Justice Secretary Jesus Crispin Remulla —SENATE PRIB
The Department of Justice (DOJ) has called on lawmakers to craft a law against a ploy allegedly used by overstaying foreigners to avoid getting deported.
“We respectfully seek the wisdom of the Congress and Senate to pass legislation to stop this abusive practice,” the DOJ said in a statement.
“The DOJ is willing to provide all the necessary statistics, case studies and other relevant information for consideration of the esteemed congressmen and senators,” it added.
Under the scheme, overstaying or undesirable foreigners enlist friends to sue before the prosecutors offices and in courts.
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The country cannot deport foreigners with pending criminal cases, according to the Bureau of Immigration, adding that they have to wait until these criminal cases are resolved, terminated or once convicted and after the service of sentence.
“A pending case in the prosecutor’s office or in court is a ground to prevent the deportation of a foreign national,” the DOJ said.
Justice Secretary Jesus Crispin Remulla brought up the issue during the recent hearing of the Senate committee on finance on the department’s budget.
But he first bared the scheme when the government sought to deport Japanese fugitives suspected of being behind illegal activities in Japan.
Remulla then said he believed that some of the pending cases filed against the Japanese nationals were fabricated to prevent their deportation.
According to the DOJ, several embassies have come to the DOJ to seek help to deport fugitives back to their jurisdiction.
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“However, every time they request, and after we look at our records, we see a pattern where after commitment into the custody of the Bureau of Immigration, cases are immediately filed against those who are detained at the Immigration detention center,” it noted.
Usually, the DOJ said, the cases include violence against women and children or estafa.
“Yet, upon strict scrutiny of the evidence on hand as well as intelligence reports, it is found that these cases are either very weak or absolutely fabricated,” the DOJ said.
“[T]he filing of weak or fabricated cases is their desperate attempt to stay their deportation,” it added.