MANILA, Philippines - Two Bureau of Immigration agents who escorted the Reyes brothers at the NAIA 3 when they left the country in 2012 were dismissed on March 18, 2013, the BI disclosed yesterday.
Former Palawan governor Joel Reyes and his younger brother former Coron mayor Mario Reyes are accused of masterminding the murder of environmentalist and broadcaster Gerry Ortega in 2011.
BI spokeswoman Elaine Tan identified the two as security guard 1 Wesley Gutierrez and administrative aide III Rogelio Delgado Udarbe.
“The BI filed separate administrative cases against Gutierrrez and Udarbe and these were confirmed by Department of Justice (DOJ) Secretary Leila de Lima in 2013,” Tan said.
In the decision against Gutierrez, then BI Commissioner Ricardo David found him “guilty of gross neglect of duty and conduct prejudicial to the best interest of the service and is meted the penalty of dismissal from the service with all its accessory penalties.”
On Udarbe, David found him liable for “grave misconduct and conduct prejudicial to the best interest of the service and is hereby meted the penalty of dismissal from the service with all its accessory penalties.”
The retirement benefits of both respondents were also forfeited and their civil service eligibility cancelled. They were also perpetually disqualified from holding public office.
Tan said no criminal cases were filed against Gutierrez and Udarbe because there was no murder case yet against the Reyeses at the time they left the country.
Tan said the BI has streamlined the process of hiring and training personnel. “They know how to deal if a passenger is included in the lookout bulletin or if the person is in the blacklist. We are taking steps to prevent fugitives from leaving the country. The photographs of high-profile fugitives have been posted in the immigration counters at the airport,” she said.
Transfer of detention
After raising the idea of hospital arrest for his prominent clients, the lawyer of the Reyeses now wants the court to allow their transfer to another detention facility, purportedly for safety reasons.
Demetrio Custodio Jr. said he filed yesterday a motion for the transfer of the Reyes brothers to another facility because their lives were in danger in the Puerto Princesa City jail, where they are detained.
Judge Jose Usman of the Regional Trial Court (RTC) Branch 52 scheduled for Friday the hearing on their plea.
“We are concerned with the safety of our clients,” said Custodio without elaborating. “I don’t want to preempt the court, it might be sub judice.”
He said he has yet to file a motion for hospital arrest for the two murder suspects as their health conditions are still being monitored.
Custodio said the Reyes brothers are now in good health except they have to regularly take medicine for their blood pressure and cholesterol.
Mario Reyes had a fever when he and his brother arrived in Manila last Friday from Phuket, Thailand where they were arrested by Thai Interpol and agents of the Criminal Investigation and Detection Group (CIDG).
No VIP treatment
The Reyes brothers will not be accorded special treatment, Interior Secretary Mel Senen Sarmiento vowed yesterday.
Sarmiento said the relief of Sr. Insp. Don Paredes as warden of the Puerto Princesa City Jail was proof that any questionable actions by government personnel would not be tolerated.
Paredes was sacked for allowing the former Palawan officials to hold a press conference while in detention. Paredes claimed it was an ambush interview, but video recording of the incident showed Reyes being interviewed by the media while seated on what appeared to be an office chair.
“I assure the public that government will not extend VIP treatment. I gave specific instruction to the BJMP not to extend special treatment,” he said, referring to the Bureau of Jail Management and Penology.
“The media and the public is monitoring the situation,” Sarmiento told reporters in a chance interview at Camp Crame.
Sarmiento said he personally called BJMP director Chief Supt. Diony Mamaril to remind the official of his instruction that no special privilege would be given to the Reyes brothers.
“There was really a big question mark in his explanation and I told General Mamaril to take appropriate action,” Sarmiento said, referring to Paredes’ denial that he had allowed Reyes to hold a press conference.
The Philippine National Police (PNP), for its part, said Task Force Tugis which led the manhunt for the Reyes brothers spent at least P3 million for the operation.
Covered by the expenses were the trip to Thailand, technical research of personnel involved, rental of boats, as well as food and lodging.
No hospital arrest
The Department of Justice (DOJ), for its part, said it will oppose the reported plan of the Reyes brothers to seek hospital detention.
“First of all, there is no basis for that hospital detention or arrest. Also, that move has been abused many times. That should stop already,” Justice Secretary Leila de Lima told reporters in ambush interview yesterday.
“There are a lot of ordinary prisoners, whether in detention or convicted prisoners, with health problems also but are not accorded with hospital arrest,” De Lima said.
“Only privileged few are granted with that. Enough of that because it is making a mockery of our justice system,” she stressed.
The DOJ chief also vowed to oppose moves of the Reyes brothers to delay the trial or seek bail.
“If there are moves on the part of the counsels to derail, delay or postpone the arraignment, our guidance to the prosecutor is to oppose such moves,” she said.
As to the bail issue, De Lima explained: “Murder is a non-bailable offense… Almost all accused in non-bailable cases apply for bail but it has to go through the right process. Bail cannot be granted without sufficient basis.”
De Lima said the RTC has set the arraignment of the Reyes brothers on Friday at 8:30 a.m.
Meanwhile, former whistle-blower Sandra Cam accused De Lima of inaction after the escape of the Reyes brothers.– Evelyn Macairan, Edu Punay, Non Alquitran