A laudable act for DoJ

THE news that a Chinese businessman thanked the Department of Justice (DoJ) for acting on his complaint of kidnapping with ransom — but downgrading it to grave coercion — demonstrates the side of the Chinese character of recognizing a good deed especially when done within the parameters of the law and the interest of justice.

If this should be a cause for reflection among our officials over the heightening tension between China and the Philippines over the South China Sea issue, we just leave it to their sound discretion. For the moment, let us focus our attention on the above complaint, as it also illuminates the darker side of doing business within the Chinese community.

From what we gathered, last Feb. 27, 2024, the DoJ issued a resolution on the complaint of kidnapping for ransom and serious illegal detention filed by Chinese businessman Lin Xiaoqing, the owner of an online gaming company, Big Emperor Technology. The subject of the complaint is his former business partner, Richard Lim, a ChineseFilipino owner of another POGO company, Xionwei Technology, as well as other local businesses.

And going over the resolution, we can see why Lin, also known as ‘Eric Lim,’ praised the DoJ, considering the resolution came out some seven months after he filed his complaint last July 27, 2023.

Given the rumored “influence” of Richard Lim in our government, in all three branches by the way — executive, legislative, judiciary — this made Lin despondent and hesitant to file a complaint. But on the prodding of some friends and associates, Lin took courage partly because of the belief that doing so would also entice other “victims” to follow suit and expose their fellow Chinese preying on their own.

This courage took about one year to take shape when Lin said he was vacationing at a beach resort in Batangas last Aug. 19, 2022, and ended up being ‘abducted’ by armed men. The copy of his complaint that reached us is one long narration of a harrowing experience of a foreign national in the hands of our law enforcers, the CIDG, with an agenda other than making a legal arrest.

In the main, the resolution appeared to have sided with Richard Lim, when it rejected Lin’s allegation that he was “kidnapped,” that he and his family were threatened with death, and that he was forced to pay a “ransom” of P100 million to Lim, plus the controlling share in his POGO company, Big Emperor Technology in exchange for his release from CIDG custody last Sept. 14, 2022.

However, the DoJ said that while Lim may not be guilty of kidnapping as the predicates laid down by Lin failed to meet the requirements of the law, the accusations cannot simply be dismissed as demanded by Lim’s lawyer since, at the very least, he should be sued for grave coercion.

As part of the DoJ resolution stated: “(Even) if we find that respondent Lim may not be held liable for kidnapping, it is shown from the allegations in the complaint and supporting evidence that respondent Lim should be held liable for another crime.” And that crime, the DoJ said, is grave coercion.

But how did two former business partners end up hurling serious accusations against each other? It all started in the aftermath of the “Pharmally scandal” and the personality behind it, Michael Yang.

It turned out that back in the day, during former president Duterte’s “rapprochement” with China, Lin was among those from the mainland enticed to set up a business in the country. And the “quickest” way to achieve a return on investment was through online gaming or POGO.

Convinced by Yang, Lin put Big Emperor as a “third service provider” to Yang’s own company, Xionwei Technology. And the “good times” never seem to end back then.

However, when the “Pharmally scandal” broke out, with Yang in the eye of the storm, he decided to let go of Xionwei and gave it to one of his partners, Richard Lim.

It was not clear from Lin’s affidavit as to when Yang had turned over control of Xionwei to Lim. What is clear is that Xionwei was on the bad side of the news in 2022.

News reports in September of that year said that the PNP AntiKidnapping Group (AKG chief, Col. Rodolfo Castil Jr., reported to Pagcor chairman Al Tengco that Xionwei was among the three Chinese POGOs under probe for kidnapping, with the victims being also Chinese nationals.

Were the news reports supporting the claim of Lin that he too was a kidnap victim a month before, on Aug. 19, 2022, while vacationing in Batangas, and that his “arrest” by the CIDG over a qualified theft case also a machination of Lim as the basis to frame him? And were some of Lim’s “silent” victims among those who encouraged Lin to stand up?

Since the DoJ said Lin failed to lay the predicates for the kidnapping case to stick and that Lim should instead be probed for grave coercion, our questions may no longer be answered.

Nevertheless, Lin still thanked the DoJ because, as he puts it, the resolution is also a “vindication” of his and his family’s honor.

Indeed, the DoJ’s decision not to throw out his complaint but to proceed with the court trial of Lim substantially proves that most, if not all, that Lin narrated in his affidavit and the evidence he presented are not concocted or mere hearsay but have the ring of truth. We cannot agree more.

Lim is now out on bail of P36,000 that he posted last April 15, and he is expected to be arraigned, with Lin also present, before Branch 115 of the Metropolitan Trial Court of Taguig early next month.

Abangan natin ang susunod na kabanata.