THE Department of Justice will file a motion for reconsideration before the Olongapo City regional trial court seeking to reconsider its recent order to release US serviceman Joseph Scott Pemberton in connection with the killing of a transgender woman in 2014.
Justice Secretary Menardo Guevarra said the motion will be filed this week.
“We will file its own motion for reconsideration next week. We hope that the OSG (Office of the Solicitor General) will join the DOJ in our motion,” Guevarra said.
On Wednesday, the Olongapo City RTC ordered the release of Pemberton after the court granted Pemberto’s bid for release after serving 10 years, one month, and 10 days of his sentence in accordance with the GCTA.
Also, the court noted that Pemberton has already paid in full the monetary damages to slain transgender woman Jennifer Laude’s family amounting to P4. 6 million.
The court ordered the Bureau of Corrections to release Pemberton unless he was being held on other charges.
Prior to his release, Pemberton served five years and eight months of his original sentence of 10 years. But because of the GCTA rule, 1,548 days or more than four years were credited to him, hence, Pemberton accumulated 10 years, one month, and 10 days.
Recently, the Supreme Court granted Pemberton’s motion withdrawing his petition for review seeking to overturn his conviction.
Pemberton had asked the high court to review the Court of Appeal’s decision affirming the ruling of conviction handed down by the Olongapo City RTC.
