MANILA, Philippines — The Bureau of Corrections on Thursday morning said it has started processing the release of US Marine Joseph Scott Pemberton after it received a copy of the absolute pardon granted to the American convict.
“BuCor has received from the [Department of Justice] a copy of the Absolute Pardon granted to [Pemberton] and has now started processing his release,” bureau spokesperson Gabriel Chaclag said.
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“BuCor is now in coordination with relevant agencies that are involved in the process,” Chaclag added.
Justice Secretary Menardo Guevarra previously said that the grant or pardon is enough to “trigger the issuance of a release order from the BuCor.”
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DOJ Undersecretary Markk Perete said normal processing of an inmate’s release takes one to two days, but he said he cannot be sure on the bureau’s level of preparedness on Pemberton’s case.
While convicts are sent to the national penitentiary to serve their sentences, Pemberton served his at Camp Aguinaldo, under the Visiting Forces Agreement.
Deportation next
After Pemberton’s release from BuCor, he would be transferred to the Bureau of Immigration for deportation.
While the president granted pardon to American convict, he would still have to undergo deportation proceedings as the case against him as it had long become final. Information from the immigration bureau said the order was issued against Pemberton on Sept. 16, 2015, “for being an undesirable alien.”
Lawyer Arvin Santos, BI legal division chief, said foreign nationals up for deportation are required to secure clearances from the National Bureau of Investigation and regional trial court as proof that there are no more pending criminal and civil cases against them.
President Rodrigo Duterte granted Pemberton pardon on Monday, effectively rendering moot the court proceedings opposing the American convict’s release order through the Good Conduct and Time Allowance law.
With the grant of pardon, “there is no more legal impediment or obstacle to Pemberton’s departure from the Philippines,” BI said.