(Eagle News) — Presidential Spokesperson Harry Roque decried an Olongapo court’s ruling for the early release US Marine Joseph Scott Pemberton due to alleged Good Conduct Time Allowance, saying that this was contrary to the recommendation of the Bureau of Corrections, and was an “instance of judicial overreach.”
Roque, in a press briefing, said that he had already talked with Justice Secretary Menardo Guevarra about the issue, and said that the DOJ will also act on the matter.
“Sang-ayon po kasi sa batas na nagbibigay nitong allowance of a good conduct, kinakailangan may rekomendasyon po ang Bureau of Corrections. 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 iyong punto na hindi dapat binigyan ng allowance for good credit iyong educational, diumano, educational activity ni Pemberton habang siya po ay nakakulong,” Roque said.
“So I’m speaking as Spokesperson, mukha pong taliwas sa rekomendasyon ang ginawa ng Bureau of Corrections ang naging desisyon ng korte,” he said.
-Executive branch to file motion for reconsideration –
Roque said that the Executive branch will move for a motion for reconsideration (MR) on the matter, so Pemberton still should not be released just because the Olongapo Regional Trial Court (RTC) has issued its decision.
“Sa mga naghahawak po sa pagkatao ni Pemberton, hayaan ninyo naman, bigyan ninyo ng pagkakataon na mag-move for reconsideration ang Executive Branch dahil ang desisyon naman po on allowance for good conduct is an executive function. So iyong ginawa po ni Judge na siya na ang nagdesisyon kung paano siya bibigyan ng credit for good conduct is an instance of judicial overreach,” the Palace spokesperson said.
Roque had earlier served as the private prosecutor of the Laude family.
The killing of Filipino transgender Jennifer Laude, 26, in 2014 by Pemberton, then only 19, is the second reported criminal case involving a United States Marine in the Philippines under the existing Philippines–United States Visiting Forces Agreement.
The killing has triggered various protests by human rights activists in the Philippines, especially those opposing the continued US military visits in the country.
Roque, in a tweet after the Olongapo RTC’s decision on the early release of Pemberton, said “Laude’s death personifies the death of Philippine sovereignty.”
Olongapo RTC branch 74 Judge Roline Ginez-Jabalde has approved the partial motion for reconsideration submiited by Pemberton, and considered that the US soldier had already served his sentence of more than 10 years imprisonment after computing the period of his preventive suspension, actual service of sentence and good conduct time allowance.
The court said that Pemberton had already served 10 years, one month and 10 days of imprisonment, which is more than the 10 years maximum penalty imposed by the court.
However, the actual days he had served in prison were only 2,142 days or roughly equivalent to five years and 10 months of imprisonment. The rest were due to GCTA during preventive imprisonment (260 days) and GCTA during service of sentence (1,288 days) of 1548 days or four years and almost three months period.
(Eagle News Service)