DOJ may rule on Pemberton appeal this month

MANILA, Philippines - The Department of Justice (DOJ) has vowed to quickly resolve the appeal filed by US Marine Lance Cpl. Joseph Scott Pemberton on his indictment for murder over the killing of Jeffrey “Jennifer” Laude in Olongapo City last October. 

Justice Secretary Leila de Lima yesterday said the ruling of her office on Pemberton’s petition for review questioning the finding of probable cause by the Olongapo City Prosecutor’s Office on the murder charge against him may be expected within the month. 

“Certainly we are fast-tracking the resolution of that petition for review. We are aware of the need for speedy resolution considering the prescribed period under the VFA (Visiting Forces Agreement),” she said in a text message. 

De Lima was referring to the one-year period required in the VFA to complete trial of criminal cases against US servicemen while serving duty in the country. If this is not met, the accused will be released from detention and the case considered dismissed on technicality. 

Pemberton appealed his indictment despite him not appearing before prosecuting during the preliminary investigation to answer the charge. 

Due to the petition for review, Olongapo RTC Branch 74 Judge Roline Ginez-Jabalde had to suspend the trial pursuant to Rule 116 of the Rules of Court, which provides that the arraignment of the accused in criminal cases shall be suspended for 60 days at most from the filing of petition with the DOJ. 

De Lima, however, said the DOJ would not exhaust this period provided in the law. “We will issue the resolution this month,” she said. 

Pemberton, who remains under custody of the US government in a facility at Camp Aguinaldo, has not been arraigned since the murder case was filed in court last month. 

A petition for review with the DOJ is a legal option for the accused in criminal cases, wherein the justice secretary would review resolutions of prosecutors and either affirm or reverse their findings. 

In his 33-page petition received by mail by the DOJ last Dec.22, the American serviceman sought dismissal of the murder charge against him. 

His lawyer Rowena Garcia-Flores argued that the findings of treachery, cruelty, and abuse of superior strength by the panel chaired by City Prosecutor Emilie delos Santos were “based on nothing but conjectures and speculations.”

Their camp claimed that the assailed resolution was “full of logical leaps and unwarranted conclusions” and “also disregarded the fundamental principles pertaining to treachery as a qualifying circumstance in the crime of murder.”

Pemberton also claimed that there was “no direct evidence to show how the alleged attack was commenced and executed” and that the conclusion of prosecutors were based on “surmises and conjectures of the supposed witnesses... and inadmissible object and documentary evidence.”

Pemberton’s camp also said there must first be a “deliberate or conscious choice of a means of execution that insures the offender’s safety from retaliatory act” from the victim before an act can be considered as a qualifying circumstance in murder.

He also questioned the finding of cruelty by the prosecutors. His lawyer pointed out that there is cruelty only when an offender deliberately inflicts injuries or wounds that are not necessary for killing the victim.

“Further, the victim must be alive when the other injuries or wounds were inflicted,” he added.

Prosecutors opposed Pemberton’s plea to suspend proceedings pending resolution of the petition for review, saying it would just delay the trial and might jeopardize the one-year prescription period under the VFA. 

Still, the court suspended proceedings and also denied the other motions of private prosecutors seeking to transfer Pemberton to the city jail and to allow media coverage of the trial.