MANILA, Philippines - US Marine Private First Class Joseph Scott Pemberton cannot be deported until his trial for the murder of transgender Jeffrey “Jennifer” Laude ends, the Department of Justice (DOJ) said yesterday.
In a statement, Justice Secretary Benjamin Caguioa said the deportation order of the Bureau of Immigration (BI) cannot be immediately executed because of the pending criminal case against the American serviceman.
“The murder case filed against him 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 BI cannot be implemented during the pendency of the trial on the case,” Caguioa explained.
The DOJ chief said that while the BI 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 added.
Pemberton, an active US marine who participated in the RP-US Balikatan military exercises last year, was accused of killing Laude on the night of Oct. 11, 2014 while he was on shore leave.
The two met at the Ambyanz Nightlife Bar along Magsaysay Avenue in Olongapo and later entered the nearby Celzone Lodge where hotel employees later found Laude’s body in a room.
The DOJ issued the statement after several groups protested the BI deportation order amid suspicion that it was issued in time for the arrival of US President Barrack Obama in the country next month for the Asia-Pacific Economic Cooperation summit.
In ordering Pemberton’s deportation, BI officials cited as basis for the deportation order the finding of probable cause to charge Pemberton with murder and the subsequent issuance of a warrant of arrest against the serviceman by Olongapo RTC Branch 74.
The murder case is set for promulgation next month. – With Evelyn Macairan