DOJ to ask court to reconsider Pemberton release

The Department of Justice (DOJ) said Friday it will file its own motion asking an Olongapo court to reconsider its order for the release of convicted US Marine Joseph Scott Pemberton.

Justice Secretary Menardo Guevarra said they will file the motion for reconsideration next week.

"We hope that the OSG (Office of the Solicitor General) will join the DOJ in our motion," Guevarra said in a message to reporters.

The Olongapo Regional Trial Court Branch 74 ordered the release of Pemberton this week, just over five years into his service of a prison term of six to 10 years.

The court said Pemberton had accumulated good conduct time allowances (GCTA) on top of his actual time served.

The court said Pemberton had served a total of 2,142 days and earned 1,548 GCTAs. Taken together, this amounts to 3,690 days, or 10 years, one month, and 10 days -- more than the 10-year maximum penalty imposed on him, the court said.

Laude's family has filed a motion for reconsideration.

Philippine authorities have suspended Pemberton's release while the motion is pending.

Laude, a 26-year-old transgender woman, was found dead in the bathroom of a motel room in Olongapo City on October 11, 2014.

Pemberton was convicted in 2015 and it was affirmed by the Court of Appeals.—AOL, GMA News