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BuCor suspends Pemberton release

The Bureau of Corrections (BuCor) said Thursday it has put on hold the release of convicted killer US Marine Joseph Scott Pemberton while the family of Jennifer Laude asks a court to direct the serviceman to complete his service of sentence.

"BuCor respects the court processes and will wait for the resolution of the filed MR (motion for reconsideration). Meanwhile, the normal release process is on hold," BuCor spokesperson Gabriel Chaclag said.

He said Pemberton is still detained at the BuCor's extension facility in Camp Aguinaldo.

The Department of Justice also said the motion for reconsideration has to be resolved first.

"The BuCor cannot preempt court action on the MR by prematurely releasing Pemberton," Justice Undersecretary Markk Perete told reporters.

Pemberton was convicted of homicide over the 2014 death of Laude, a 26-year-old transgender woman. The serviceman was sentenced to six to 10 years in prison in 2015.

However, an Olongapo court ordered his release on September 1, saying he earned 1,548 good conduct time allowances (GCTA) during the 2,142 days he had actually been in detention.

The court said that this amounts to a total of 3,690 days, or 10 years, one month, and 10 days -- more than the 10-year maximum penalty imposed on the American.

Laude's family immediately filed a motion for reconsideration, arguing that there is no proof of Pemberton's supposed good behavior.

"His conduct was never put to test as he never joined other convicts. Had he served his sentence in National Bilibid, maybe his application for good conduct would have some basis," the Laude family said. —AOL, GMA News