DEPARTMENT OF JUSTICE BUREAU OF IMMIGRATION MAGALLANES DRIVE, INTRAMUROS 1002 MANILA Deportation case against: D.C.No. SBM-14-10/26-784. Act 2711, Sec. 69 PEMBERTON JOSEPH SCOTT 00 No. Sbm/ BOC-IC- 545 Male WLO No. SBM/BOC-14-779 USA LWOL No. SBM/BOC-1¢- 8 (Ward-AFP) Respondent. x RESOLUTION This resolves the deportation case of JOSEPH SCOTT PEMBERTON (PEMBERTON), American national, for undesirability under Act 2711, Section 69, committed as follows: “Sometime in October 2014, during a Senate Hearing, Mark Clarence “Barbie” Gelviro pointed to PEMBERTON JOSEPH SCOTT, American, as the person who most likely killed (asphyxiation by drowning) Jeffrey “Jennifer” Laude on 11 October 2014 at Celzone Lodge, Olongapo City. Pemberton’s presence in the Philippines poses a risk to public interest.* STATEMENT OF FACTS/CASE On 11 October 2014, a Filipino, Jeffrey “Jennifer” Laude (Laude) was killed at Calzone Lodge, Olongapo City. During a Senate Hearing, Mark Clarence “Barbie” Gelviro (Gelviro) pointed to PEMBERTON as the person who most likely killed (asphyxiation by drowning) Laude. Gelviro narrated that: (1) On 11 October 2014, he and Laude met Pemberton at the Ambyanz Bar; (2) Pemberton thought they were real women; (3) at around 10:00 pm, Laude and Pemberton left the bar; (4) He accompanied Laude and Pemberton to Celzone Lodge; (5) He stayed with them for around ten minutes in the rented room; (6) Pemberton told him to leave; (7) when he left the room, he met an acquaintance and they stayed in another room; (8) thirty (30) minutes later, the cashier of the motel informed him that Laude was found unconscious; and (9) Pemberton was the last person seen with Laude before he was found dead in the toilet of the hotel room. On 26 October 2014, the LD charged Respondent under Act 2711, Sec.69 for posing a risk to public interest (undesirability) and included his name in the Bureau’s Watchlist. On 28 October 2014, the LD forwarded the charge sheet and the entire case folder of Respondent to the Board of Special Inquiry (BSI). On 29 October 2014, the BSI directed both the Special Prosecutor and respondent to file their written memorandum which shall raise their respective claims and defenses and to attach documentary evidence for a fair and speedy resolution of the case. Charge Sheet dated 26 October 2014 issued by SP Homer R. ArellanoPage 2 of 2 e ® D.C. No. SBM/LID-14-10/26-784 On 24 November 2014, Pemberton, through counsel, filed a Memorandum (with an Ad Cautelam Urgent Motion for Self-Deportation), praying that the Honorable Board of Commissioners refuse to make a ruling as to Pemberton’s undesirability and defer to the jurisdiction of the Office of the City Prosecutor of Olongapo and grant his offer of self deportation. In his memorandum, respondent states in essence th: (i) The burden of proving the assertion that Pemberton caused the death of Laude lies on the complainant (or whoever made the assertion). To require respondent to explain why he should not be declared undesirable, while the case is pending preliminary investigation by the Office of the City Prosecutor of Olongapo, would violate his right to be presumed innocent; (ii) The subject matter of the inquiry before the Board is intricately related to the PI conducted by the Office of the City Prosecutor, Olongapo City. To allow the deportation proceeding to continue pending determination of probable cause will prejudge the outcome of the preliminary investigation, impose upon Pemberton the burden of defending himself in two fora, expose the proceedings to possible conflicting findings and require him to prove his innocence before the Board even prior to a finding of probable cause against him. (iii) There is no evidence to support the charge of undesirability against Pemberton; iv) In order to abbreviate proceedings, he offers self-deportation but without admitting that he is an undesirable alien. On 24 March 2015, the Special Prosecutor filed his memorandum arguing that there is substantial evidence that Pemberton murdered Laude on 11 October 2014 at Celzone Lodge, Olongapo City based on the following: (1) Gelviro’s statement before the Senate hearing is credible, clear and consistent as she directly and categorically narrated how, when and where Respondent murdered Laude; (i) He narrated that he left Laude with Pemberton; Gi) That after 30 minutes, Laude was found dead in the room's toilet; (iii) Pemberton was the last person seen with Laude while he was still alive (2) Elias Galamos, the cashier of the lodge, corroborated Gelviro’s statement. He allegedly saw Pemberton walk out of the room and leave the lodge less than an hour after they checked in; ()_ Pemberton left the door open which prompted to check if there was somebody inside;Page 3 of 2 Deportation Case against Pemberton Joseph Scott, D.C. No. SBM/LID-14-10/26-784 e (ii) He closed the door when he noticed that the room was still oceupied; but (iii) When he returned after 30 minutes to check on the remaining guest, nobody answered him; (iv) When he opened the room, he discovered Laude’s motionless body slumped at the toilet bowl; (v) He then informed Gelviro about laude. ISSUE/S Whether or not Pemberton poses a risk to public