Immigration exec's motion denied

CEBU, Philippines - The Office of the Ombudsman-Visayas did not reverse its ruling that found former regional director and two security guards of the Bureau of Immigration in Central Visayas guilty of grave misconduct for allowing two Iranian Nationals to enter and exit the country using fake passports.

Graft Investigator Nelia Lagura denied the motion for reconsideration filed by Senior Immigration Officer Geronimo Rosas and security guards Elmer Napilot and Ramon Ugarte for insufficiency of evidence.

“The documents submitted by the respondents do not fall under the definition of newly discovered evidence to be considered in the reconsideration of the decision,” she said.

Lagura added that “for documents to be considered newly discovered evidence, it is a necessary prerequisite that they could not have been, with reasonable diligence, discovered and presented during the administrative adjudication of this case, especially before the decision was rendered.”

In their motion for reconsideration, Rosas and others cited an exclusion order dated December 16, 2004 signed by immigration officer Marieliese del Castillo ordering the exclusion of Iranian Nationals Saketi Taromsari Jafar and Jalal Pour Seven for not being properly documented.

In addition to the motion for reconsideration, they attached certifications from Philippine Airlines, Silkair, Cathay Pacific and Asiana Airlines declaring they do not have flights to Iran, and a Malaysia Airline certification declaring they have flights to Kuala Lumpur, Malaysia.

Rosas pointed out in his motion for reconsideration that he ordered the exclusion of the two Iranians, and that the delay in the exclusion was because there were no flights that could take the Iranians on December 16, 2004 and the available flight was on December 19, 2004 through Malaysia Airlines.

However, the Ombudsman finds no sufficient evidence to reverse its ruling.

“It was, without a doubt, known to respondent Rosas that the two Iranians have gained entry into the Philippines using fake passports. It was also known that they stayed in the Philippines for eight days before boarding Philippine Airlines for Japan where it was discovered that they were using fake passports,” the order reads.

Lagura said Rosas knew that the Iranian nationals were criminally liable under the Philippine Immigration Act of 1940 and should have been prosecuted and consequently deported.

It was on 2004 when the two Iranian nationals were allowed to enter and exit the country through the Mactan International Airport by using tampered Italian and Mexican passports.  (FREEMAN)