‘Pemberton camp detention an extension of NBP’

MANILA, Philippines - The commitment order issued by an Olongapo City court to US Marine Joseph Scott Pemberton after he was convicted of homicide signals the start of his six to 12 years imprisonment, a prison official said.

“Pemberton is now a national prisoner serving his jail term and his detention facility will become an extension of NBP (New Bilibid Prison), where he will undergo all the procedures, including correction and rehabilitation process, done to regular convicts,” the prison official said.

The official, who requested anonymity, said a “carpeta” or file folder of Pemberton will be prepared to record his daily prison activities to determine his good conduct merits that will be the basis of granting parole after serving the minimum six-year sentence. 

A committee regularly reviews the carpeta and a violation of prison rules will serve as a demerit or deduction or suspension of good conduct credit.

Since homicide is not a capital offense, the convict is entitled to 20 days good conduct merit every month, which is equivalent to half of the minimum jail term.

His carpeta will be submitted to the Board of Parole and Pardon for evaluation and recommendation, the source said.

After 60 days from the reception and diagnosis, inmates serving six- to 12-year jail terms are assigned to the NBP minimum-security compound that has the biggest prison population at the NBP.

Aside from the good conduct merit, the detention period of the convicted American serviceman while undergoing trial will also be deducted from his minimum jail sentence, after which the convict will be granted parole and released from prison.

The parolee, however, will have to report to the probation officer every month until he fully serves his 12-year jail term.

There are cases when parolees were allowed to work abroad for gainful employment and to complete his or her jail term will have to report to the Philippine embassy every month until he fully serves his sentence.

The official said modern penology dictates that convicts are detained not as punitive action but as a correction and rehabilitation process to reform convicted criminals and prepare them to become productive law abiding citizens when they return to mainstream society.

“Granting Pemberton passed all the good conduct merit requirements, his minimum jail term will be reduced to three years minus his one year detention, within two years he will be eligible for parole,” the prison official said.

The official also clarified that the provision under the Visiting Forces Agreement (VFA) only covers the detention facility agreed on by both the Philippine and US governments, but the process of correction and rehabilitation will be undertaken by the Philippine government.

A presidential and absolute pardon is also available to deserving inmates after final conviction.

The Olongapo regional trial court on Tuesday sentenced Pemberton to a maximum of 12 years imprisonment for homicide in the killing of transgender Jeffrey “Jennifer” Laude in October last year.

The court committed Pemberton to the joint custody of the Philippine and US authorities in the arrangement provided under the VFA.

Bureau of Corrections director Ricardo Rainier Cruz III said personnel from the NBP are now assigned to guard Pemberton.

He said Pemberton has been given a prison number and committed in a new prison facility that would be jointly built by the US and Philippine governments under the VFA. – With Jaime Laude