CA on Pemberton conviction: It’s final

MANILA, Philippines - The Court of Appeals (CA) has upheld with finality the conviction of US Marine Lance Corporal Joseph Scott Pemberton for the killing of transgender Jennifer Laude in October 2014.

In a 12-page resolution released recently, the former special 16th division of the appellate court affirmed its decision last April upholding the verdict of the Olongapo City Regional Trial Court (RTC) in March last year finding the American serviceman guilty of homicide.

The CA denied the appeal filed by Pemberton seeking a reversal of its acquittal ruling in the criminal case, dismissing his arguments as “rehash of the issues” already resolved by the court.

It again rejected Pemberton’s claim that he only killed Laude out of self-defense after the latter slapped him upon realizing the transgender woman’s real gender.

“Pemberton’s contention that he was only raising complete and incomplete self-defense in the physical injuries he inflicted upon Jeffrey Serdoncillo y Laude alias ‘Jennifer’ (Laude) is bereft of rhyme or reason as the former was not charged for any physical injuries but of homicide,” the ruling penned by Associate Justice Marlene Gonzales-Sison read.

The CA held Pemberton’s claim of self-defense was an obvious move to exonerate himself or reduce his penalty from the charge of homicide.

“Consequently, we reiterate that self-defense when invoked as a justifying circumstance implied the admission by the accused that he committed the criminal act,” the court stressed.

In the same ruling, the CA also denied the Office of the Solicitor General’s partial motion for reconsideration insisting that Pemberton is not entitled to be given full credit of the time he spent under preventive imprisonment as he did not voluntarily agree in writing to abide by the same rules imposed upon convicted prisoners.

Associate Justices Ramon Cruz and Henri Jean Paul Inting concurred with this ruling.

The CA has stood firm in its ruling affirming the RTC’s sentence of imprisonment for a maximum period of 10 years against the accused.

It likewise affirmed the order of the trial court for Pemberton to indemnify the heirs of Laude with P4.32 million for losses of earning capacity and P30,000 for exemplary damages.

The appellate court, however, revised the civil indemnity and moral damages both set by the RTC at P50,000 to P75,000 each.

As to the actual damages, the CA said the heirs of Laude were able to prove through actual receipts the P155,250 worth of damages representing autopsy, wake and burial expenses.

Pemberton is currently serving his sentence at a facility in the Armed Forces of the Philippines headquarters at Camp Aguinaldo in Quezon City. Prosecutors filed murder charges against him, but the RTC downgraded the offense to homicide due to mitigating circumstances and lack of intent to kill.