US Marine Lance Corporal Joseph Scott Pemberton/ Photo from the Bureau of Corrections
MANILA, Philippines — The Bureau of Corrections (BuCor) has started processing the release of US Marine Lance Corporal Joseph Scott Pemberton who was recently granted absolute pardon by President Rodrigo Duterte.
“BuCor has received from the DOJ a copy of the Absolute Pardon granted to PDL [person deprived of liberty] Pemberton and has now started processing his release,” BuCor Spokesman Gabriel Chaclag said.
BuCor has already issued a release order for Pemberton.
“The Document Section certifies that verification of the authenticity of the copy of the Absolute Pardon was made from the Office of the President and the same were found to be in order,” read the memorandum signed by BuCor Chief Gerald Bantag.
“The carpeta and prison record of L/CPL Joseph Scott Pemberton has been evaluated and as per records, subject PDL Pemberton has neither pending appeal nor pending case. Accordingly, subject PDL having no other legal cause to be detained shall be released immediately from confinement and shall be turned over to Bureau of Immigration,” the memorandum further stated.
The Bureau of Immigration will in turn implement the summary deportation order.
“The BI is duty-bound and mandated to implement a summary deportation order that the Board of Commissioners issued against Mr.Pemberton on September 16, 2015, for being an undesirable alien,” BI Chief Jaime Morente said.
He explained that his request that Pemberton be turned over to the BI was only meant to enable the immigration to complete the deportation proceedings initiated against the American serviceman in 2015.
Morente said it has always been a standard operating procedure for the BuCor to turn over to them the foreign nationals who have completed serving their prison sentences in the country so they could be deported.
“At any rate, we are awaiting instructions from our Justice Secretary for guidance on how we will implement the deportation order in a manner that is within the prescribed laws of the country,” Morente said.
BI Legal Division Chief Arvin Santos said foreigners who are up for deportation are required to submit clearances from the National Bureau of Investigation and the regional trial court to prove that they have no more pending criminal or civil cases in the country.
Santos said once these requirements are submitted, the BI will arrange and schedule the deportee’s flight and he or she is usually escorted by BI intelligence agents and civil security personnel who would turn him or her over to the airline concerned before boarding the aircraft.
Pemberton’s lawyer Atty. Rowena Flores said there is still no definite date on when Pemberton can leave the country.
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