3 ex-BI execs charged for allowing alleged terrorist to leave PH

Three former officials of the Bureau of Immigration (BI) are facing graft charges before the Office of the Ombudsman for allowing suspected terrorist Vo Van Duc to leave the Philippines in 2005.

Ombudsman Conchita Carpio Morales has found probable cause to indict former BI Commissioners Teodoro Delarmente, Roy Almoro and Jose Cabochan over irregularities in the issuance of medical passes and summary deportation order (SDO) in favor of Van Duc, who is convicted of unlawful manufacture and possession of explosives.

Morales also ordered the filing of charges against former acting chief of the Philippine National Police civil security unit Wendy Rosario, former BI chief of staff Alejandro Fernandez, former acting warden Noel Espinosa, former legal aide Richard Perez, former security escort Francis Agana and former confidential agent Joselito Pagaduan for violation of Republic Act No. 3019 and Article 224 of the Revised Penal Code or Evasion through Negligence.

Investigation revealed that Delarmente, Rosario, Espinosa and Agana were responsible for the issuance of medical passes on several dates in 2005 to the suspected terrorist despite the absence of the required recommendation of the BI physician and for allowing him to enjoy temporary liberty for three weeks.

“Apparently, the medical passes issued by Delarmente had no basis but the ‘request’ made by Van Duc himself. Further, the medical passes made it possible for Van Duc to leave the BI detention center and enjoy the comforts of staying in an apartelle,” the Ombudsman resolution read.

Meanwhile, Delarmente, Almoro, Cabochan, Fernandez and Perez were found to have violated the rules in summary deportation proceedings.

The resolution stated that the SDO was issued based on an outdated four-year-old charge sheet and without the conduct of any semblance of a hearing by the commissioners, which facilitated Van Duc’s escape from the country.

The resolution cited that the “SDO was flawed from its very inception, as it did not go through the proper procedure under the BI rules. At the outset, records do not disclose any memorandum from the special prosecutor recommending summary proceeding. Secondly, the SDO was not prepared by the Board of Special Inquiry but by respondent Perez, allegedly upon the orders of respondent Fernandez.”Nestor Corrales/RC