Newly-appointed Department of Justice (DOJ) Secretary
Alfredo Benjamin S. Caguioa said on Thursday the Bureau of Immigration's
deportation order against United States Marine Lance Corporal Joseph Scott
Pemberton cannot be implemented while his case is pending trial in a Philippine
court.
In a statement, Caguioa said it is within the BI's
jurisdiction to determine a foreigner's "undesirability" arising from
the person's existing criminal or civil cases.
He added that the BI's declaration that an alien is undesirable
will result to his deportation.
However, the DOJ Secretary stressed that a foreigner cannot
be deported until the 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.
"In the case of United States Marine Lance Corporal
Joseph Scott Pemberton, the murder case filed against him for the alleged
murder of transgender Filipina Jeffrey 'Jennifer' 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 pointed out.
http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=818411
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