DOJ: Pemberton to remain at Camp Aguinaldo despite court order

U.S. Marine Pfc. Joseph Scott Pemberton, center, the suspect in the killing of Filipino transgender Jennifer Laude, is escorted inside the courts at Olongapo city, Zambales province, northwest of Manila, Philippines on Tuesday Dec. 1, 2015. A Philippine court is expected to deliver its verdict Tuesday in the emotion-charged case of a U.S. Marine accused of murdering a transgender Filipino after discovering her gender when they checked into a hotel, officials said. AP/Aaron Favila

MANILA, Philippines - The Department of Justice (DOJ) on Tuesday allowed US Marine Lance Corporal Joseph Scott Pemberton to remain at the US detention center in Camp Aquinaldo in Quezon City following his conviction for homicide.

An Olongapo court ruled that Pemberton is guilty if homicide and sentenced him to imprisonment from six to 12 years for killing Filipino transgender woman Jennifer Laude.

The court also ordered that Pemberton be temporarily detained at the New Bilibid Prison in Muntinlupa City.

However, the US officials allegedly refuse to surrender Pemberton to Philippine authorities.

"Mukha pong sa aking nakita kanina ay hindi pumapayag na i-give up ng mga Amerikano si Pemberton bagamat malinaw ang desisyon na dapat sa Muntinlupa siya dalhin," Laude's family lawyer Harry Roque said in a press conference.

Roque noted that it would be a defiance of the court order if Pemberton will not be brought to the prison in Muntinlupa City.

The DOJ said in a statement that Pemberton will be under the guard of the Philippine National Police upon being transported to Camp Aguinaldo.

"He shall be received by personnel of the Bureau of Corrections (BuVor) and immediately detained there until his appeal is decided with finality by our courts," the DOJ said.

The DOJ clarified that under the Visiting Forces Agreement between the Philippines and the US, Pemberton may be transferred to another detention facility at some point.

"In any case, his detention shall at all times be carried out within Philippine territory, under guard by and in line with existing regulations of the BuCor," the DOJ said.

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