Pemberton conviction: Admirable professionalism by the press

THE KILLING of Jennifer Laude, a Filipino transgender, by Private First Class Joseph Scott Pemberton of the US Marines on October 11, 2014, is one of those cases that, because of its controversial nature and context, could have been  mishandled by the press.  But while the coverage of the killing has been marred by a few shortcomings, the reporting  of the verdict by  Branch 74 of the Olongapo Regional Trial Court (RTC) on December 1 went admirably well.

The media had been following the case since it started in December 2014, reporting only what happened during the hearings, with quotes from the parties involved. But the reports on Pemberton’s conviction provided background and explored different angles such as the context of the Visiting Forces Agreement (VFA), the reason for downgrading the murder case to homicide, and the possible measures that the defense might take after the conviction.  They also published timelines and reviewed the case which were helpful.

Olongapo City RTC Judge Roline Ginez-Jabalde sentenced Pemberton to reclusion temporal (six to 12 years in prison) at the New Bilibid Prison in Muntinlupa. The judge, however, amended the order to incarcerate Pemberton in a city jail and ordered him to be temporarily detained at the custodial center of the Armed Forces of the Philippines (AFP) in Camp Aguinaldo.

Judge Ginez-Jabalde also ordered Pemberton to pay PHP 50,000 as civil indemnity and PHP 4.32 million in damages for loss of earning capacity. She also ordered the convict to  reimburse the family of the victim the amount of PHP 155,255 for Luade’s wake and burial expenses; PHP 50,000 for moral damages;  and PHP 30,000 for exemplary damages.The promulgation of the verdict lasted for about three hours and was covered live by  CNN Philippines, ABS-CBN News Channel, andGMA News TV.

Following Pemberton’s conviction, CMFR monitored three newspapers (the Philippine Daily Inquirer, The Philippine Star, theManila Bulletin), four television programs (ABS-CBN 2’s TV Patrol, GMA 7’s 24 Oras, TV5’s Aksyon, CNN Philippines’ Network News) and their online counterparts from December 1 to 7.

Pemberton’s conviction landed on the front pages of the three newspapers. The four networks made it one of their top stories.

From Murder to Homicide

While the prosecutors had charged Pemberton with murder, the judge ruled that he is guilty of homicide, hence the lower sentence.  The press provided an adequate explanation of the circumstances justifying the downgrade and the difference between murder and homicide.

The VFA signed by the the Philippines and the United States in February 1998 played a key role in the Pemberton case, particularly on where the Marine should be detained.The media, for its part, pointed out the existing provisions in the VFA about the confinement of US military personnel who commit a crime in the Philippines.

The reports cited Article V, Paragraph 10 of the VFA: “The confinement or detention by Philippine authorities of United States personnel shall be carried out in facilities agreed on by appropriate Philippine and United States authorities.”

For a better interpretation of the law, journalists also invited and interviewed several lawyers and international law experts. These included former Justice Undersecretary Jose Justiniano, criminal law professor Enrique dela Cruz, and international studies professor Renato De Castro.

The media also used as referencethe 2005 Subic rape case involving  US MarineLance Corporal Daniel Smith, who was accused of raping a Filipino woman, “Nicole,” when he was in the Philippines as part of the US-Philippine military exercises under the VFA. Smith was convicted and detained at the Makati city jail.

The US government was not happy about the facility where Smith was being held, which led to his transfer to the US Embassy compound in Manila. Both the Philippines and the US agreed then that the convict should remain in the custody of the US until the completion of  judicial proceedings. The Supreme Court later declared that the agreement did not conform with the VFA and ordered the Philippine government to renegotiate with the USgovernment so both could find a detention facility under Philippine authorities.

In the Pemberton case the court ruled that he would stay at Camp Aguinaldo under the custody of the Bureau of Corrections. The AFP is also constructing a new facility for Pemberton inside Camp Aguinaldo.

Some reports also talked about the impact of Pemberton’s conviction on the Enhanced Defense Cooperation Agreement (EDCA), another agreement between the Philippines and the United States to advance the implementation of the Philippine-US Mutual Defense Treaty.  The Supreme Court is yet to decide on the constitutionality of the agreement.

In covering this controversial decision, the Philippine press showed a  level of professionalism not often found in much of its coverage of pressing national issues.