CA junks Pemberton’s appeal to reverse conviction

The Court of Appeals (CA) has declared final its decision that affirmed the 10-year prison term for homicide imposed by the Olongapo City regional trial court (RTC) on United States Marine Lance Cpl. Joseph Scott Pemberton for the death of Filipino transgender Jeffrey “Jennifer” Laude on Oct. 11, 2014.

In a resolution, the CA junked the motion for reconsideration filed by Pemberton and the plea of the Office of the Solicitor General (OSG) that the convicted soldier should not be entitled to full credit of the time he spent in jail under preventive imprisonment.

“With respect to Pemberton’s motion, we maintain our ruling that his invocation of self-defense is an admission of the killing and of its authorship,” the CA said in a resolution written by Associate Justice Marlene Gonzales-Sison.

“Pemberton’s contention that he was only raising complete and incomplete self-defense in the physical injuries he inflicted upon Jerry Serdoncillo y Laude alias ‘Jennifer’ (Laude) is bereft of rhyme or reason as the former was not charged with any physical injuries but with homicide,” the CA said.

In its April 3, 2017 decision, the CA upheld the RTC’s findings that Laude died due to asphyxia by drowning.

“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,” the CA said.

Aside from the prison term, the CA’s April 3 decision also affirmed the trial court’s award of 14.3 million for loss of earning capacity, exemplary damages of 130,000 and the actual damages of 1155,250 for autopsy, wake and burial expenses. It increased the civil indemnity to 1150,000.