If found guilty, Pemberton must serve sentence first before deportation—DOJ

NEWLY appointed Justice Secretary Alfredo Benjamin Caguioa assured that the deportation order for a US Marine facing trial for the death of Filipina transgender Jennifer Laude will not be immediately implemented.

Caguioa explained that a foreigner cannot be deported until the cases against him pending in Philippine courts have been decided, and if a foreigner is found guilty of the charges, he has to serve his sentence first before he could be deported.

He said the murder case filed against Lance Corporal Joseph Scott Pemberton for the alleged murder of Laude is still pending before the Olongapo Regional Trial Court.

“Hence, Pemberton is under the jurisdiction of the trial court and the deportation order issued by the BI cannot be implemented during the pendency of the trial on the case,” Caguioa said.

Earlier, the Bureau of Immigration (BI) ordered Pemberton’s deportation for being a risk to public interest and an undesirable alien.

The BI based its resolution on the filing of murder case against Pemberton.

Citing Memorandum dated Nov. 24, 2014, the BI said “a foreign national is undesirable if he commits an act constituting a criminal offense punishable by imprisonment of one year or more.”

“In this case, respondent was charged before the Regional Trial Court, Branch 74, Olongapo City for the crime of murder. Obviously, such serious criminal offense carries a penalty of more than one year. Thus, the case of Pemberton falls within the ambit of the said Operations Order. He is therefore presumed to be undesirable,” the resolution stated.

While Pemberton is still presumed innocent considering that the court has yet to rule on the evidence presented by the both parties to the murder case, the BI said in deportation proceedings,  “even an iota of evidence that an alien is unfit to remain in the country is sufficient.”