MANILA, Philippines — The court order releasing US Marine Lance Cpl. Joseph Scott Pemberton from jail was a “judicial overreach,” Malacañang said Thursday.
Pemberton, who was convicted in 2015 for killing Filipino transgender woman Jennifer Laude, was ordered released by an Olongapo City court after serving the 10-year maximum of his penalty.
Pemberton served only five years and eight months of his jail term, but the court said his good conduct time allowances totaled 1,548 days, or worth more than four years which brings Pemberton’s accumulated jail time to over 10 years.
“Yung ginawa po ni judge na siya na ang nagdesisyon kung paano siya bibigyan ng good conduct is an instance of judicial overreach,” presidential spokesperson Harry Roque said in an online briefing.
(What the judge did about deciding to give good conduct is an instance of judicial overreach.)
“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.
(To those holding Pemberton, let the Executive branch move for reconsideration. Because the decision on good allowance conduct is an Executive function.)
Roque said the Olongapo court decision was also against the Bureau of Corrections’ recommendation on providing good conduct time allowance.
“Sang-ayon po kasi sa batas na nagbibigay ng allowance for good conduct, kinakailangan may rekomendasyon po ang Bureau of Correction,” Roque explained.
(According to the law which provides allowance for good conduct, there has to be a recommendation from the Bureau of Correction.)
“It turns out na itong desisyon ng hukuman ay labag po, contrary to the recommendation made by the Bureau of Corrections kasama na po dyan yung punto na hindi dapat binigyan ng allowance for good credit yung educational, di umano, activity ni Pemberton habang siya po ay nakakulong,” he added.
(It turns out that the court’s decision was in violation, in contrast to the recommendation made by the Bureau of Corrections which include the allowance for good credit given for Pemberton’s supposed educational activity while in detention.)