MANILA, Philippines — The Department of Justice (DOJ) will raise issues on jurisdiction and question the computation of the good conduct time allowance (GCTA) for US Marine Lance Cpl. Joseph Scott Pemberton before the Olongapo court next week.
In a motion for reconsideration, the DOJ will question the authority of Judge Roline Ginez Jabalde of the Olongapo City Regional Trial Court Branch 74 in granting GCTA as well as the computation of the GCTA that the court gave to Pemberton.
DOJ Secretary Menardo Guevarra said their prosecutors in Olongapo City are preparing the appeal.
“Our trial prosecutors are still drafting the motion for reconsideration, but I expect that jurisdictional issues, apart from the divergence in GCTA computation will be included in the motion for reconsideration,” Guevarra said.
Earlier, Guevarra expressed hope that the Office of the Solicitor General would join them in drafting the motion.
The court noted the GCTA credits reportedly earned by Pemberton when it ordered the Bureau of Corrections to release the US serviceman from prison.
It also expressed belief that Pemberton had served beyond the maximum sentence of 10 years in prison.
Pemberton was found guilty of homicide for killing transgender Jennifer Laude in 2015. He was sentenced to six to 10 years in prison and had been detained at the Joint US Military Assistance Group facility at Camp Aguinaldo.