Deportation for sale

Why am I not surprised at all on the latest huffing and puffing by some lawmakers over the alleged "freedom for sale" by some unscrupulous elements in the Bureau of Immigration (BI)? As far as I’m concerned, it is like the refrain of an old song that is repeated over and over again. I think it is a misnomer to call it "freedom for sale" but should be pejoratively termed as "deport me, for sale" modus operandi.

In a privilege speech the other day at the Lower House, Rep. Robert "Ace" Barbers denounced what he noted as the unabated deportation of aliens, particularly those who face non-bailable crimes. Barbers expressed alarm on these nefarious activities by an obviously well-entrenched syndicate at the BI that has been earning lucrative sums of money out of their illegal transactions. As early as two weeks ago, he exposed the unlawful deportation in May 2005 of suspected terrorist Vo Van Duc, an American of Vietnamese descent, and Chinese Zhang Du, who was facing charges of kidnapping-for-ransom (KFR), another non-bailable offense.

I’m not very privy to the details of the case of the alleged Vietnamese terror suspect but certainly the case of escaped KFR suspect Zhang Du has long been the lonely battle being waged by Jackie Tiu, the victim who survived and has been fighting in court to get justice for this heinous crime inflicted upon her. One classic "deport me, for sale" case was Zhang Du’s escape out of the Philippines because of similar anomalous issuance of deportation order by the BI. The KFR suspect who was detained at the BI detention cell in Bicutan was escorted out of his jail on a Saturday and immediately whisked to the airport where he boarded the plane that took him back to his homeland in China. Jacky Tiu’s nightmares of her kidnapping continue to haunt her because key officials at the BI who were responsible for Zhang Du’s escape remain unpunished.

According to the Surigao del Norte Congressman, this immigration syndicate has made "terrorists come and go freely in our country." And these were proven by the subsequent arrest of terrorist suspects like Jemaah Islamiyah's (JI) Fathur Roman Al-Gozhi, who masterminded the Rizal Day bombings, and recently his fellow JI cohorts Umar Patek and Dulmatin who even brought with him his wife Sovie and their children. And these people were supposed to be on the terror watch list that were posted on BI strategic areas at the airports in the country.

Barbers has asked his colleagues in Congress to conduct a full-blown inquiry into these scam at the BI on top of other shenanigans that have not only added to security threats but also caused massive economic dislocation among the people.

I agree with his observations on the alarming increase of aliens in our midst who cannot even speak Tagalog but are trading their wares in Divisoria, Binondo and Baclaran. If they don’t have the proper documents, they are veritable victims of shakedowns by these unscrupulous BI agents. Barbers exposé on these lucrative rackets at the BI is actually a reprise, as I said earlier, of this lingering malady at the BI.

But it would be unfair to blame all these ills at the BI to its incumbent commissioner Alipio Fernandez. What is needed at the BI is a top to bottom house cleaning and not just applying disenfectant because it would only cover the bad smell for a while but the stink remains.

I distinctly recall the particular incident in 1994-1995 while I was still covering the Senate. Former Senator Freddie Webb blew the lid on the so-called "eleven Indians" who were released from detention at the National Bureau of Investigation (NBI) under highly irregular circumstances. The Indian nationals were arrested during a raid on a drug laboratory on July 4, 1994 in Las Pinas City.

All government officials implicated in this scandal from then BI commissioner Zafiro Respicio, and his associate commissioners Bayani M. Subido and Manuel C. Rojas, and the late Arturo Figueras, the former NBI Deputy Director and chief of the NBI’s Domestic Intelligence Service were summoned to public hearings by the Senate ad hoc committee on illegal drugs chaired by Senators Ernesto Herrera and Vicente Sotto III. At the end of the Senate investigation, all the accused officials were recommended for administrative and criminal charges before the Office of the Ombudsman.

And last Oct. 23, or more than 11 years later, the Ombudsman finally handed down its ruling and found Respicio guilty of graft charges while his other co-accused were all cleared. The anti-graft court ruled that "no conspiracy existed among the accused" and that the prosecution had failed to prove beyond reasonable doubt the guilt of Subido and Rojas. Figueras was also cleared by the Sandiganbayan. However, the Sandiganbayan ruling came after he died while the case was still being heard. There was a damning evidence against Respicio who signed the deportation order during his birthday party the night of Aug.11,1994 that was the basis that enabled the 11 Indian nationals to leave the country the following day.

The Sandiganbayan sentenced Respicio to six years up to a maximum of 12 years imprisonment, barred him from holding any public office and also ordered him to pay a fine of P5,000 for allowing the highly anomalous deportation of the 11 Indian nationals despite their being charged here with drug trafficking. Respicio, who is reportedly recovering from a stroke and is working part time for a non-government organization in his home city in Davao, still insisted he was innocent of the charges despite his conviction by the Sandiganbayan.

Our reporter in Davao City, Edith Regalado who was able to get in touch with Respicio, reported the former BI chief maintained that he did not know the 11 Indian nationals who were facing illegal drugs charges when he signed their deportation papers while celebrating his birthday party. Perhaps, he was already too inebriated to remember it. Even if he might not have been drunk at all, why would Respicio sign such official documents while partying?

Respicio claimed then that he signed the deportation papers because these were endorsed by then NBI director Epimaco Velasco. It was Velasco himself who reportedly wrote Respicio the request for deportation proceedings against the 11 Indians. Granted there was such an official request from the former NBI chief, why was Velasco spared from any responsibility? Respicio has filed a motion for reconsideration asking the fifth division of the Sandiganbayan to reverse the ruling of his guilt on falsification of public documents. It would be interesting to know if Respicio would make such a tell-all in his MR to the Sandiganbayan.

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