2 ex-BI agents in P50M bribery mess ordered transferred to Bilibid

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THE Supreme Court has given the go-signal for the transfer to the New Bilibid Prison in Muntinlupa city of two fraternity brothers of former president Duterte who were convicted by the Sandiganbayan last year for plunder and graft in connection with the P50 million Jack Lam bribery scandal.

This, as the SC junked the plea of former Immigration Deputy Commissioners Al Argosino and Michael Robles and retired policeman Wenceslao “Wally” Sombero Jr. seeking the reversal of the anti-graft court’s decision denying their plea for continued detention at the Metro Manila District Jail at Camp Bagong Diwa Taguig City.

Argosino and Robles are fraternity brothers of Duterte in the San Beda-based Lex Talionis Fraternity.

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To recall, the anti-graft court has ruled that Argosino, Robles, and Sombero should be committed to the national penitentiary to serve prison terms, which consist of 40 years for plunder and 10 years for graft.

The three respondents have asked the SC to suspend their transfer to the Bilibid, invoking humanitarian and compassionate considerations. They cited the surge of the COVID-19 cases and their health conditions.

Argosino claimed he is suffering from hypertension and diabetes, while Robles said he is also suffering from cardiac dysrhythmia hypertension and hyperthyroidism.

On the other hand, Sombero told the court he has coronary artery disease, cardiac dysrhythmia, sick sinus syndrome, severe sleep apnea, exogenous obesity, and type 2 diabetes mellitus.

They also asserted that the SC ruling allowing former senator Juan Ponce Enrile to go out on bail despite being charged with plunder should also apply to them on humanitarian grounds.

However, the SC did not give weight to the reasons raised by the accused-appellants as it agreed with the Sandiganbayan that under the 2013 Bureau of Corrections Act they are categorized as national inmates.

“Being national prisoners, the Sandiganbayan was correct in ordering the transfer of accused-appellants from the MMDJ, a local jail, to the NBP in Muntinlupa City, which is the national penitentiary managed by the Bureau of Corrections,” the SC said in a decision released yesterday.

“As held in Obugan vs People and Basilonia vs Judge Villaruz if the penalty imposed requires the service of sentence in the National Penitentiary and the convicted accused is already in detention, the trial court should immediately order the transfer of national prisoners to the NBP,” the SC added.

The SC said it is not persuaded by the arguments pertaining to their alleged health conditions nor their arguments in the Enrile case.

“Unlike in Enrile, accused-appellants are not mere detainees asking to be released on bail pending trial. They are national prisoners who, upon conviction of violation of R.A. 3019 and plunder, are no longer presumed innocent,” the SC said.

“Moreover, their allegations pertaining to their health conditions, and the documents showing the medical findings of their doctors, are questions of fact which are not within the province of the court to determine. Neither can the Court take judicial notice of their medical conditions,” the SC added.

Further, the SC noted that health authorities has recorded a downward trend in COVID cases in the country already.

The SC said the government has also ramped up the vaccination not only of the general public but also of inmates, including at the NBP, to protect them against COVID-19.

“On account of the positive developments in the country’s battle against Covid-19, charting towards ‘herd immunity’ this Court finds no compelling reason to suspend the transfer of accused-appellants to the National Penitentiary,” the SC said.

Argosino and Robles were accused of receiving P50 million from Lam, a Chinese gambling tycoon, in exchange for the freedom of over 1,300 undocumented Chinese workers at his casino in Clark, Pampanga in 2016.

Sombrero meanwhile was accused of acting as the middle between Lam and the two former BI deputy commissioners.

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