MANILA, Philippines?The Department of Justice has dismissed a Bureau of Immigration (BI) employee for following illegal orders that led to the escape of a suspected Vietnamese-American terrorist four years ago.
Justice Secretary Raul Gonzalez approved a resolution dated March 10, 2009, dismissing Marcelino Francis Agana from the government service in connection with his role in the escape of Vihn Nguyen Tan, alias Vo Van Duc, in 2005.
The DoJ resolution was signed by Assistant Chief State Prosecutor Richard Anthony Fadullon and Senior State Prosecutors Rosalina Aquino and Aileen Marie Gutierrez.
The Pasig Regional Trial Court had sentenced Duc to more than four years in prison after he pleaded guilty to a lesser charge of illegal possession of explosives.
Apartelle
Agana was found to have knowingly followed the illegal orders of Supt. Wendy Rosario and Insp. Noela Espinoza and allowed Duc to stay at an apartelle.
Agana brought Duc to the Cherry Blossoms Hotel in Manila after the latter received medical treatment between April and May 2005 instead of returning him to the Bureau of Immigration detention center. Duc was able to leave the country shortly afterwards.
?Despite the fact that [Agana] was obliged to bring Duc back to the BI detention center after his medical checkup, he brought him to the Cherry Blossoms Hotel in Manila and allowed him to stay there,? the resolution said.
It also recommended the investigation of other immigration officials.
Cleared
The DoJ resolution, however, cleared BI Assistant Commissioner Teodoro Delarmente of the charges of grave misconduct, conduct prejudicial to the interest of the service, and gross neglect of duty in connection with the Duc case.
Also cleared of charges of serious and gross neglect of duty were lawyer Benjamin Kalaw of the BI?s legal department and Elsie Lobrin of the bureau?s medical service.
Police officers Rosario and Espinoza were not part of the DoJ administrative case because they were not under the jurisdiction of the department.
A DoJ panel recommended on Jan. 10, 2007 the filing of appropriate administrative and criminal charges against Delarmente, Kalaw, Lobrin and Agana.
Similar charges were recommended against Rosario and Espinoza, Joselito Pagaduan and Alma Gonzales.
