Pemberton to remain in detention pending appeal resolution – DOJ

Robie de Guzman   •   September 3, 2020   •   450

MANILA, Philippines – US Marine Lance Corporal Joseph Scott Pemberton, who was convicted of killing Filipino transgender Jennifer Laude, will not be released from detention yet pending a court’s resolution on the appeal filed by the victim’s family, the Department of Justice (DOJ) said Thursday.

 The DOJ said it has directed the Bureau of Corrections (BuCor) to wait for the court’s decision on the Laude family’s motion for reconsideration.

“The MR would have to be resolved first. The BuCor cannot preempt court action on the MR by prematurely releasing Pemberton,” DOJ Spokesperson Markk Perete said in a message.

The BuCor, for its part, said it will heed the DOJ’s directive and respect the court process. It also assured that Pemberton will remain detained at a facility in Camp Aguinaldo.

The Laude family, through their counsel Virgie Suarez filed a motion for reconsideration on Wednesday, arguing that Pemberton should not be granted an early release sans proof of his good behavior or participation in rehabilitation programs in jail.

“Simple ang mga ibigay lang nila sa korte ay mga computation I mean what can you see from the computation? Computation is just a computation it should not be taken ay yun na yun that computation is equated with the good conducts dapat may mga records,” she said.

Suarez also stressed in her appeal that Pemberton has been serving sentence “solo” in Camp Aguinaldo and no one can attest about his alleged good conduct.

  “What constitutes good conduct? Ano ba ang mga ginawa nito para sabihin mo mayroong good conduct? The court could easily scrutinize that but the court did not,” she said.

The Olongapo City Regional Trial Court Branch 74 in an order dated September 1 said Pemberton should be released over good behavior.

In 2014, Pemberton was sentenced six to 10 years in prison for homicide over the slay of Laude at a motel in Olongapo City. He has been held at a facility in Camp Aguinaldo under the provisions of the Visiting Forces Agreement between the United States and the Philippines.

The court credited to him a good conduct time allowance (GCTA) of 1,548 days or more than 4 years plus a total of 2,142 days in detention which amounts to more than 10 years of the maximum penalty imposed on him.

The court is set to hear the Laude family’s appeal on Monday, Sept. 7. – RRD (with details from Correspondent Dante Amento)

DOJ may adjudicate on UP-DND Pact termination – Guevarra

Robie de Guzman   •   January 20, 2021

MANILA, Philippines – The Department of Justice (DOJ) may end up adjudicating on the ongoing dispute between the University of the Philippines (UP) and the Department of National Defense (DND) relating to the abrogation of an agreement that has, for decades, barred the entry of government troops into UP campuses without prior coordination, Justice Secretary Menardo Guevarra said.

In a message to reporters, Guevarra said this is pursuant to Presidential Decree (PD) 242, which prescribes the procedure for administrative settlement or adjudication of disputes, claims, and controversies between or among government offices, agencies, and instrumentalities, including government-owned and -controlled corporations.

“The ongoing dispute between the UP and the DND, both national government agencies/instrumentalities, regarding the cancellation or abrogation of their 1989 agreement may end up with the DOJ for administrative adjudication pursuant to PD 242 (which remains good law),” Guevarra said.

Because of this, the Justice secretary said he will decline to state his stance on the matter.

“It will therefore be premature for the DOJ to make any comment on the dispute at this time,” he said.

The DND unilaterally ended the 31-year-old agreement with UP, citing information that the New People’s Army is recruiting students inside UP campuses.

Defense Secretary Delfin Lorenzana earlier explained that the deal is ‘obsolete’ and that UP has become “a breeding ground” and “a safe haven for enemies of the state.” – RRD (with details from Correspondent Dante Amento)

DOJ issues hold departure order vs nine cops in Jolo shooting

Aileen Cerrudo   •   January 12, 2021

MANILA, Philippines — The Department of Justice (DOJ) has issued a hold departure order against the nine policemen involved in the shooting of four army personnel in Jolo, Sulu.

In a statement, DOJ Secretary Menardo Guevarra has ordered prosecutors to file a motion in the court for a hold departure order against the policemen accused of killing the four army personnel in Jolo, Sulu last June 2020.

The order was issued after the Philippine National Police (PNP) released the said cops after being dismissed from service.

“The DOJ prosecutors filed the criminal information against the 9 police officers last January 4. The court was supposed to issue the warrants of arrest thereafter, but apparently failed to do so because of the current lockdown in Sulu,” he said.

Guevarra, meanwhile, hopes the accused would voluntarily turn themselves in once the warrants are issued.

“We hope that the 9 accused will voluntarily turn themselves in when such warrants are eventually released by the court. Otherwise, law enforcement agents will look for them and take them into custody,” Guevarra said. -AAC (with reports from Dante Amento)

DOJ indicts 9 cops involved in Jolo shooting

Aileen Cerrudo   •   January 4, 2021

The Departmet of Justice (DOJ) has found probable cause to indict the nine cops involve in shooting the four military men in Jolo, Sulu last June 29, 2020.

The Justice Department has recommended the filing of charges against PSMS. Abdelzhimar Padjiri, PMSg. Hanie Baddiri, PSSg. Iskandar Susulan, PSSg. Ernisar Sappal, PCpl. Sulki Andaki, Pat. Moh Nur Pasani, PSSg. Admudzrin Hadjaruddin, Pat. Alkajal Mandangan, and Pat. Rajiv Putalan with four counts of murder over the killing of four members of the Philippine Army.

“I understand that the accused police officers have been dismissed from the service, so the court should immediately obtain jurisdiction over their person, lest they be able to flee,” according to DOJ Secretary Menardo Guevarra.

Meanwhile, the DOJ has also recommended the dismissal of the three Sulu Police officials PCol. Michael Bayawan, Jr., PMaj. Walter Annayo and PCapt. Ariel Corcino for command responsibility. AAC (with reports from Dante Amento)

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