B737 ENCOUNTERS LEARJET ON CLBOUT WHEN FOLLOWING PUB DEP PROC.

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DEPARTED CABO SAN LUCAS AS FLT SJD-PHX. WE DEPARTED USING THE PUBLISHED DEP PROC AS LISTED ON THE CHART FROM RWY 34; ON THE INBOUND PORTION OF THE TEARDROP PROC WE ENCOUNTERED A LEARJET CLBING OUT FROM SJD AT APPROX 2-3 MI FROM SJD VOR AND MADE A SLIGHT TURN TO ENSURE ADEQUATE SEPARATION (HORIZ DISTANCE WAS APPROX 2 MI). THE LEARJET PLT COMPLAINED TO THE CTL TWR IN SPANISH AND THE CTLR ASKED US WHAT WE WERE DOING. WE ADVISED HIM THAT WE WERE DOING THE PUBLISHED DEP PROC. HE ADVISED US THAT WE SHOULD HAVE TOLD HIM WHAT WE WERE GOING TO DO. THE CLRNC WAS CLB ON COURSE THEN THE REMAINDER OF THE IFR CLRNC. IN ORDER TO MEET THE MCA'S AND MEA'S; OUR ONLY COURSE OF ACTION WAS TO FLY THE PUBLISHED DEP PROC. IN ADDITION; OUR FLT OPS MANUAL MANDATES IFR DEPS ONLY. THE MEXICAN CTLR ADVISED US HE WAS GOING TO FILE A COMPLAINT. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: RPTR STATES HIS COMPANY REQUIRES THE FLC TO USE A DEP PROC IF ONE IS PUBLISHED. THAT IS WHAT HE DID. HE FEELS STRONGLY THAT HE COULD NOT HAVE CLRED TERRAIN HAD HE NOT FOLLOWED THE PROC. CTLR MIGHT HAVE CLARIFIED THE DEP CLRNC AND AVOIDED THE SIT. WHEN A LANGUAGE DIFFERENCE EXISTS; IT IS HARD TO KNOW OF POS OF OTHER ACFT.