente ang kung ano pa ang parusa na dapat ipapataw kay Pemberton” he said.

Roque earlier said that Laude’s death signified the death of Philippine sovereignty.

“Hindi naman pupuwede na trinato na parang hayop iyong kababayan natin, tapik lang sa kamay ang parusa…. Iyong ginawa po ni judge na siya na ang nagdesisyon kung paano siya bibigyan ng credit for good conduct is an instance of judicial overreach,” Roque said on Sept. 4. John Ezekiel J. Hirro