The Department of Justice on Thursday gave assurance that US Marine Private First Class Joseph Scott Pemberton won’t be deported unless he is acquitted of the criminal charges for the murder of transgender Jeffrey “Jennifer” Laude.
Justice Secretary Alfredo Benjamin Caguioa stressed that the deportation order of the Bureau of Immigration cannot be immediately executed because of the pending criminal case against the American serviceman.
“The murder case filed against him [Pemberton] for the alleged murder of Laude is still pending trial before an Olongapo City regional trial court. Hence, Pemberton is under the jurisdiction of the trial court and the deportation order issued by the BID cannot be implemented during the pendency of the trial on the case,” Caguioa said, in a statement.
According to the DOJ chief, while the BID has found Pemberton to be an undesirable alien, a foreigner cannot be deported until cases against him pending in Philippine courts have been decided.
“And in the event that the foreigner is found guilty of the charges, he has to serve his sentence first before he can be deported,” Caguioa explained.
Caguioa made the statement after several groups protested the BID deportation order amid suspicion that it was issued in time for the arrival of US President Barack Obama in the country next month for the Asia-Pacific Economic Cooperation summit.
The Justice decretary exercises administrative supervision over the BID.
In ordering Pemberton’s deportation, BID cited as basis the finding of probable cause to charge Pemberton with murder and the subsequent issuance of a warrant of arrest against the serviceman by Olongapo City RTC, Branch 74.
The murder case is set for promulgation next month.