MANILA, Philippines - Amid fears that Marine Private First Class Joseph Scott Pemberton would be sent back to the US while still on trial for murder, the Bureau of Immigration (BI) has issued a circular showing it is bound to wait for the court to make a decision before he can be deported.
In a memorandum circular published Saturday, the agency printed its Omnibus Rules of Procedure of 2015 that included regulations on deportation, stating “No foreigner shall be deported unless the order of deportation has become final and executory” and all the requirements have been complied with.
The memo also requires an order or judgment of deportation from the BI board of commissioners and the payment of immigration fees, administrative fines, penalties, and other legal fees as required in the order/judgment, aside from the need to get clearances from the National Bureau of Investigation and the courts or prosecution office.
Pemberton, or any foreigner who needs to be deported, should also present an original valid passport or travel document, valid air ticket to the country of destination, and a certification from the Legal Division chief that states all the conditions of the order/judgment have been complied with.
Militant groups rallied outside the BI main office on Oct. 21 to protest the deportation order issued against Pemberton, who is still on trial for the killing of transgender Jeffrey “Jennifer” Laude last year.
The case is being heard by the Olongapo Regional Trial Court Branch 74, which is expected to promulgate a decision on Dec. 14. But the BI issued a deportation order against Pemberton last Sept. 16.
In issuing the 2015 circular, the BI said the measure would consolidate all the existing guidelines on deportation and lay down the rules on cancellation of visas and related proceedings. It also aims to remove overlaps in the procedure.
Also reconciled in the circular are the regulations on preliminary investigation, contents of a charge sheet, contents and validity of a mission order, duties of a special prosecutor, proceedings before the Board of Special Inquiry (BSI), execution of deportation orders and the cancellation of visa.
It also reconciled the rules on bail, voluntary deportation and summary deportation; issuance of hold departure orders, watch-list and Immigration lookout bulletins and inclusion in the blacklist; and the inclusion or lifting of name from the BI derogatory list.