Despite a local court ruling that US Marine Joseph Scott Pemberton should be held at a detention facility in Camp Aguinaldo—the general headquarters of the Armed Forces of the Philippines (AFP) located in Quezon City—the Laude family has filed a petition with the Department of Justice (DOJ) and the Supreme Court (SC) seeking incarceration of the American soldier at the New Bilibid Prisons (NBP), the national penitentiary in Muntinlupa City (Metro Manila).
Pemberton was recently convicted of homicide for the death of Filipino transgender Jeffrey Laude and sentenced to six to 12 years in prison.
Marilou and Michelle Laude, sisters of the slain transgender, filed a complaint on Wednesday with the DOJ against Eduardo Oban Jr., undersecretary of the Presidential Commission on Visiting Forces Agreement (PCVF), charging Oban of “open disobedience” under Article 231 of the Revised Penal Code.
Also, the Laudes again asked the SC to declare unconstitutional a Memorandum of Agreement (MOA) dated December 1, 2015 between the AFP and the Bureau of Corrections (BuCor), which provides that Pemberton should be detained at an “Interim Extension Sub-Facility of the AFP Custodial Center, specifically, the Mutual Defense Board-Security Engagement Board [MDB-SEB] Ground, Camp Aguinaldo, until the AFP Custodial Center is ready to be used for the service of [Pemberton].”
They also asked the High Court to immediately issue a temporary restraining order (TRO) or writ of preliminary injunction (WPI) to stop implementation of the MOA and order the American soldier’s transfer to a regular prison for convicts.
In a two-page order, dated December 1, 2015, Judge Roline Ginez- Jabalde of the Olongapo City (Zambales) Regional Trial Court, ordered Oban to explain the MOA that the Philippine government signed on where Pemberton should be detained.
Also, Jabalde ordered that “pending the submission of the MOA and written agreement between duly authorized representatives of the United States of America and the Republic of the Philippines, accused L/Cpl. Joseph Scott Pemberton is temporarily confined or detained to AFP Custodial Center at Camp Aguinaldo, Quezon City under the supervision of the Bureau of Corrections. Otherwise, the commitmen to dated December 01, 2015 shall be enforced.”