PCVF exec sued for ‘disobeying’ court-ordered Pemberton detention
US Marine Pfc. Joseph Scott Pemberton, third left, the suspect in the Oct. 11, 2014, killing of Filipino transgender Jennifer Laude, is escorted into the courtroom for his scheduled trial Monday, March 23, 2015, at Olongapo City. AP PHOTO/JUN DUMAGUING
Kin of slain transgender Jeffrey “Jennifer” Laude filed before the Department of Justice (DOJ) criminal complaint against Presidential Commission on Visiting Forces (PCVF) Agreement executive director Eduardo Oban Jr. for disobeying court orders regarding the detention of Laude’s killer, Lance Corporal Joseph Scott Pemberton.
Oban is slapped specifically with a case for violation of Article 231 of the Revised Penal Code for Open Disobedience.
The complaint stemmed after Oban defied the court order when Pemberton was taken to the Joint US Military Assistance Group (JUSMAG) in Camp Aguinaldo for his detention instead of the AFP Custodial Center as ordered by the Olongapo Regional Trial Court after he was convicted of homicide.
READ: Standoff between PH, US on Pemberton detention
“There is open disobedience when one performs an act without reservation and the refusal is clear and intentional,” the complaint stated.
“From the foregoing, is it manifest that PCVF Undersecretary Oban Jr. violated Article 231 of the Revised Penal Code. As the Executive Director of the Presidential Commission on Visiting Forces Agreement, Undersecretary Oban was (1) acting in his capacity as an executive officer, and while acting as such,(2) openly defied (3) the order of The Honorable Regional Trial Court, Branch 74 of Olongapo City, which it issued within the scope of its judicial authority and jurisdiction, when he failed to commit Pemberton to the AFP Custodial Center and delivered him instead to the JUSMAG detention facility in Camp Aguinaldo.”
Pemberton was convicted of homicide for killing Laude and was sentenced to minimum of six years to maximum of 12 years imprisonment.
READ: Pemberton guilty of homicide in Laude case, sentenced to up to 12 yrs
Laude was killed on October 11, 2014. IDL
