Lance Corporal Joseph Scott Pemberton. Photo from Olongapo City Police
The Supreme Court dismissed with finality the bid of the kin of slain transgender Jeffrey “Jennifer” S. Laude to transfer Lance Corporal Joseph Scott Pemberton to a regular local jail.
“The Court denied with finality the Motion for Reconsideration filed by petitioners from the Court’s decision dated Nov. 24, 2015 dismissing their petition,” high court’s Information Chief Atty. Theodore Te said at a press conference Tuesday.
Also, the high court said the motion for reconsideration filed by the Laude kin was dismissed for being moot.
The case was filed seeking Pemberton’s transfer to local jail pending trial.
The high court, in its ruling last Nov. 24, 2015 affirmed the orders of Olongapo Regional Trial Court Branch 74 Judge Roline M. Jinez-Jabalde denying the request to detain Pemberton at the Olongapo City Jail pending resolution of his case.
READ: No Bilibid time for Pemberton
The high court said there was no grave abuse of discretion on the part of the judge when she denied the request on a technicality. It said the Laude family’s failure to comply with the three-day notice rule in filing motions was “unjustified.”
The high court added that the bid to compel the Armed Forces of the Philippines to surrender Pemberton without conformity of the public prosecutor was unjustified.
Pemberton was convicted of homicide in December 2015 for the death of Laude and was sentenced to up to 12 years of imprisonment.
READ: Pemberton guilty of homicide in Laude case, sentenced to up to 12 years
Jinez-Jabalde ordered Pemberton detained at the custodial center in Camp Aguinaldo.
A separate petition has been filed last year to nullify the December 1, 2015 Memorandum of Agreement (MOA) between the Bureau of Corrections, and the General Headquarters and the Headquarters Service Command of the Armed Forces of the Philippines stating that the custody of Pemberton upon his conviction should remain in Camp Aguinaldo.
Laude’s lawyer, Harry Roque said it is in violation of the equal protection clause and an executive encroachment on the power and authority of the Judicial Department.IDL
READ: Pemberton to serve sentence in Camp Aguinaldo