Laude kin’s plea to transfer Pemberton to regular local jail junked with finality

MANILA, Philippines – The Supreme Court (SC) on Tuesday said it is dismissing with finality the request of the Laude family to transfer the detention of US Marine Lance Corporal Joseph Scott Pemberton to a regular local jail for lack of merit.

SC Public Information Office Chief and Spokesperson Theodore Te said that the “court denied with finality the motion for reconsideration filed by petitioners from the court's decision dated Nov. 24, 2015 dismissing their petition."

"Wherefore, premises considered, the petition for certiorari is dismissed for lack of grave abuse of discretion resulting to lack or excess of jurisdiction. The prayer for the issuance of a writ of mandatory injunction is likewise denied for lack of merit," the SC’s ruling read.

The petition was filed by Jeffrey “Jennifer” Laude’s mother Marilou Laude and sister Mesehild Laude.

On Dec. 1, 2015, Pemberton was sentenced to imprisonment of six to 12 years by the Olongapo Regional Trial Court Branch 74 for homicide over Jennifer’s death. He may be transferred to another facility as provided under the Visiting Forces Agreement (VFA), according to the Department of Justice.

The SC said the petitioners failed to comply within the three-day notice rule, noting that they failed to show any reason for exceptional treatment.

It added that the separate filing of the urgent motion to compel the Armed Forces of the Philippines to surrender custody of Pemberton to the Olongapo City Jail without the conformity of the public prosecutor is unjustified since every criminal case is filed in the name of the people of the Philippines, represented by the public prosecutors.

The high tribunal said challenging the VFA is a “collateral challenge” which is not the “lis mota” or the cause of action in the case.