SC rules: Laude kin won’t be part of petition vs Edca | Global News

SC rules: Laude kin won’t be part of petition vs Edca

/ 01:31 PM November 18, 2014

MANILA, Philippines—The Supreme Court denied on Tuesday the bid of the family of slain transgender Jeffrey “Jennifer” Laude to be part of the petition against the legality of the Enhanced Defense Cooperation Agreement (Edca).

In a resolution, the high court said the petition filed by Julita, Marilou and Michelle, mother and siblings of Laude, lacks merit.

Jeffrey "Jennifer" Laude. ALLAN MACATUNO / INQUIRER CENTRAL LUZON

Jeffrey “Jennifer” Laude. ALLAN MACATUNO / INQUIRER CENTRAL LUZON

“We deny the Motion to Admit the Attached Petition-In-Intervention for lack of merit and strike out the Petition-In-Intervention and all its annexes from the record,” the high court said.

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The high court explained that the petition has explained in detail matters pending with the Office of the City Prosecutor.

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The preliminary investigation on the murder case against Private First Class Joseph Scott Pemberton for the death of Laude is still ongoing.

But the high court said while the case has apparent connection with Edca, “the Laude case is inherently a criminal proceeding and is not related to the constitutionality of the Edca.”

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“The petition-in-intervention similarly goes into evidentiary and factual issues, alongside its attachments. Thus, so as not to preempt the OCP, the motion is hereby denied.”

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“Discussing the sensitive nature (i.e., arguments and evidence) of a pending criminal investigation is misplaced in the oral arguments concerning the constitutionality of the Edca and must thus be disallowed during the oral arguments, so as not to pre-judge and affect the pending criminal proceedings in the Laude Case,” the high court said.

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TAGS: EDCA, Jeffrey Laude, Jennifer Laude, Supreme Court

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