The court orders the early release of a U.S. Marine.

MANILA – An Olongapo court ordered the early release of a US Marine convicted of killing a Filipino transgender woman in 2014, alleging good conduct.

Olongapo City Regional Court of First Instance Section 74 granted the request for the release of US Marine Corps corporal Joseph Pemberton on Tuesday after discovering that he has served beyond his 10-year prison sentence under the rule. Good Behavior Time Allowance (GCTA).

ONLY IN: An Olongapo court ordered the release of U.S. Marine Joseph Scott Pemberton, convicted of killing a transgender woman Jennifer Laude, after discovering that he has served more than 10 years in prison on a good conduct allowance. | via @mikenavallo pic.twitter.com/Gb1wrOpsnS

– ABS-CBN News (@ABSCBNNews) September 2, 2020

In an order dated Sept. 1 and published Wednesday, Judge Roline Ginez-Jabale ordered the Corrections Office to release Pemberton from prison unless he is being held for some other legal reason.

Pemberton has been held in a facility at Camp Aguinaldo, rather than a normal prison, under the provisions of the Visiting Forces Agreement between the Philippines and the United States.

As calculated by the Olongapo court, Pemberton has served 2,142 days in detention plus 1,548 days of GCTA grant or a total of 3,690 days or just a few days over 10 years, beyond the maximum penalty for murder.

The GCTA law drastically reduces prison time for convicts who show good behavior on periodic evaluations. Last year, it generated controversy as even those convicted of heinous crimes, who are disqualified by law, were granted early release.

Pemberton was sentenced to 6 to 10 years in prison for murder for the October 11, 2014 murder of Filipino transgender Jennifer Laude at a motel in the city of Olongapo.

Laude’s body was discovered inside the bathroom of the Hotel Celzone in Barangay West Tapinac, city of Olongapo. Hotel staff found Laude’s body wrapped in a sheet, his head buried in the toilet bowl.

During the trial, the American soldier admitted that he beat and strangled Laude after discovering that the latter had male genitalia after an intimate act. A forensic pathologist testified that Laude died of asphyxiation.

Pemberton was convicted of Laude’s murder in 2015 and, in addition to prison time, was ordered to pay her heirs more than P4 million in damages. The Court of Appeals upheld the verdict in 2017.

Attorney for the Laude family filed a motion for reconsideration, arguing that there was no evidence of Pemberton’s behavior, conduct, and participation in rehabilitation activities certified by the time allocation supervisor.

They also questioned the absence of evidence of a recommendation from the Management, Selection and Evaluation Committee of the Office of Corrections.

In a statement, presidential spokesman Harry Roque, who served as a private prosecutor for the Laude family, denounced the court order.

“As a former private prosecutor for the Laude family, I deplore the short term of imprisonment imposed on Pemberton that killed a Filipino in the most gruesome way. Laude’s death epitomizes the death of Philippine sovereignty,” Roque said.

– with reports from Mike Navallo, ABS-CBN News