MANILA – The Bureau of Corrections (BuCor), upon the order of the Department of Justice (DOJ), is not yet processing the early release of American Marine Joseph Scott Pemberton from detention.
BuCor spokesperson Gabriel Chaclag said they are abiding DOJ’s orders to wait for the decision on the motion for reconsideration before processing Pemberton’s release.
“BuCor respects the court processes and will wait for the resolution of the filed motion for reconsideration. The normal release process is on hold,” Chaclag said in a press statement.
DOJ spokesperson Markk Perete explained the BuCor cannot yet process the release of Pemberton, who was detained for the murder of Filipino transgender Jennifer Laude. This will preempt the motion filed by victim’s family.
“The BuCor cannot preempt court action on the MR by prematurely releasing Pemberton,” Perete said in a message to the media.
The Laude family’s counsel Virgie Suarez filed a motion for reconsideration on Wednesday, arguing that Pemberton should not enjoy early release without proof of his behavior or participation in rehabilitation activities while in jail.
The motion added the American soldier never even joined fellow convicts at the New Bilibid Prison since he has been serving sentence “solo and comfortably” in Camp Aguinaldo.
The Olongapo City Regional Trial Court’s Branch 74 on September 1 said Pemberton should be released for his good behavior. He has served over five years and eight months of his 10-year maximum jail sentence.
“The court credited to him a good conduct time allowance of 1,548 days or more than four years. This yields an accumulated jail time of 10 years, one month, and 10 days,” the court order said.
Meanwhile, Presidential spokesperson Harry Roque, who previously served as legal counsel for the Laudes, said the Olongapo City court’s decision to release Pemberton was a “judicial overreach.
“‘Yung ginawa po ni judge na siya na ang nagdesisyon kung paano siya bibigyan ng good conduct is an instance of judicial overreach,” Roque said in a virtual press conference on Thursday.
“Sa mga nakahawak po sa pagkatao ni Pemberton, hayaan niyo naman, bigyan niyo ng pagkakataon na magmove for reconsideration ang Executive branch. Dahil ang desisyon po on good allowance conduct is an Executive function,” he added./PN
