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[THREAD] This is how Pemberton's GCTA application went, a process President Duterte said was done "unfairly." After withdrawing their Supreme Court appeal, Pemberton's camp went to the court on June 5 to seek to compel BuCor to compute his GCTA and release him. @rapplerdotcom
Upon the court's order, BuCor submitted a computation that would have Pemberton serve 10 more months in jail. On August 4, Pemberton filed an appeal contesting BuCor saying that the soldier's pre-conviction jailtime was not credited, and that June-July 2020 were not credited.
On August 10, 2020, BuCor told the court that it could only make a presumptive computation because while there is still no GCTA manual from DOJ and DILG, "issuance of GCTA will remain to be presumptive entitlement in character."
RELATED STORY: https://rappler.com/nation/release-of-more-filipino-convicts-gcta-put-on-hold
RELATED STORY: https://rappler.com/nation/release-of-more-filipino-convicts-gcta-put-on-hold
On August 13, Pemberton submitted 2 certifications: One from AFP certifying that Pemberton is in Camp Aguinaldo, and one from the US Marine Corps "issued jointly by his guards including a BuCor rep" that the soldier "has met all requirements for good conduct."
This is when the OSG came in. On August 17, 2020, the OSG intervened via a comment and said Pemberton's US Marine Corps certification "lacks factual and legal basis" because the GCTA law explicitly says it's the jail director who should grant GCTA.
Court eventually gave Pemberton full GCTA credits, siding with his camp's computation rather than BuCor's. DOJ was going to file a motion for reconsideration. But all of these have been mooted with the single snap decision of the President. https://rappler.com/nation/duterte-undermines-state-lawyers-pardon-pemberton
