CEBU, Philippines - The Sandiganbayan has cleared a commissioner of the Bureau of Immigration, two bureau officials and a security guard from charges of arbitrary detention filed against them by a German national.
The Sandiganbayan Secon Division ruled that the elements of arbitrary detention were not present in the case filed by Alfred Lehnert against Commissioner Andrea Domingo; Intelligence Officers Maynardo Marinas and Arthur Solito III, and security guard and BI Mandaue warden Elmer Napilot.
Lehnert had alleged that he was arrested illegally and detained for about one year and six months.
The respondents claimed that Lehnert was arrested through Mission Order No. ADD-02-325 after he was found to have violated the Philippine Immigration Act of 1940. They said Lehnert “was not only undocumented alien, but he was also undesirable foreigner who had brushes with the law and had no decent regard for Philippine laws and Filipino culture and tradition.”
The Sandiganbayan ruled the acts of Marinas, Solito III and Napilot in arresting and detained Lehnert were all nature of their works.
“Marinas and Solito are bound to take steps or actions required upon instructions of the Commissioner,” the Sandiganba-yan said.
The court also stated that Napilot has the duty of guarding alien detainees in the detention cell and escorting them to places to attend investigations and hearings.
“These facts negate no doubt the existence of an agreement to commit the crime of Arbitrary Detention,” the Sandiganbayan resolution reads.
Meanwhile, the respondents filed a motion to dismiss on demurer to evidence asserting the evidences presented by Lehnert are “not enough to haul up and continue with their indictment for the crime of Arbitrary Detention as they failed to present the elements of conspiracy and crime itself.” — (FREEMAN)