MANILA, Philippines — The Senate could reopen its investigation into the Good Conduct Time Allowance (GCTA) law in connection with the imminent release of US Marine Lance Corporal Joseph Scott Pemberton, who was convicted for the death of Filipino transgender woman Jennifer Laude.
This was according to Senate President Vicente Sotto III, who was asked about an Olongapo’s court order to release Pemberton based on the computation of his GCTA.
While he opted not to comment on whether or not it was right to order Pemberton’s release on the basis of the GCTA, Sotto said the upper chamber can take up the matter in an investigation.
“I do not know how he is being treated, and hid [in] confinement, we are not sure about that. The only thing I can say about it is that it is a good thing that the Blue Ribbon Committee of the Senate has not ended the hearing on the GCTA, if you will recall,” he said in an interview over CNN Philippines on Thursday.
Last year, the Senate justice and blue ribbon committees opened an investigation into controversies hounding the early discharge of heinous crime convicts through the GCTA law.
Both committees are chaired by Senate Richard Gordon.
Public outrage on the possible early release of former Calauan Mayor Antonio Sanchez, who was convicted in the rape-slay of college student Eileen Sarmenta, spurred the Senate investigation in 2019.
“The reason that Senator Gordon has had difficulties with the hearings (was) because of the lack of the number of cases being investigated by the Blue Ribbon, but that (Pemberton case) is one of it. GCTA [probe], suspended pa lang yung hearing niyan so I am sure we can take it up,” Sotto went on.
“That will be a good resort to be able to find out if it is correct but then ang titingnan natin dito ay kung ano ang pwede nating magawa in aid of legislation thereafter, because meron tayong separation of powers with the judiciary,” he added.
In a separate radio interview, Senator Panfilo Lacson said the early release of Pemberton was upsetting.
“Siyempre dahil Pilipino ang biktima at foreigner ang na-convict, masama ang loob natin. ‘Di ba pag murder ang kaso alam nating reclusion perpetua? So 40 years ‘yan. E parang anim na taon lang ang pinagkakulong,” he said.
“Hindi natin alam ano ang intricacies nito. Bukod sa sinasabing may computation na ginawa para sa GCTA, siyempre may mga underpinnings yan na hindi naman dini-discuss in public or openly,” he added.
Meanwhile, Senator Risa Hontiveros slammed the seemingly swift legal action in Pemberton’s release.
“The swiftness by which our institutions have acted on a white, male American’s case is a privilege that is never accorded to many Filipinos,” Hontiveros said in a statement.
“What message does this send to our citizens who have routinely suffered from our own justice system?” she asked.
According to the Olongapo court’s order, Pemberton was said to have already served the 10-year maximum of his penalty after taking into account the GCTA he accumulated while detained.
But Malacañang said Pemberton’s release remains on hold after the Department of Justice had advised the Bureau of Corrections not to discharge the US soldier pending the court’s resolution of a motion for reconsideration filed before it.
Pemberton is currently detained at a restricted facility in Camp Aguinaldo, pursuant to the Visiting Forces Agreement.