PRESIDENTIAL Spokesperson Harry Roque on Thursday, September 3, 2020, said the court order releasing US Marine Lance Corporal Joseph Scott Pemberton from jail is not final yet.

He said Justice Secretary Menardo Guevarra informed him that the Bureau of Corrections (BuCor) will file a motion for reconsideration.

“Nakausap ko po kanina si [Justice] Secretary Menardo Guevarra at ang hinihintay nga ay ‘yung f-in-ile na motion for reconsideration ng BOC (BuCor),” he said.

“Inaasahan po ni Secretary Guevarra na ngayong araw ay makakausap niya ang BOC at ang piskalya na magkaroon po siya ng kaukulang order. H’wag niyo munang palalabasin po [si Pemberton] dahil hindi pa naman final. Puwede pa pong mag-motion for reconsideration ang Republika ng Pilipinas,” he added.

Roque said BuCor had not granted good conduct time allowance (GCTA) to Pemberton. The GCTA scheme grants time allowance for good conduct, which shortens the prison sentence of persons deprived of liberty.

“Sangayon po kasi sa batas na nagbibigay nitong allowance for good conduct, kinakailangan na may rekomendasyon po ang BOC at it turns out na itong desisyon po ng hukuman ay labag po at kontra to the recommendation made by the Bureau,” he added.

Under Section 5 of the Republic Act no. 10592, “the director of the Bureau of Corrections, the chief of the Bureau of Jail Management and Penology and/or the warden of a provincial, district, municipal or city jail shall grant allowances for good conduct. Such allowances once granted shall not be revoked."

“So ‘yung ginawa po ni judge na siya po ang nagdesisyon kung paano siya bibigyan ng credit for good conduct is an instance of judicial overreach,” he added.

Pemberton was convicted of killing Filipino transgender Jennifer Laude in 2014 and sentenced to imprisonment of up to 10 years.

The Olongapo City Regional Trial Court Branch 74, however, ruled on Wednesday, September 2, that Pemberton deserves to be released from jail early because he was entitled to GCTA of 10 years, one month and 10 days.

Harry Roque, who served as counsel for the family of Laude in 2014, slammed the court’s decision, saying it was a symbol of “the death of Philippine sovereignty.” (Jove Moya/SunStar Philippines)