Court denies ‘POGO’ 17’s motion

CEBU, Philippines — Regional Trial Court (RTC)-Branch 73 Presiding Judge Ronald Tolentino has denied the motion to quash information filed by 11 of the 17 foreign nationals and a Filipino charged with seven counts of qualified trafficking in persons in relation to the raided “Philippine Offshore Gaming Operator” (POGO) facility in Lapu-Lapu City.

In his 27-page decision dated Oct. 28, Tolentino said he “finds that there is a need to delve into the merits of the case” so trial should proceed.

Lawyers of Zhao Shou Qi and Zhao Long filed the motion on the ground that the court “has not validly acquired jurisdiction over the person of the accused and the subject Mission Order is null and void for being contrary to the provisions of the 1987 Philippine Constitution.”

The mission order referred was that held by the National Bureau of Investigation-7 in raiding the resort where the alleged POGO was located in Brgy. Agus, Lapu-Lapu City.

Consequently, accused Yang, Teng Da; Dai, Chun Lin; Zhong, Donglin; Ke, Rong Mou a.k.a. "Jordan"; Lang Mao", "Yuki"; Shen, Wen Xia a.k.a. "Xi Xi"; Wen, Qi Zhen; and Zandrew Magdaluyo Cantarona, through their legal counsel, also filed their “motion to quash” on Oct. 14.

In their motion, they adopted the narration of facts contained in Zhao's Motion to Quash as they are similarly situated with that of Zhao Shou Qi and Zhao Long.

Because it denied the motion to quash, the court set the arraignment and pre-trial of all the accused this Monday, Nov. 4.

Meanwhile, the same court, in a separate order, also denied the “Motion to Release Motor Vehicle” filed by one Lenny Jane P. Kano but granted the “Motion to Conduct Ocular Inspection” of the premises of the Tourist Garden Hotel compound filed by Zhao Shou Qi and Zhao Long.

Consequently, the ocular inspection was set on Nov.11.

Three more passports

Meanwhile, in a press conference yesterday, NBI-7 Regional Director Renann Augustus Oliva said they uncovered three more passports owned by Indonesians who were not among the 168 “POGO” workers rescued from Tourist Garden Hotel.

He said these Indonesians could still be here in the country.

“Ang tag-iya aning tulo ka passport wa ni sila naapil sa na-rescue. Pero kani ilang passport nakuha ni nato sa mga vaults (as authorized by the court), kadto atong nakuha sa Tourist Garden Hotel. So, kaning mga Indonesians, possible wa pa gyud ni nakagawas sa nasud. Pangita-onon pa ni sila,” he said.

To recall, on Aug. 31, the NBI-Cebu District Office, in joint coordination with the NBI-7, conducted a simultaneous joint rescue operation led to the rescue of 169 foreign nationals and the arrest 17 individuals (sixteen foreign individuals and one Filipino).

The operation was done together with the Inter-Agency Council Against Trafficking (IACAT)-7 composed of the National Prosecution Service, Bureau of Immigration, Department of Social Welfare and Development-7, and also in closed coordination with Presidential Anti-Organized Crime Commission (PAOCC), Philippine Center on Transnational Crime, and Military Intelligence Group.

During the operation, it was discovered that the Tourist Hotel Garden Hotel was allegedly used as a POGO hub, with the discovery of three cybercrime farm sites.

The authorities observed that most of the rescued victims were working infront of computer units showing scantily-clad women, which caused the suspicion that they were involved in illegal activities such as "love scam", pornography, and investment fraud.

On Sept. 4, two search warrants were obtained through the Office of the Presiding Executive Judge Jospeh Stephen Ygnacio of RTC Branch 67, resulting in the seizure and confiscations of several computers, mobile phones, gadgets, SIM cards, and a script used in scamming activities.

NBI-7 also seized cash believed to be proceeds from illegal activities; and documents such as logbooks, official receipts, and other book of accounts pertaining to the illegal activities.

All the 168 rescued foreign nationals, including the 17 accused, are currently under the custody of PAOCC in the National Capital Region. — /RHM (FREEMAN)