Laude family seeks DOJ, BuCor help to see Pemberton

The family of Jennifer Laude will request Philippine authorities to help them see convicted US Marine Joseph Scott Pemberton in his detention facility, their lawyer said Monday.

"Because we all do not know whether or not Pemberton is there," family lawyer Virginia Suarez said. "We haven't seen him."

The US serviceman is detained in Camp Aguinaldo to serve his six-to-10 year sentence for killing Laude in 2014.

An Olongapo court ordered his early release last week, ruling that he has earned enough time allowances for "good conduct" on top of actual time served to be considered to have completed the maximum penalty of 10 years.

The Laude family has asked the court to reconsider the release order. The court heard the motion for reconsideration on Monday.

The Department of Justice (DOJ) is also expected to file its own motion for reconsideration.

Asked about the Laude family's request to see Pemberton, Justice Secretary Menardo Guevarra said they may inquire directly with the Bureau of Corrections (BuCor).

"The BuCor has general rules on visitation. But it may have special rules for US military personnel detained under the VFA (Visiting Forces Agreement), more so during this pandemic," Guevarra said in a message to reporters.

The US-Philippines VFA has a provision on jurisdiction over members of the  US Armed Forces who are accused of committing crimes in the Philippines.

The BuCor, for its part, said it has not yet received a request to visit Pemberton but made an assurance that one "will be attended to accordingly."

However, the BuCor said it has suspended visiting privileges during the pandemic.

"There are rules and protocols set by our Health Services and this applies to the Pemberton case," the bureau said in a statement.

The BuCor said its legal department is consulting with the DOJ and the Department of Foreign Affairs because Pemberton is covered by the VFA.— RSJ/AOL, GMA News