Battle over Pemberton release rages

MANILA, Philippines — It’s a tug-of-war over the convicted killer of transgender Jennifer Laude, ordered released recently by an Olongapo City court.

The camp of homicide convict US Marine Lance Corporal Joseph Scott Pemberton is pushing for the immediate processing of his release papers by the Bureau of Corrections.

BuCor on Thursday said it was holding off processing of the release papers, citing a pending motion for reconsideration filed by the family of Pemberton’s victim.

In an interview yesterday over dzBB, Pemberton’s lawyer Rowena Garcia-Flores said keeping her client in detention despite a court release order is a violation of his right to due process.

Department of Justice Secretary Menardo Guevarra said the DOJ is preparing its own MR, possibly with help from the Office of the Solicitor General.

“The DOJ intends to file its own motion for reconsideration early next week,” Guevarra said.

Olongapo City Regional Trial Court (RTC) Branch 74 Judge Roline Ginez Jabalde issued the order, dated Sept. 1, acting on a motion filed by the camp of Pemberton.

Flores said her client should have been released 40 days ago as he had already served his 10-year sentence based on good conduct time allowance (GCTA) under Republic Act 10592.

“The order should be immediately executory because he’s overstaying in prison, and every day that he’s overstaying, there is a violation of his right to due process and there is no reason why he should serve more than what was given to him by the court that was more than 10 years,” Flores said.

“Every day he’s being kept in detention has no basis,” she said in mixed English and Filipino.

Critics of the court decision ordering Pemberton’s release said he should serve his sentence in full instead of just six years, adding he is not qualified under the GCTA because of his very comfortable situation even while in detention.

Pemberton is detained in a facility owned by the Armed Forces of the Philippines (AFP) at Camp Aguinaldo in Quezon City.

However, Flores said Pemberton has been in solitary confinement for years.

“What’s important, she said, “is he’s a good prisoner, hasn’t gotten into fight.”

Flores said Pemberton is willing to personally apologize to Laude’s family if given the chance.

“He’s in detention. He didn’t have the chance to communicate,” she said.

Flores emphasized that Pemberton is qualified under GCTA. “Yes, he is. Why? GCTA is just an amendment of the revised penal code. The revised penal code itself was applied in the case of Pemberton, and the crime of homicide is under the revised penal code,” she said.

She stressed that the GCTA law does not distinguish the nationality of a person wishing to avail of it.

“The only ones excluded are the recidivists,  those who committed heinous crimes and those who escaped from imprisonment. So there is no exclusion, when that person says it is not applicable to Pemberton, (this) has no legal basis,” she said.

Guevarra, meanwhile, declined to comment on the court’s invoking GCTA in deciding on Pemberton’s case. “These issues are sub judice,” he said.

“The plaintiff people of the Philippines is also entitled to due process, as much as accused Pemberton,” Guevarra said when asked if BuCor might be violating Pemberton’s right to due process over his supposed overstaying in prison.

Flores said the Olongapo City court should junk the MR filed by Laude’s camp, saying the latter failed to identify flaws in the court ruling favoring Pemberton.

“Instead, the private complainant speculates that Pemberton may have not shown good conduct. Private complainant further describes how good conduct should be manifested,” she said.

“Clearly, [the] private complainant failed to substantiate her claim that Pemberton is not entitled to good conduct time allowance,” she added.

It was Laude’s sister Marilou who filed the MR, assisted by lawyers. – Emmanuel Tupas, Bebot Sison Jr.