Lam has left Phl – BI
Chinese gaming operator Jack Lam left the country on Nov. 29, four days after 1,316 Chinese were arrested in his Fontana Leisure Park and Casino Hotel in Clark Field, Pampanga, Bureau of Immigration (BI) records show.
The Chinese were arrested in the online casino facilities operating in Fontana without necessary permits from the Philippine Amusement and Gaming Corp. (Pagcor).
A source, however, claimed Lam was spotted in Fontana yesterday, a day after President Duterte ordered his arrest for alleged economic sabotage.
“He spent most of his time inside Fontana. He is still in the area,” said the source living in Clark Field.
“Police and other law enforcement agencies need to secure warrant to arrest Lam unless he was caught actually committing a crime,” the source added.
The National Bureau of Investigation (NBI) has yet to check if Lam returned to the country over the weekend.
The NBI has been tapped to arrest Lam. A team went to Fontana over the weekend but failed to arrest him.
Lam’s lawyer Raymond Fortun declined to comment on Duterte’s order to arrest his client.
DOJ: Duterte’s order to arrest Lam valid
Justice Secretary Vitaliano Aguirre II said yesterday Duterte’s order to arrest Lam is valid even in the absence of a court warrant.
Aguirre said Duterte’s order is based on charges of economic sabotage against Lam for the allegedly illegal online casino facilities inside Fontana.
“Economic sabotage is a continuing offense, thus there could be warrantless arrest,” Aguirre explained in a text message.
Aguirre said Lam could also be arrested for the continuing crime of violation of Immigration laws by harboring undocumented aliens in Fontana.
The rules of court generally require issuance by a trial court of a warrant of arrest before an accused facing a criminal case could be arrested by authorities.
But the same rules provide for a warrantless arrest of criminal suspects, by authorities or even by the public, in cases of continuing crimes or if they are caught in the act of committing such crimes.
After the martial law era where warrantless arrests were prevalent, the government formulated the privileges of the writs of habeas corpus and habeas data to protect citizens against illegal arrests and searches by authorities.
Warrantless arrest can’t apply on bribery
Aguirre said that while warrantless arrest could be valid in economic sabotage, it could not apply on bribery charge against Lam because it cannot be considered a continuing offense as it was allegedly “carried out or completed already.”
Last week, Aguirre revealed a supposed attempt of Lam’s camp to bribe Pagcor chair Andrea Domingo to allow Fontana to continue its online gaming operations while applying for a license in exchange for one-percent commission from the income of the gaming operations.
Aguirre also bared that Lam met with him through mediation of former police general-turned-poker legend Wally Sombero, who asked if he could be “ninong” (godfather or protector) of the Chinese businessman believed to be the biggest online gambling operator in Macau.
But Aguirre later clarified that he did not see a basis to charge or arrest Lam or Sombero because there was no overt act of bribery during their meeting and that the bribery was just his perception.
Still, he said he would leave to other government agencies the investigation on the illegal casino operations in Lam’s Fontana casino.
Fortun also denied the bribery charges in a press conference on Friday.
Fortun said the meeting between Lam and Aguirre last Nov. 26 lasted only for five to 10 minutes and Lam was not even able to speak a word.
Fortun explained that Lam was not aware of whatever Sombero told Aguirre during the meeting and that his client “had no reason to bribe anyone as his operations are legitimate.”
He also said Fontana casino has existing license to conduct online gaming in the Clark Economic Zone, and that the Chinese workers were arrested for alleged violation of Philippine immigration laws not for illegal online gambling operations.
Palace mum on Duterte’s arrest order vs Lam
Meanwhile, Malacañang kept mum on Philippine National Police chief Director General Ronald dela Rosa’s statement that the President has ordered the arrest of Lam despite the absence of a warrant.
Presidential communications secretary Martin Andanar yesterday said over state-run radio station dzRB that he would just let Aguirre answer questions about Lam.
When pressed on whether the President is trying to circumvent the legal process, Andanar replied: “Anything that has got to do with Mr. Lam, I defer to the Department of Justice. You may call Secretary Aguirre for clearer answers.”
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