The Supreme Court has affirmed its earlier decision allowing US Marine Lance Corporal Joseph Scott Pemberton to remain in his detention cell inside the Armed Forces of the Philippines’ headquarters.
In an en banc resolution, the SC dismissed with finality the petition of the family of slain transgender woman Jennifer Laude to have the American serviceman transferre to a regular jail following his conviction for homicide last December.
The tribunal resolved to dismiss with finality the appeal filed by the Laude family and instead affirmed its decision in November last year.
Pemberton has been detained at the expeditionary holding facility within the Mutual Defense Board-Security Engagement Board ground inside Camp Aguinaldo as an “interim extension” sub-facility while the AFP custodial center is being prepared for the US serviceman’s eventual detention.
In their petition in April last year, Laude’s sisters Marilou and Mesehilda assailed the order of the Olongapo Regional Trial Court Branch 74 that denied their motion to transfer the American serviceman to a jail while standing trial for murder.
The SC has denied the petition and held that there was no grave abuse of discretion on the part of trial court in rejecting the plea.
It agreed with the RTC in rejecting the plea based on petitioners’ failure to comply with the three-day notice rule.
The said rule under Section 4, Rule 15 of the Rules of Court requires every written motion required to be heard, including the Notice of Hearing, to be served upon the adverse party at least three days before the date of hearing.
The SC also cited the government prosecutor’s lack of support to the Laude family’s plea.
Pemberton was already convicted of homicide last Dec. 1 for the killing of 26-year-old Laude, who was found dead inside a lodge in Olongapo City on Oct. 11, 2014.