BY JEFFREY DAMICOG
Detained United States Marine Joseph Scott Pemberton can’t avail of the benefits of the Good Conduct Time Allowance (GCTA) Law because what he committed was a heinous crime.
This was emphasized by the lawyer of the family of slain transgender Jennifer Laude on Thursday after an order for Pemberton’s release was issued by Olongapo City Regional Trial Court (RTC) Branch 72 which considered the GCTA credits of the US serviceman and determined that he has already served his sentence.
GCTA is a law that grants earlier release of persons convicted of crimes.
“We disagree with that conclusion by the court. We don’t think that he could actually avail of the benefits of this rule,” said lawyer Rommel Bagares during an interview over ANC.
Pemberton, who is detained in Camp Aguinaldo in Quezon City, was convicted with homicide in 2015 for the 2014 killing of Jennifer Laude. He was sentenced to suffer six to 10 years of imprisonment.
“This was a hate crime without any question. He should not qualify under the GCTA rules because heinous crimes are not covered by the rules,” he stressed.
The lawyer pointed out that “the GCTA (Good Conduct Time Allowance) Law is very clear on how good conduct is defined.”
Bagares also cited that the Supreme Court (SC) has already ruled on questions regarding the Visiting Forces Agreement (VFA), particularly the 2009 ruling on a rape case in Subic and the case on Jennifer.
“The court said here that we cannot raise the argument of equal protection because they said that to begin with there is really no equal treatment given to someone who is convicted or who is being prosecuted under the VFA because it is treated in a separate manner,” he said.
The lawyer pointed out “the GCTA should not have been applied to him for that reason in the absence of a definite agreement that would cover him.”
Even the family of Laude was “devastated” upon learning that Pemberton is about to be released.
“Devastated ‘yung family,” said Atty. Virginia Lacsa Suarez, the legal counsel of the Laude family, during an interview over CNN Philippines.
“They believe that Pemberton should be serving his sentence,” the lawyer said.
Meantime, Senators Vicente Sotto III and Panfilo Lacson said they would look into the computation of authorities on Pemberton’s sentence.
An organization of lawyers has also expressed dismay that Pemberton was given a “red carpet” for his undeserved early release from imprisonment.
The National Union of People’s Lawyers (NUPL) pointed this out since Pemberton has been serving his prison sentence in Camp Aguinaldo in Quezon City and not at the national penitentiary.
Bagong Alyansang Makabayan (Bayan) Secretary General Renato Reyes Jr. was left wondering how Pemberton was released using the GCTA rule.
“Six years. ’Yan lang pala ang halaga ng buhay ng isang Pilipino. Matapos ang anim na taon, papalayain na si Pemberton,” Reyes said.
“Hindi ba’t suspendido ang pagbibigay ng GCTA ngayon? Paano naka-avail ng GCTA si Pemberton?,” he asked. (with a report from Vanne Terrazola)
