THE Court of Appeals (CA) has affirmed the conviction of US Marines Lance Cpl. Joseph Scott Pemberton by the Regional Trial Court in Olongapo City for the killing of transgender Jefferey “Jennifer” Laude in 2014.
In a 48-page decision written by Associate Justice Marlene Gonzales-Sison, the CA’s Special Sixteenth Division did not give credence to Pemberton’s claim of self-defense in killing Laude inside Celzone Lodge in Olongapo City.
Pemberton was sentenced to a maximum of 10 years imprisonment and was ordered to indemnify the heirs of Laude.
Pemberton claimed he was molested by Laude inside the lodge by pretending to be a woman, which prompted him to defend his dignity and self-respect.
He also claimed Laude slapped him when he confronted the former for pretending to be a woman.
The CA noted there was no physical evidence that would suggest that Pemberton was first slapped by Laude, or that he was in grave danger, which prompted him to defend himself.
“Indeed, a plea of self-defense cannot be justifiably appreciated, where it is not only uncorroborated by independent and competent evidence, but also extremely doubtful by itself. Self-defense, like alibi, is a defense which can easily be concocted as it is in this case,” the CA ruled.
Likewise, the Court did not give weight to Pemberton’s plea that his voluntary surrender should have been appreciated in his favor as mitigating circumstance, considering he was detained in Camp Aguinaldo as early as December 2014, or before his warrant of arrest was issued on December 16, 2014, and that there was no intention on his part to commit such a crime.
The appellate court noted the case was filed against Pemberton on December 15, 2014, or four days before Pemberton presented himself to the trial court.
It added physical evidence also contradicts Pemberton’s claim that he had no intention to commit a grave wrong.
“As proven by the prosecution, Pemberton did not leave Laude merely unconscious, but ensured his death by submerging his head inside the toilet bowl. Clearly, Pemberton intended the natural consequence of his wrongful act,” it pointed out.
The CA also upheld the award of loss of earning capacity to the heirs of Laude in the amount of P4.32 million, as well as exemplary damages of P30,000.
It also increased the civil indemnity and moral damages awarded to Laude’s heirs from P50,000 to P75,000 based on recent jurisprudence.
With respect to actual damages, the CA said the heirs of Laude were able to prove through actual receipts the P155,250 worth of damages
representing autopsy, wake and burial expenses.
“Further, it is only apt that all awards for damages shall bear legal interest at the rate of 6 percent per annum from the date of finality of judgment until fully paid,” the CA said.
The CA also agreed with the trial court that Pemberton’s time at the Joint US Military Advisory Group compound in Camp General Emilio Aguinaldo, Quezon City, should be credited in the service of his penalty.
“Consequently, the argument that Pemberton was not under local custody during the trial has no leg to stand on. Further, Pemberton is entitled to be credited with the full time of his preventive imprisonment…,” the CA ruled.
Concurring with the ruling were Associate Justices Ramon Cruz and Henri Jean Paul Inting.
Following the CA’s affirmation of the verdict against Pemberton, some party-list lawmakers on Monday called for his immediate transfer to the national penitentiary.
Party-list Reps. Emmi de Jesus and Arlene Brosas of Gabriela also called for the full implementation of penalties in accordance with Philippine laws and judicial processes.
For his part, Party-list Rep. Harry Roque of Kabayan said the CA affirmation of the guilty verdict of Pemberton is a welcome development.
With Jovee Marie N. dela Cruz