1-BAP Party-list Rep. Silvestre Bello III on Wednesday said
US Marine Lance Cpl. Joseph Scott Pemberton can still post bail and be freed to
go anywhere he can be protected, including the US Embassy or any American ship
docked in Philippine waters.
The former justice opined that Pemberton, having been
convicted of homicide by a lower court can be granted bail because the crime he
now faces has been downgraded from murder.
Bayan Muna Rep. Carlos Zarate, also a lawyer, confirmed that
Pemberton may, indeed, be granted bail as a result of the decision.
Convicted of killing transgender Jeffrey Laude, alias
Jennifer, in Olongapo
City
“You know, his conviction is homicide which is a bailable
offense,” Bello
He pointed out that because Pemberton will contest the
decision before a higher court, presumably the Court of Appeals, he now faces
the offense which under Philippine laws is bailable.
“Now, his conviction for the record, is not yet final In
other words, he still enjoys the constitutional presumption of innocence,” Bello
The former justice secretary, who also used to be the chief
legal counsel under former President Gloria Macapagal-Arroyo, added that the
convicted US military man can go anywhere within the country but must be
present when the court summons him.
“He can go anywhere, provided that he is with leave of
court. But if he wants to go abroad and somebody will object, the court may
issue a hold departure order,” Bello answered when asked if Pemberton can stay
in the US Embassy or an American ship docked in Philippine waters.
http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=833730
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