SC junks Laudes’ bid to transfer Pemberton

MANILA, Philippines - The Supreme Court (SC) yesterday dismissed a petition seeking to transfer US Marine Lance Corporal Joseph Scott Pemberton from US custody to the Olongapo City Jail.

The high court denied the petition filed in April by Jeffrey “Jennifer” Laude’s sisters, Marilou and Mesehilda, who wanted to reverse an order of the Olongapo Regional Trial Court Branch 74 that denied their motion to transfer Pemberton.

The high court held that the trial court did not commit grave abuse of discretion when it rejected the petitioners’ motion.

The SC agreed with the trial court ruling, citing petitioners’ failure to comply with the three-day notice rule.

The Rules of Court requires every written motion, including the notice of hearing, to be served to the respondents at least three days before the date of hearing.

In their petition, the Laude sisters alleged that Judge Roline Jinez-Jabalde, who is hearing the Pemberton murder trial, committed grave abuse of discretion when he dismissed their plea based on technicality.

Pemberton is on trial for the murder of Laude, whose body was found in a motel in Olongapo City in October last year.

The trial court is expected to hand down its verdict on the American serviceman next month.