The Department of Justice (DOJ) will file a motion for reconsideration to oppose the early release from prison of United States Marine Joseph Scott Pemberton.
Justice Secretary Menardo Guevarra gave this assurance on Friday, Sept. 4, after the family of slain transgender Jennifer Laude had earlier filed a motion for reconsideration which sought to stop the release of the US serviceman.
“The DOJ will file its own motion for reconsideration next week,” said Guevarra.
The secretary added: “DOJ prosecutors in Olongapo City will file it themselves.”
“We hope that the OSG (Office of the Solicitor General) will join the DOJ in our motion,” Guevarra said.
He said the OSG previously entered its appearance before the trial court when Pemberton appealed his conviction before the Supreme Court (SC). But Pemberton had already withdrawn his petition for review before the high tribunal.
“Be that as it may, the DOJ prosecutors will now assert their authority to represent the people in the trial court proceedings,” Guevarra assured.
The Bureau of Corrections (BuCor) has already put on hold the processing of the release of Pemberton.
Pemberton was convicted for homicide in December, 2015, for the 2014 killing of Laude and was sentenced to imprisonment, ranging from six to 10 years.
However, the Olongapo City Regional Trial Court (RTC) Branch 74 recently issued a release order after granting the motion of Pemberton who sought his early release by crediting his good conduct time allowance (GCTA).
Justice Undersecretary Markk Perete said prosecutors are now studying the BuCor’s computation of the GCTA that was used in reducing the prison term of Pemberton.
The early release was immediately opposed by the Laude family who, through their legal counsel lawyer Virginia Lacsa Suarez, filed a motion for reconsideration seeking to stop the release of Pemberton.
“Good conduct allowance is not a matter of right. It is a privilege subject to the presentation of proof and recommendation of actual ‘good conduct’. Otherwise, this is subject to abuse and can be circumvented easily. If this is so, this is clearly an injustice!” explained Suarez in the motion for reconsideration.
“It is a privilege granted to a PDL (person deprived of liberty), entitling him/her to a reduction of prison term for every month of actual detention or service of sentence as a reward for good conduct and exemplary behaviour,” the lawyer added.
Suarez also said that under the 2017 Uniform Manual on Time Allowances and Service of Sentence, good conduct refers to “the non-violation of prison rules and active involvement in rehabilitation programs, productive participation unauthorized work activities or accomplishment of exemplary deeds coupled with faithful obedience to all prison rules and regulations.”
“Significantly, in the case of Pemberton, there is no showing that he has any active involvement in rehabilitation programs or has participated in any authorized work activities or has accomplished any exemplary deed. No good conduct can be attributed to him. Hence, no good conduct time allowance should be granted to him,” the lawyer stressed.
If he did so, Suarez said, “The Time Allowance Supervisor would have recorded the same.”
“But there is none,” she emphasized.
Also absent is “a recommendation made by the Management, Screening and Evaluation Committee,” she added.
“All that Pemberton submitted is his self-serving computation. Even the Bureau of Correction’s submission was just a mere computation without any material basis. Hence, should not be given credence by the Honorable Court,” Suarez argued.
The lawyer reminded that Pemberton is a national prisoner and should have served his sentence at the New Bilibid Prison (NBP) in Muntinlupa City.
But Suarez lamented that Pemberton invoked the Visiting Forces Agreement (VFA) and has since been given “privilege” by “serving his sentence solo and comfortably in a specially made facility in Camp Aguinaldo, with US soldiers surrounding and protecting the aforesaid facility.”
“His conduct was never put to test as he has never joined other convicts. Had he served his sentence in National Bilibid, maybe his application for good conduct would have some basis,” she pointed out.