interest for being an undesirable alien and should be deported under Act. No. 2711, Sec. 69? DISCUSSION/RULING ‘We rule in the affirmative. At the outset, it must be noted that Pemberton has already been charged by the Office of the City Prosecutor of Olongapo City for the crime of Murder and is now pending trial with the Regional Trial Court Branch 74, Olongapo City. As regards the procedural and evidentiary issues raised by respondent in his Memorandum dated 24 November 2014, suffice it to state that SBM-2014-048 “Acts or Omissions that Constitute Undesirability of Foreign Nationals, Section 1 thereof states: Section 1. Acts or Omissions Constituting Criminal Offense — the commission of any act or omission constituting criminal offense punishable by imprisonment of one (1) year or more shall deem a foreign national as undesirable. Commission of acts or omissions _ constituting criminaloffense punishable by imprisonment of less than one () year shall not deem a foreign national as undesirable UNLESS his said acts or omissions are: (1) against a group or community; or (2) constitute moral turpitude. The above operations order creates a presumption that a foreign national is undesirable if he commits an act constituting a criminal offense punishable by imprisonment of one (1) year or more. In this case, respondent was charged before the Regional Trial Court, Branch 74, Olongapo City for the crime of Murder. Obviously, such serious criminal offense carries a penalty of more than one (1) year. Thus, the case of Pemberton falls within the ambit of the said Operations Order. He is therefore presumed to be undesirable. Moreover, a deportation proceeding being administrative in character and summary in nature need not be conducted in accordance with ordinary court proceedings and the burden of proof required in establishing that the alien poses a riskPage 4 of 2 Deportation Case against: Pemberton Joseph Scott, D.C. No. SBM/LID-14-10/26-784 to national security, public safety, public health, public morals or the national interest is only substantial evidence. Substantial evidence is relevant evidence as a reasonable mind might accept as adequate to support the conclusion, even if other minds equally reasonable might conceivably opine otherwise. (Coastal Safeway Marine Services Inc. vs. Esguerra, G.R. No. 185352, 10 August 2011). A serious charge such as that of undesirability warrants a predisposition to violence as to amount to a serious risk to public interest or “affect or injure the security, welfare or interest of the state”.(Go Tek vs. Deportation Board, G.R. No. L-23856 (09 September 1977). Or where an alien’s continued presence in the Philippines would not make for the safety, welfare, happiness, or good order of Philippine society. There is no question that an alien charged for murder poses a risk to public safety and order and should be deported without delay for being a menace to society. In deportation cases, even an iota of evidence showing that an alien is unfit to remain in the country is sufficient. Considering all the attendant circumstances: (1) Gelviro's statement before the Senate hearing is credible, clear and consistent as he directly and categorically narrated how, when and where Respondent murdered Laude; (2) Elias Galamos, the cashier of the lodge, corroborated Gelviro’s statement. He allegedly saw Pemberton walk out of the room and leave the lodge less than an hour after they checked in; (3) the finding of probable cause by the Office of the City Prosecutor of Olongapo City; (4) The finding of probable cause and issuance of a warrant of arrest by the Regional Trial Court, Branch 74, Olongapo City -- is to our mind more than an iota of proof of his undesirability. WHEREFORE, We find respondent JOSEPH SCOTT PEMBERTON, American national, to be an undesirable alien and order his DEPORTATION, subject to the issuance of a clearance from the Regional Trial Court, Branch 74, Olongapo City and other appropriate government agencies. Likewise, Respondent's offer of self-deportation is denied for lack of merit. We also order the inclusion of his name in the Bureau's Black list barring him from re-entering the country. For purposes of implementing this Resolution, W.L.O. No. SBM/BOC-14-799 dated 26 October 2014 is hereby ordered lifted. Furnish copies of this Resolution to: 1. The Chief, BSI; 2. The Special Prosecutor of the LID; 3. Respondent Joseph Scott Pemberton, through counsel, Atty. Rowena Garcia-Flores at 9K The Fort Residences, 30! Corner 2™ Avenue, Burgos Circle, Bonifacio Global City, Taguig, Metro Manila; 4. OIC Executive Director; 5. Acting Chief, Immigration Regulation Division; 6. Acting Chief, Intelligence Division; 7. 8. 9. Acting Chief, Port Operations Division; . Acting Chief, Management Information Systems Division; . The U.S, Embassy in Manila; 10. Office of the Secretary, Department of Justice.Page 5 of 2 e ® Deportation Case against: Pemberton Joseph Scott, D.C. No. SBM/LID-14-10/26-784 SO ORDERED. 16 SEP 206 Recommending approval: OnUAastille MA. CARMEN C. DEL CASTILLO Attorney IV, BSI Date signed_24 J ty 201s SIEGFRED 8. MISON Chairpefson Gane GILBERT U. REPIZO ABDU) zt GOT: ‘Member mb ags.pemberton.27.7.15,