Laude family runs to DOJ, SC to question Pemberton detention

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Slain Filipina transgender woman Jennifer Laude's sisters said Lance Corporal Joseph Scott Pemberton is given special treatment and should be confined at the New Bilibid Prison (NBP).

Metro Manila (CNN Philippines)—Slain Filipina transgender woman Jennifer Laude’s family is not ready to give up, filing separate cases before the Department of Justice (DOJ) and the Supreme Court on Wednesday (December 16) to question the detention of convicted Lance Cpl. Joseph Scott Pemberton of the United States Marine Corp.

In their petition, Marilou and Michelle Laude asked the high court to declare as unconstitutional the agreement entered into by the Bureau of Corrections and the General Headquarters and the Headquarters Service Command of the Armed Forces of the Philippines.

According to the Laude sisters, the memorandum of agreement, which allows the detention of Pemberton at the AFP Custodial Center, violates the equal protection clause and encroaches on the power and authority of the judiciary.

Laudes also argued that the agreement creates a special treatment for Pemberton without any legal basis – despite him being a "national prisoner" who should be confined at the New Bilibid Prison (NBP).

The Laude sisters are asking the court to permanently stop the implementation of the agreement – and order the immediate detention of Pemberton at the New Bilibid Prison.

At the DOJ, Marilou filed a criminal complaint against Undersecretary Eduardo Oban Jr. of the Presidential Commission on the Visiting Forces Agreement for "open disobedience" in connection with the execution of the order of the Olongapo Regional Trial Court.

In her complaint, Marilou said Oban "openly refused' to execute the order and brought Pemberton to the detention facility of the Joint U-S Military Assistance Group instead of bringing the US marine to the AFP Custodial Center.