Prosecution not bothered by 60-day suspension of trial vs. Pemberton

Following the ruling by a Olongapo Regional Trial court suspending for 60 days the trial of the murder case against US Marine Lance Corporal Joseph Scott Pemberton, the prosecution panel remains confident the proceedings will be completed within a year.

 

“Okay lang sa a'min yung ruling of the Olongapo RTC (Regional Trial Court) dahil nasa batas naman yun. It is the right of the accused to seek for a review of the resolution of the prosecutor. Basta tayo, as part of the prosecution team, naniniwala that we are still on track,” Olongapo City Prosecutor Emilie de los Santos told GMA News Online in a phone interview.

 

De Los Santos explained that under Section 11 (c), Rule 116 of the Rules of Criminal Procedure, the trial of a criminal case may be suspended “if a petition for review of the resolution of the prosecutor is pending at either the Department of Justice, or the Office of the President.”

 

“Ito yung pinagbasehan ng korte. So, nasa batas naman, kaya wala tayong magagawa but to follow the court's order,” De Los Santos said.

 

On Monday, Pemberton filed with the DOJ a petition for review of the Olongapo City Prosecutor's Office ruling finding probable cause to charge the US Marine with murder for the killing of Filipino transgender woman Jeffrey “Jennifer” Laude on October 11.

 

On Tuesday afternoon, the Olongapo RTC Branch 74 issued a ruling suspending the trial of the murder case against Pemberton for 60 days to give time for the DOJ to rule on the US serviceman's petition.

De Los Santos, however, clarified that though the suspension originally set by the court was 60 days, the trial may automatically proceed once the court is furnished with a copy of the DOJ ruling.

 

“It (resumption of the trial) can be earlier than 60 days...The RTC said 'Suspension shall not exceed 60 days or until the time that this court is furnished with a copy of the DOJ resolution',” De los Santos said, reading a copy of the court's ruling.

 

De Los Santos said she personally believes that the DOJ will act swiftly on Pemberton's motion.

 

“Why would the DOJ sit on this motion when this is a special case? Our Justice Secretary (Leila De Lima) knows the importance and the immediacy of this case,” De los Santos said.

 

Under the Visiting Forces Agreement between the Philippines and the United States, crimes such as the one involving Pemberton, a participant in a recent joint military exercises between Filipino and US forces in the country, have a prescriptive period of only a year.

 

“In the event Philippine judicial proceedings are not completed within one year, the United States shall be relieved of any obligations,” Section 6, Article V of the VFA states.

 

However, in the same section of the VFA, it was also stated that “the one year period will not include the time necessary to appeal” and “when the scheduled trial procedures are delayed because United States authorities, after timely notification by Philippine authorities to arrange for the presence of the accused, fail to do so."

 

“Merong mga exception diyan sa one-year prescriptive period. Itong suspension of the trial, we will study if this maybe considered an exception,” De los Santos said.

 

At the same time, De los Santos reiterated that the prosecution's case against Pemberton is strong.

 

“Let's just wait for the DOJ ruling. But as a prosecutor, I am confident na napakalakas ng kaso namin. May mga testigo tayo na nakakita na si Pemberton ang huli niyang nakasaman sa inn na yun, may nakita na rin na DNA niya. But let's just talk about that when the trial proceeds,” De los Santos said. — RSJ, GMA News