SANDIGAN JUNKS RAPS VS EX-IMMIGRATION EXECS WHO DEPORTED CONVICTED ALIEN
The Sandiganbayan has dismissed the graft case against three former Bureau of Immigration (BI) commissioners who deported a convicted American bombmaker in 2005 and allegedly helped him avoid serving his sentence.
In a 17-page resolution, the court’s First Division cited the “inordinate delay” in the Ombudsman’s investigation of the case against then BI officials acting Commissioner Teodoro Delarmente and Associate Commissioners Jose Cabochan and Roy Almoro.
Also cleared of graft charges were BI executive assistant and chief of staff Alejandro Fernandez, legal aide Richard Perez, civil security unit acting chief Wendy Rosario, detention center acting warden Noel Espinoza and security escort Marcelino Agana.
The court said the Ombudsman’s Field Investigation Office (FIO) had already prepared a formal complaint dated Dec. 19, 2011, although it was docketed only on Aug. 30, 2013 to formally start the preliminary investigation stage.
This meant the fact-finding probe took at least one year and eight months before the FIO submitted the complaint to the Preliminary Investigation and Administrative Adjudicative Bureau which was also under the Office of the Ombudsman. The graft court said this was “unexplained.”
Accused’s rights violated
It also stressed that, contrary to the Ombudsman’s stance, the fact-finding period should be included in determining if the accused’s right to the speedy disposition of his case was violated.
At the preliminary investigation stage, the court credited the investigating prosecutor for resolving the case promptly on March 31, 2015, a little over three months after the last of the affidavits were submitted. Ombudsman Conchita Carpio Morales approved the said resolution on July 24, 2015 and denied the appeals on Dec. 4, 2015.
From then, the Ombudsman, however, took quite a while before finally filing the case at the Sandiganbayan on Jan. 23 this year, a year and six months after the indictment was approved.
Thus, the court considered the three-year delay “oppressive and capricious.”
The immigration officials were charged with violating Section 3(e) of the Anti Graft and Corrupt Practices Act for giving unwarranted benefits to American national Vo Van Duc.
Prosecutors said Delarmente, Cabochan, Almoro, Fernandez and Perez approved and issued Summary Deporta- tion Order AFF-05-043 dated May 5, 2005 in favor of Duc.
This allowed Duc, an inmate at the BI detention center, to “leave the Philippines and effectively avoid service of his sentence,” according to the charge sheet.
Duc had been sentenced by the Pasig City Regional Trial Court to imprisonment of four years and two months to a maximum of six years for violating Section 4 of Republic Act No. 8294 which prohibits the illegal manufacture of explosives.
Wrong basis
The deportation order was said to have violated the rules and regulations on summary deportation, with the BI officials citing an old charge sheet as basis instead.
According to the Ombudsman’s resolution, the summary deportation order was issued based on an outdated 4-yearold charge sheet and without the conduct of any semblance of a hearing by the commissioners, which facilitated Duc’s escape from the country.
During the weeks preceding Duc’s deportation, prosecutors said Delarmente, Rosario, Espinoza and Agana even issued medical passes dated April 29, May 4 and May 9, that allowed the foreigner to leave the BI detention cell and stay in an apartelle without justification and authority.
This allegedly allowed Duc to enjoy temporary liberty for three weeks.
The passes were also allegedly issued without a recommendation by the BI physician for outside treatment or hospitalization.
As a result, Delarmente was charged with two counts of graft. Cabochan and Almoro, on the other hand, were each charged with one count of graft along with the five other accused.