THE Olongapo City Regional Trial Court has ordered the release of US Marine Lance Corporal Joseph Scott Pemberton, who was convicted for the 2014 killing of transgender Jennifer Laude, although he has served just six of his 10-year maximum sentence.
In an order dated September 1, Olongapo City RTC Branch 74 Judge Roline Ginez-Jabalde said Pemberton has served more than “the 10 year maximum penalty imposed by this court and subsequently affirmed by the Court of Appeals,” noting that under the Good Conduct and Time Allowance law, he has served a total of 10 years, one month and 10 days.
The Laude family immediately challenged the decision, filing an urgent motion for reconsideration with the Olongapo City RTC.
Laude’s sister, Marilou, though their lawyer Virgie Suarez, said that Pemberton’s camp failed to show proof of his behavior, conduct or participation in any rehabilitation program supervised and certified by the Time Allowance Supervisor to warrant his release from detention.
Presidential spokesman Harry Roque, who served as private prosecutor for the Laude family during the trial, deplored “the short period of imprisonment meted on Pemberton who killed a Filipino under the most gruesome manner.
“Laude’s death personifies the death of Philippine sovereignty and the light penalty imposed on Pemberton proves that despite the President’s independent foreign policy, that Americans continue to have the status of conquering colonials in our country.”
Pemberton was originally sentenced to serve six to 12 years but this was reduced to six to 10 years when he appealed in 2016. He is detained at the JUSMAG Compound in Camp Aguinaldo.
The GCTA law passed under the previous administration provided new guidelines on how to compute good conduct time allowance of prisoners as basis for reducing their prison terms.
Last June 2, the third division of the Supreme Court granted Pemberton’s motion to withdraw his appeal, with the High Court saying the controversial case is now considered “closed and terminated.”
The Justice Department and the Bureau of Corrections have yet to issue a response to the Olongapo court order, with both agencies saying they are still confirming the resolution.
“We have yet to receive a copy of the court’s resolution, if any,” Justice Undersecretary Markk Perete said.
Last month, the DOJ said the Olongapo City RTC had asked the BuCor to submit a computation of the time that Pemberton had served on his sentence.
The Olongapo court also said that Pemberton had completed the payment of civil liabilities to the heirs of Laude.
“Though the payment of civil liability by the accused to the heirs of Jennifer Laude is separate from his criminal liability, it is worth to note that he had already made a full payment of the damages awarded by the Court in its decision dated November 18, 2015,” the court said.
The court said Marilou, accepted the amount of P4,650,250 as full payment for civil liabilities from Pemberton on behalf of the Laude family. The amount is divided into P4.320 million for loss of earning capacity, P155,250 in actual damages, P75,000 in civil indemnity, P75,000 in moral damages, and P30,000 in exemplary damages. — With Jocelyn Montemayor
