MANILA, Philippines — The Sandiganbayan has deferred to Sept. 9 the arraignment of Bureau of Immigration (BI) officers facing a graft case in connection with the so-called “pastillas scam,” which allowed the unchecked entry of more than a hundred foreign nationals, mostly Chinese, into the country in exchange for bribe money.
In its minute-resolution promulgated last July 6, the Sandiganbayan Seventh Division has granted the motions of the Office of the Ombudsman’s prosecution team as well as the motions of some of the accused BI officers praying for the deferment of the scheduled arraignment on July 8.
In its motion, the prosecution panel asked for the deferment of proceedings to give them time to resolve the respective motions for reconsideration (MRs) of the indicted BI officers.
The accused BI officers likewise cited their pending MR before the ombudsman for asking the Seventh Division to defer their arraignment.
The anti-graft court has given state prosecutors 60 days or until Sept. 4 to resolve the appeal of the BI personnel.
“After the lapse of the said period, whether or not the prosecution has submitted its compliance, the court proceedings in this case shall proceed without any further delay,” the court said.
The Seventh Division, however, stressed that it cannot not be bound by whatever ruling the ombudsman would issue in connection with the BI officers’ MRs, as the court has already acquired jurisdiction over the case after its filing.
“It is to be noted, however, that the deferment or suspension (of the arraignment) does not signify that the court is bound by the resolution of the Ombudsman as jurisdiction, once acquired by the court, is not lost despite a contrary finding by the prosecution,” it said.
Except for one BI officer, a certain Jeffrey Dale Ignacio, who has yet to post bail as of July 6, the arraignment of all the other accused was reset to Sept. 9 at 8:30 a.m.
It was just last month when the ombudsman filed a case of violation of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act before the Sandiganbayan against 43 BI officers in connection with the pastillas scam.
Among those charged were former BI Port Operations Division deputy commissioner Marc Red Mariñas, the alleged head of the group that started the pastillas scam as well as senior immigration officers Grifton Medina, Erwin Ortañez and Glenn Comia.
Based on the case information sheet, Mariñas and the other BI officials facilitated the entry of 143 foreign nationals, mostly Chinese, into the country from 2017 to 2020 without undergoing immigration procedures.
The ombudsman said the 143 foreign nationals were granted VIP passage through the Ninoy Aquino International Airport Terminals 1 and 2 in exchange for P10,000 each.
The bribe money payments were supposedly rolled up and wrapped in white paper like pastillas, a local milk candy.