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Monday, September 7, 2020

Sumobra si judge! Transwoman’s family decries overreach in Pemberton’s early release order

Lawyer Virginia Suarez, the legal counsel of the family of slain transgender Jennifer Laude, on Monday (Sept. 7) said Judge Roline Ginez-Jabalde has no authority to recognize that convicted United States Marine Joseph Scott Pemberton earned good conduct time allowance (GCTA) and order his early release.

“GCTA matter is an executive function, not judicial,” Suarez said in a statement.

“The judge overreached her power when she issued an Order beyond her jurisdiction,” the lawyer pointed out.

Assuming she has jurisdiction, Suarez said the judge “still exceeded her power because the GCTA implementation remains suspended.”

“GCTA implementation has been suspended since August 2019,” Suarez said.

“And even assuming it is not suspended— no evidence of good conduct was ever presented. No material basis for the Order,” she added.

The lawyer believes the Department of Justice (DOJ) and Bureau of Corrections (BuCor) should have been “enraged for they were divested a power that exclusively belongs to them.”

“They should file their respective Motions for Reconsideration,” she said.

“The SolGen (Solicitor General Jose Calida) should likewise file the same or a Petition to Annul the said order,” she added.

The post Sumobra si judge! Transwoman’s family decries overreach in Pemberton’s early release order first appeared on Latest Philippine politics news today.



Source: Latest Politics News Today (Politics.com.ph)

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