The lawyer of Jennifer Laude’s family said “there’s no good conduct that can ever be attributed” to United States Marine Joseph Scott Pemberton, who was ordered released by the Olongapo City Regional Trial Court Branch 74 on Wednesday).

In an interview with DZMM on Wednesday, Atty. Virginia Lacsa Suarez said Pemberton is a “privileged” prisoner whose good conduct was “never put to a test.” Pemberton was released through the Good Conduct and Time Allowance (GCTA).

“Remember kahit ikulong mo si Pemberton di mamapektuhan yung ating mga prison cells dahil nakahiwalay siya. The very purpose of GCTA is to declog the prisons, di 'yun mangyayari dito kay Pemberton because he is imprisoned sa very special and privileged facility (Remember even if Pemberton remains in prison, our prison cells won't be affected because he is in a different facility. The very purpose of GCTA is to declog the prisons, that won't happen in the case of Pemberton because he is imprisoned in a very special and privileged facility),” she added.

The Olangpo RTC in its Sept. 1 order said Pemberton has a “total accumulated time served with entitled of GCTA of 10 years, one month and 10 days which is more than the 10-year maximum penalty imposed by this court and affirmed by the Court of Appeals (CA).”

Suarez however said that in the computation of the Bureau of Corrections (BuCor), Pemberton still has to serve for “another 10 months.”

Suarez also said Pemberton had no recommendation from the management, screening, and evaluation committee which is a requirement under the GCTA law.

“Walang recommendation, wala ding naipakitang records ng mga activities ni Pemberton na dapat ay recorded ng time allowance supervisor (There's no recommendation, no records of Pemberton's activities which should've been recorded by the time allowance supervisor),” she said.

The lawyer explained that good conduct, as defined by the law, is measured by a prisoner's participation in rehabilitation programs, authorized work activities, and exemplary deeds.

“Kahit minsan…he never apologized to the family, napaka simpleng good conduct di niya nagawa….(He never apologized to Jennifer's family…not once, which is a very simple act of good conduct that he never did),” she said.

Suarez said while the Laude family is “devastated” with the court’s decision, she doesn't seem them “giving up” on the case.

Jennifer’s sister, Marilou Laude-Mahait, through Suarez, has already filed a motion for reconsideration to “set aside” the Olongapo court’s order to release Pemberton on Wednesday.