Palace tells AFP: Don't release Pemberton yet as court ruling not yet final

Malacañang on Thursday told the military not to release US Marine Joseph Scott Pemberton from detention since the decision of an Olongapo City court is not yet final.

At a televised briefing, presidential spokesperson Harry Roque Jr. said the Bureau of Corrections (BuCor) informed him that they were advised by the Department of Justice (DOJ) not to process the release of Pemberton pending resolution of the appeal to overturn the decision.

Pemberton, who was convicted for the killing of transgender Jennifer Laude in 2014, is currently detained at a restricted facility at Camp Aguinaldo. Laude’s family had already asked the court to recall its ruling.

“General Arevalo, please await resolution of the MR [motion for reconsideration] before releasing Pemberton,” Roque said, referring to Armed Forces spokesman Major General Edgard Arevalo.

Arevalo said on Wednesday that the BuCor retains the management and administration of the convicted detainees even as he assured that the military will assist the agency in facilitating the release of Pemberton in light of the court order.

According to Olongapo Judge Roline Ginez-Jabalde, Pemberton is "entitled to be released for he had already served the 10-year maximum of his penalty” for the homicide conviction.

Despite only being five years into his prison term of six to 10 years, Pemberton was ordered released because the judge took into account the good conduct time allowances (GCTA) he had accumulated while detained.

The court also said that Pemberton has already made a "full payment" of millions of pesos in damages to Laude's heirs.

But Roque said the decision was contrary to BuCor’s appreciation of Pemberton’s conduct while in detention.

“It turns out na itong desisyon po ng hukuman ay labag po o contrary to the recommendation made by the Bureau of Corrections kasama na po diyan ‘yung punto na hindi dapat binigyan ng allowance for good credit ‘yung educational activity diumano ni Pemberton habang siya po ay nakakulong,” the Palace official said.

“I’m speaking as spokesperson, mukha pong taliwas sa rekomendasyon na ginawa ng Bureau of Corrections ang naging desisyon ng korte.”

He said the grant of GCTA law’s benefits is an Executive action.

“‘Yung ginawa ni judge na siya na ang nag-desisyon kung papaano siya bibigyan ng credit for good conduct is an instance of judicial overreach,” Roque said.

Roque once served as the legal counsel for the Laude family in the criminal case against Pemberton. -MDM, GMA News