Pemberton can appeal BI 'blacklist,' but its lifting rarely happens —DOJ

Convicted and pardoned US Marine Joseph Scott Pemberton can apply for the lifting of his inclusion in the Bureau of Immigration’s (BI) “blacklist,” but the likelihood of a denial is high, the Department of Justice said Saturday.

On Friday, Pemberton’s custody was transferred to the BI from the Bureau of Corrections, although he remained at his detention facility inside Camp Aguinaldo. 

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

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

BI deputy spokesman Melvin Mabulac has said Pemberton will also be included in the bureau's blacklist, prohibiting him from re-entering the Philippines.

In an interview on Dobol B sa News TV, Justice Undersecretary Markk Perete said Pemberton can appeal for the lifting of him being barred from re-entering the country.

“There are procedures halimbawa ‘yung gustong bumalik, in some instances, naga-apply ng lifting ng blacklist but that doesn’t have [guarantee],” Perete said.

The Justice official said lifting of blacklist depends on a foreigner’s “undesirability” or the crime committed.

“Normally, mahirap ang pagpapalit ng blacklist,” Perete said.

“Usually, depende sa crime na na-commit, dine-deny [ng BI] ang apela na i-lift ang blacklist,” he said.

While the DOJ has the final say whether it will grant an appeal to remove the blacklisting, the official said that, most often, the department upholds the denial of the Immigration.

“'Yung assumption na to allow someone to come in the country is the prerogative of the government. As long as may record, mahihirapan na i-lift ang blacklist,” Perete said.

In a text message to reporters, the Justice official said under the rules, a person blacklisted on the basis of moral turpitude may apply to lift the order of blacklisting 10 years after its implementation.

“His order for deportation is based on a finding of undesirability on account of the commission of a crime involving moral turpitude (homicide),” Perete said.

In 2015, Pemberton was convicted of homicide for killing Filipino transgender woman Jennifer Laude in October 2014. 

Pemberton was sentenced to 6-12 years imprisonment and ordered to pay the Laude family at least P4.5 million for various damages.

Five years into serving his sentence, he was granted absolute pardon by President Rodrigo Duterte. 

Duterte said Pemberton was treated unfairly when his behavior while detained and in prison was not duly monitored by Philippine authorities for good conduct time credits.

The Olongapo Regional Trial Court last week determined that Pemberton had gained enough GCTA credits for him to be released forthwith. This was contested by lawyers for the Laude family.

“Hindi na babalikan ang isyu ng GCTA ni Pemberton dahil sa binigyan na siya ng absolute pardon ni Pangulong Duterte,” Perete said. —LBG/KG, GMA News