US Marine Corps Lance Corporal Joseph Scott Pemberton
MANILA – The Armed Forces of the Philippines (AFP) is waiting for the Bureau of Corrections (BuCor) to facilitate the release of US Marine Corps Lance Corporal Joseph Scott Pemberton from detention.
"We will assist BuCor in facilitating the release of Pemberton by virtue of such court order," AFP spokesperson Marine Maj. Gen. Edgard Arevalo said, stating that the military learned about the release order of Pemberton only through media reports and have yet to receive a copy.
The release of Pemberton, who is detained at the AFP custodial facility, will be facilitated by the BuCor and not by the military, he added.
"Nonetheless, the compliance to that order of the court will have to be done by the BuCor, not the Armed Forces of the Philippines," Arevalo said.
The AFP will assist the BuCor in facilitating Pemberton's release.
"The MOA (memorandum of agreement) provides that the former will make available the detention facility while the latter retains the management and administration of the convicted detainees," Arevalo said.
In December 2015, the Olongapo City Regional Trial Court Branch 74 sentenced Pemberton to six to 10 years imprisonment for killing transgender woman Jennifer Laude inside a bathroom of an Olongapo motel on October 11, 2014.
Judge Roline Ginez-Jabalde, in a decision issued on Sept. 1, ruled that Pemberton has a total accumulated time served with an entitlement of Good Conduct Time Allowance of 10 years, one month, and 10 days.
Ginez-Jabalde said the jail time Pemberton had already served is “more than the 10 years maximum penalty imposed by this court and affirmed by (the) Court of Appeals.”
“Thus, he (Pemberton) is now entitled to be released for he had already served the 10-year maximum of his penalty,” the ruling read. (PNA)
