SC junks Laude family's bid to have Pemberton transferred to regular jail

From GMA News (Nov 24): SC junks Laude family's bid to have Pemberton transferred to regular jail

The Supreme Court (SC) on Tuesday dismissed the petition filed by the family of slain transgender Jennifer Laude seeking the transfer of Marine Lance Corporal Joseph Scott Pemberton to a regular jail.

SC spokesman Theodore Te said that court junked the petition because it was filed "without the conformity of the public prosecutor."

Te added that the court cited that any criminal case filed in the name of "People of the Philippines" should be represented by a government prosecutor.

The court said: "Petitiners have not shown any reason for exception treatment."

Meanwhile, Te announced that the high court also dismissed the Laude family's petition to declare the Philippines-US Visiting Forces Agreement unconstitutional.

"Petitioners' challenge to the constitutionality of the Visitin Forces Agreement is a collateral challenge which is not the lis mota (the cause of the suit) in this case," the SC said.

Laude's sisters, Marilou and Mesehilda, asked the SC to reverse and set aside the Olongapo Regional Trial Court Branch 74's order rejecting their plea for Pemberton's transfer to the Olongapo City Jail while the murder case is still being heard by the trial court.

The Laude sisters said Branch 74's judge, Roline Jinez-Jabalde, committed grave abuse of discretion in denying their motion based on technicality.

The motion of the Laude family was dismissed by the local court for the petitioners' violation of the three-day notice rule.

The rule, under Section 4, Rule 15 and Sectioon 5, Rule 10 of the Rules of Court, requires a party to furnish the adverse party copy of every written motion at least three days before the date of hearing.

The SC upheld the lower court's ruling, saying that the failure of the Laude family's camp to comply with the three-day rule was not justified.

http://www.gmanetwork.com/news/story/545640/news/nation/sc-junks-laude-family-s-bid-to-have-pemberton-transferred-to-regular-jail