Sen. Leila de Lima has questioned the authority and the basis of the Olongapo City Regional Trial Court decision to release homicide convict US Marine Lance Corporal Scott Pemberton thru the Good Conduct Time Allowance (GCTA).
De Lima, former Department of Justice Secretary, lamented the court decision to prematurely release Pemberton from prison on account of good behavior.
"After much ruckus over the Good Conduct Time Allowance controversy, former US Marine Scott Pemberton...has been allowed by Olongapo City RTC, Branch 74 a free pass," the detained senator said in her dispatch.
"Sa kabila ng bigat ng krimen na ginawa niya, parang napakadali para sa korte na palayain siya nang maaga (Despite the gravity of his crime, it seemed too easy for the court to release him early)," she wrote.
In 2015, Pemberton was sentenced to a maximum of 10 years in prison over the 2014 slaying of Filipino transwoman Jennifer Laude.
Last Sept. 1, Judge Roline Ginez-Jabalde of the Olongapo RTC Branch 74 ruled that the American soldier had already served his sentence considering his good conduct credits.
Pemberton actually served a jail time of six years including his detention prior to his conviction.
De Lima, however, argued that the court should no longer have jurisdiction over Pemberton's case.
"First of all, what is the jurisdiction of the Olongapo RTC in ordering the Director-General of the Bureau of Corrections to release Pemberton? Once the Court has rendered judgment and the judgment becomes final, it ceases to have jurisdiction over the case. The case against Pemberton has already attained finality. The Olongapo RTC has no more jurisdiction over the case nor over the person of Pemberton," De Lima said.
"Even granting for the sake of argument that Pemberton qualifies for GCTA, the proper course of action would have been to file a petition for habeas corpus. The Olongapo RTC cannot grant a writ of habeas corpus to release Pemberton because he is incarcerated outside the court’s territorial jurisdiction," she added.
De Lima also questioned the court's crediting of the Pemberton's GCTA, citing the motion filed by Laude's family stating that there is neither a proof of good behavior from foreigner nor his participation in rehabilitation programs.
"How can he be granted the reprieve under the law when there is little to no proof at all of his behavior or participation in rehabilitation activities while in jail?" she asked.
She also echoed the claim that the Olongapo RTC only adopted Pemberton's own computation of his GCTA credits.
"The computation and grant of GCTA is neither ministerial nor perfunctory. It follows a strict process outlined by law and is only restricted to persons duly determined to be qualified. Under Republic Act No. 10592, it is the BuCor Director, BJMP Chief or Local Warden who grants GCTA upon recommendation by the Management Screening and Evaluation Committee (MSEC), not the trial courts," she said.
"Irrespective of which computation is correct, the more fundamental and crucial issue is whether Pemberton is at all entitled to GCTA, in light of the peculiar circumstance of his confinement, i. e., by himself in a separate restricted facility sans any interaction with other convicts. Can he be properly credited with “good behavior” as defined under the GCTA Law’s IRR? Was his case processed by the MSEC? Was there a recommendation from said body?"
"The burden is on Pemberton’s camp to show that the requirements and procedure in granting GCTA were duly observed," she also said.
De Lima said Pemberton's release could be another case of "misapplication or abuse" of the GCTA Law.
"Which is unfortunate as it undermines the very wisdom and salutary philosophy behind said law, a tool for restorative justice and intended only for deserving PDLs (persons deprive of liberty)," she said.
"This judicial act has done more than just let a guilty man free – it replaced justice with injustice and reopened wounds that started healing when Pemberton was convicted and imprisoned," De Lima said.