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Memorandum

To: Atty. Merta Gracilla Sandoval

From: 2020110051

Date: September 20, 2020

Subject: Lance Corporal Joseph Scott Pemberton’s entitledness to Good Conduct

Time Allowance and If he is deserving of Pardon

Background:

This memorandum asserts the entitledness of Lance Corporal (LCpl.) Joseph

Scott Pemberton (Pemberton) to Good Conduct Time Allowance (GCTA) and whether
he is deserving of an Absolute Pardon from the President of the Philippines for the
felony he had done.

The case at bar is the case of People v. Pemberton. The accused who is a
member of the U.S. Marine Corps was charged by the Olongapo City Prosecutor’s
Office (OCPO) with the murder Jeffrey Serdoncillo Laude (Jennifer Lauder), a
transgender woman.1 In re of the case, Pemberton was found guilty beyond
reasonable doubt of the crime of homicide with indemnification to the heirs of
deceased.2

Thereafter, accused filed an instant Appeal assailing the November 18, 2015
decision and the March 29, 2016 Order of the Regional Trial Court (RTC) of
Olongapo City, Branch 74 that was denied for lack of merit. 3

Issue/s:

I. Whether or not accused is eligible for GCTA.

II. Whether or not accused is deserving of a pardon.

Facts:

It must be remembered that those who are considered as Persons Deprived

of Liberty (PDL) are qualified for GCTA.4 It is clearly stated that the only ones that
are exempted from entitlement of GCTA are those who are the following 5:

I. Recidivists;
II. An Accused who has been convicted previously twice or more times of any
crime;
III. An Accused who, upon being summoned for the execution of his sentence
has failed to surrender voluntarily before a court of law;
IV. Habitual Delinquents;
V. Escapees; and
1
RTC rollo (Crim. Case No. 865-14), p. 1
2
CA rollo April 15, 2017(G.R. CR No. 38620) , p. 1
3
CA rollo April 03, 2017 (G.R. CR No. 38620), p. 1
4
2019 Revised Implementing Rules and Regulations of R.A. No. 10592, p. 4
5
Id. at p.5
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VI. PDL Charged of Heinous Crimes.

For Absolute Pardon it must be noted that one is eligible after he has served
his maximum sentence or granted the final release and discharge or court
termination of probation.6

Conclusion:

In re to the eligibility of the accused (Pemberton) to avail for the benefits of

Good Conduct Time Allowance (GCTA), accused is eligible for its benefits because as
stated in the facts above, it is clearly stated that the grounds for disqualification
from the entitlement of the GCTA are only those that were enumerated and non-
other and he is not qualified in any of the stated disqualifications above. Another
criterion that can be deducted from the above stated facts is that whether the
accused committed a violation of the rules while he is imprisoned. Wherein fact, he
did not7, which is why he was granted eligibility for the benefits of GCTA.

In fact, the accused was in solitary confinement. 8 While in solitary it is nearly

impossible to violate any rule as the accused is alone. It can now be said that GCTA
is also usually not granted to an accused if he committed a crime in prison which is
something that Pemberton cannot even do because he is in isolation and when an
accused qualify into one of the exemptions in the disqualifying clause above.

Eligibility of Pemberton for GCTA is being questioned because he is not even

in the Bilibid Prison and he is not even a Filipino Citizen. It must be noted that
Pemberton should not be discriminated because of where he is confined because it is
not within his power to choose where he is to be detained. It must also be noted
that GCTA does not distinguish as to the nationality of the person covered by it;
under the Revised Penal Code (RPC), the laws of the Philippines are binding on all
persons who live or sojourn in the Philippines 9.

In re to whether or not the accused is deserving of the Absolute Pardon he

received, he is eligible for absolute pardon as according to the President Rodrigo Roa
Duterte, because the eligibility of the accused to GCTA, has already served him his
maximum sentence.10

According to Spokes Person Harry Roque, the grant for absolute pardon
means that there are no more issues on whether Pemberton is entitled to GCTA or
whether the GCTA law applies to him since he was not held in the National

6
Revised Rules and Regulations of the Board of Pardons and Parole, https://www.chanrobles.com/REVISED
%20RULES%20AND%20REGULATIONS%20OF%20THE%20BOARD%20OF%20PARDONS%20AND%20PAROLE.pdf
, p.8
7
Court Orders Pemberton’s Early Release On “Good Conduct” ,
https://cnnphilippines.com/news/2020/9/2/Pemberton-release-order-Laude-killing.html
8
Pemberton lawyer: Denying him GCTA would mean PH is a ‘Primitive Country’ ,
https://newsinfo.inquirer.net/1332963/pemberton-lawyer-not-granting-him-gcta-would-mean-ph-is-a-
primitive-country
9
Luis B. Reyes, The Revised Penal Code, Book No. 1 p.6 , (2017)
10
Be Fair: Duterte Grants Absolute Pardon to US Serviceman Convicted of Killing Transgender Jennifer Laude
 Page |3

Penitentiary.11 The President has erased the punishment that was supposed to be
slapped on Pemberton12

The Pardoning power of the President of the Philippines is an Executive Duty

which cannot be infringed upon by the Legislative branch and the Judiciary Branch
because of the principles of “Separation of Power”.13

It can be said that the absolute pardon given by President Duterte to the
accused was within the scope of his powers and he may exercise this power at any
time and in any circumstance.

SOURCES:
11
Id.
12
Id.
13
Ricardo M. Pilares III, Statutory Construction: Concepts and Cases, 2019
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 RTC rollo (Crim. Case No. 865-14), p. 1

 CA rollo April 15, 2017(G.R. CR No. 38620) , p. 1

 CA rollo April 03, 2017 (G.R. CR No. 38620), p. 1
 2019 Revised Implementing Rules and Regulations of R.A. No. 10592, p. 4
 Id. at p.5

 Revised Rules and Regulations of the Board of Pardons and Parole,

https://www.chanrobles.com/REVISED%20RULES%20AND
%20REGULATIONS%20OF%20THE%20BOARD%20OF%20PARDONS
%20AND%20PAROLE.pdf , p.8
 Court Orders Pemberton’s Early Release On “Good Conduct” ,
https://cnnphilippines.com/news/2020/9/2/Pemberton-release-order-Laude-
killing.html
 Pemberton lawyer: Denying him GCTA would mean PH is a ‘Primitive Country’
, https://newsinfo.inquirer.net/1332963/pemberton-lawyer-not-granting-him-
gcta-would-mean-ph-is-a-primitive-country
 Luis B. Reyes, The Revised Penal Code, Book No. 1 p.6 , (2017)

 Be Fair: Duterte Grants Absolute Pardon to US Serviceman Convicted of Killing

Transgender Jennifer Laude
 Id.
 Id.
 Ricardo M. Pilares III, Statutory Construction: Concepts and Cases, 2019