Pemberton deportation inches forward; BI takes over custody

Custody of convicted and pardoned US Marine Joseph Scott Pemberton was transferred to the Bureau of Immigration (BI) from the Bureau of Corrections (BuCor) on Friday, although he remained at his detention facility inside Camp Aguinaldo.

The transfer to the immigration team was set at 11 a.m. Friday with the recall of his BuCor guards to the New Bilibid Prison, according to BuCor spokesman Gabriel Chaclag.

Chaclag said Pemberton's transfer was completed at 11:50 a.m.

"As of 1150H today, the custody of Mr Pemberton has been transferred completely to the BI," he said.

"There are no more BuCor officers involved in the custody of Mr. Pemberton." 

The BI earlier said it will complete deportation proceedings against Pemberton after he is released from BuCor custody.

Pemberton was ordered deported for being an "undesirable alien" three months before his conviction in 2015.

In an interview on Dobol B sa News TV, BI deputy spokesman Melvin Mabulac said Pemberton will also be included in the bureau's blacklist, prohibiting him from re-entering the Philippines.

To be deported, Pemberton — convicted of homicide for killing Filipino transgender woman Jennifer Laude in 2014 —  needs a clearance from the National Bureau of Investigation (NBI) proving he has no other pending case in the Philippines.

Pemberton's lawyer, Rowena Flores, said the NBI is expected to take his fingerprints and photo for the clearance within the day.

But aside from NBI clearance, Flores said Pemberton is also waiting for the result of the COVID-19 swab test conducted on him earlier this week by the the Research Institute for Tropical Medicine (RITM).

"Sa pagkakaalam ko po ang RITM ang magti-test po, very busy po sila ngayon so three to seven days pa raw po [bago malabas ang results]," she told Unang Balita earlier in the day, adding they expect the results to be out Friday "at the earliest."

No physical transfer

Flores also confirmed that there would be no physical transfer of Pemberton from BuCor to BI.

"Yung sinasabi na dadalhin, hindi physical yun. Ang ibig lang sabihin ng BuCor, yung mga susunod na proseso, under the Bureau of Immigration na po, hindi na sa kanila (BuCor)," Flores told Dobol B sa News TV in a separate interview.

Justice Secretary Menardo Guevarra said Pemberton will stay at his detention facility until his departure from the country is arranged.  

"Habang ang prosesong 'yun ay tinatapos ay mananatili muna si Mr. Pemberton doon sa kanyang kinalalagyan ngayon sa JUSMAG facility sa loob ng Camp Aguinaldo," Guevarra said in a radio interview.

Justice Undersecretary Markk Perete also confirmed that Pemberton "will remain in detention until his deportation."

Guevarra said he is sure that the NBI will be able to transmit the clearance to the BI on Friday.

"At wala nang ibang hinihintay ang Bureau of Immigration bukod dito sa NBI clearance except 'yung travel documents ni Mr. Pemberton — that means 'yung kanyang passport at 'yung flight details na manggagaling naman sa US Embassy," he said.

"Pag natanggap 'yan ng Bureau of Immigration, tapos na at ready na ipa-deport si Mr. Pemberton," he added.

Flores said a US military plane will take Pemberton either to Hawaii or Guam.

Pemberton, a participant in the joint military training exercises in the Philippines, was convicted of homicide and sentenced to six to 10 years of imprisonment for killing Laude inside an Olongapo City lodge.

President Rodrigo Duterte pardoned Pemberton this week, extinguishing his criminal liability and rendering moot a legal debate on whether the American serviceman was entitled to early release for "good conduct."  —KBK/RSJ, GMA News