Republic of the Philippines

Department of Justice
NATIONAL PROSECUTION SERVICE
Manila

COMPLAINT-AFFIDAVIT
I, MARILOU S. LAUDE, Filipino, of legal age, and a resident
at 66 Fontaine St., West Bajac-Bajac, Olongapo City, after having
been duly sworn in accordance with law, depose and state that:
1. I am the sister of the slain Filipino transgender Jeffrey
Jennifer Laude;
2. An information for Murder charging US Marine L/Cpl. Joseph
Scott Pemberton for the killing of my sibling was filed before
the Regional Trial Court of Olongapo City;
3. The Honorable Olongapo Regional Trial Court Branch 74
rendered a decision dated November 18, 2015, finding L/Cpl.
Joseph Scott Pemberton guilty of the crime of HOMICIDE in
the case of People vs. Pemberton (docketed as Criminal Case
No. 865-14);
4. I am filing this complaint-affidavit to charge Presidential
Commission on Visiting Forces Agreement (PCVF)
Undersecretary Eduardo Oban Jr. who may be served processes
and other papers from this Honorable Office at the DFA Bldg.,
Roxas Boulevard, Pasay City and such other persons or officers
who may be found liable or responsible therefore with the crime
of OPEN DISOBEDIENCE under Article 231 of the
Revised Penal Code, relative to the execution of the Order of
the Regional Trial Court dated December 1, 2015, committed as
follows:
a. The Court, in its Decision dated November 18, 2015,
ordered that the accused Pemberton be temporarily
committed to the New Bilibid Prison, Bureau of
Corrections, Muntinlupa City. A certified true copy of the
Decision is attached hereto as ANNEX A;
b. However, with the filing of the Urgent Motion for
Clarification by the accuseds counsel in the afternoon of
December 1, 2015 praying for the confinement of the
accused to the Armed Forces of the Philippines Custodial
Center (AFP Custodial Center) at Camp Aguinaldo,
Quezon City, the Court ordered Undersecretary Oban Jr.
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to submit to [said] Court within five (5) days from the

order the Memorandum of Agreement (MOA) entered
into by the [Bureau of Corrections, Department of Justice,
and the Philippine National Police, among others] and the
written Agreement between the duly authorized
representatives of the United States of America and the
Republic of the Philippines on the confinement or
detention of the accused Pemberton after conviction. 1 A
certified true copy of the Decision is attached hereto as
ANNEX B;
c. The Court further ordered that pending submission of
the MOA and the written Agreement between the duly
authorized representatives of the United States of
America and the Republic of the Philippines, accused
L/Cpl. Joseph Scott Pemberton is temporarily confined or
detained to AFP Custodial Center at Camp Aguinaldo,
Quezon City under the supervision of the Bureau of
Corrections. Otherwise, the Commitment Order dated
December 1, 2015 shall be enforced.2
d. Despite said Order, PCVF Undersecretary Oban Jr., in his
capacity as an executive officer, and the eleven unnamed
US Security Personnel guarding Pemberton (John
Does), openly refused to execute the order of the Court
and brought Pemberton not to the AFP Custodial Center
but to the detention facility of the Joint US Military
Assistance Group (JUSMAG), Camp Aguinaldo,
Quezon City as appearing in the news reports, copies of
which are attached hereto as ANNEX C, D and
E;
5. Article 231 of the Revised Penal Code3penalizes the offense of
open disobedience, the elements of which are: (1) the offender
is any judicial or executive officer; (2) there is a judgment,
decision or order of a superior authority made within the
scope of the jurisdiction of the latter and issued with all legal
formalities; and (3) offender openly refuses to execute
said judgment, decision or order.4
1 Order dated December 1, 2015, People of the Philippines vs. L/Cpl Joseph Scott Pemberton,
Crim. Case No. 865-14

2Id.; Underscoring supplied.

3 Article 231, Act No. 3815 An Act Revising the Penal Code and Other Penal Laws, THE
REVISED PENAL CODE

4 Gregorio, A. FUNDAMENTALS OF CRIMINAL LAW REVIEW (10

2008.

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TH

ED.), 719. Rex Bookstore: Manila,

6. There is open disobedience when one performs an act without

reservation5 and the refusal is clear and intentional.6
7. From the foregoing, is it manifest that PCVF Undersecretary
Oban Jr. violated Article 231 of the Revised Penal Code. As the
Executive Director of the Presidential Commission on Visiting
Forces Agreement, Undersecretary Oban was (1) acting in his
capacity as an executive officer, and while acting as such,(2)
openly defied (3) the order of The Honorable Regional Trial
Court, Branch 74 of Olongapo City, which it issued within the
scope of its judicial authority and jurisdiction, when he failed to
commit Pemberton to the AFP Custodial Center and delivered
him instead to the JUSMAG detention facility in Camp
Aguinaldo.
8. To reiterate, the Honorable Regional Trial Court clearly stated
that
Pending submission of the MOA and the written
Agreement
between
the
duly
authorized
representatives of the United States of America and
the Republic of the Philippines, accused L/Cpl.
Joseph Scott Pemberton is temporarily confined or
detained to AFP Custodial Center at Camp
Aguinaldo, Quezon City under the supervision of the
Bureau
of
Corrections.
Otherwise,
the
Commitment Order dated December 1, 2015
shall be enforced.7 [Emphasis ours.]
9. There was no instruction to bring the convicted US Marine to
any other detention cell aside from the AFP Custodial
Center in Camp Aguinaldo, much more to the Joint US Military
Assistance Group (JUSMAG) detention facility.
10.There was also no showing that Undersecretary Oban, in
making an executive decision to commit Pemberton to the
JUSMAG facility, sought clarification or any other recourse
from the Honorable Regional Trial Court should the AFP
Custodial Center be otherwise unavailable for Pembertons
detention per the Courts Decision dated December 1, 2015, and
pre-empted the said Court from ruling on the matter.

5Id.
6Id.
7Supra note 2.
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IN WITNESS WHEREOF, I have hereunto set my hand this

____ day of December 2015, in _____________.

MARILOU S. LAUDE
Complainant/Affiant

SUBSCRIBED AND SWORN TO before me this _____day of

December 2015 at __________________, who exhibited to me
her
___________,
issued
on
_____________
at
__________________.

NOTARY PUBLIC
Doc No.
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