IMMIGRATION Commissioner Joel Anthony Viado yesterday said they have uncovered maneuvering by some lawyers who are filing cases against their foreign clients to prevent them from being deported.
This as Viado appealed to lawmakers to amend existing laws to close legal loopholes that foreign fugitives use to evade deportation.
Viado issued the appeal after the escape and recapture of South Korean Na Ikhyeon in Angeles City, Pampanga last week.
Na escaped custody while attending a hearing of his case in Quezon City. He was allegedly helped by several immigration personnel, several of whom were already relieved from their posts.
Na was arrested on May 31, 2023 and was held at the BI’s detention facility in Bicutan, Taguig City while awaiting deportation.
However, his deportation to Seoul was deferred pending the resolution of an estafa case filed by a Filipina against him at the Quezon City Prosecutor’s Office.
Viado said they have uncovered legal tactics used by certain lawyers to delay deportation proceedings, allowing fugitives to remain in the country longer than necessary.
“Some legal practitioners have been exploiting the system by filing cases against their own fugitive clients, arguing that they must remain in the Philippines due to ‘ongoing legal cases,’” Viado said.
“If this goes unaddressed, then every fugitive will simply employ this tactic to delay their deportation or arrest. What will happen to us then?” Viado added.
He said that many of these foreign fugitives are wealthy, well-connected, and capable of hiring top legal experts who know how to navigate around the country’s immigration laws.
“Let’s admit, these fugitives are not ordinary criminals. They have deep pockets, powerful backers, and legal teams who understand how to exploit every possible loophole in our system,” Viado added.
Viado also admitted that under the current legal framework, the BI’s ability to act is sometimes limited.
“If there is an option for them to take advantage of a legal loophole, then we cannot do anything legally because our hands are tied. That is why we are appealing to our lawmakers for help to address these loopholes,” he added.
Viado said his office is currently working with the Department of Justice, the Integrated Bar of the Philippines, and the Supreme Court to ensure that legal proceedings cannot be used as a shield for criminals.
However, Viado emphasized that legislative action is necessary to establish clear and permanent prohibitions against these tactics.
“We need Congress to step in and introduce laws that prevent these delaying maneuvers. Without clear legal safeguards, we will continue to see fugitives manipulating the system,” Viado said.
“This case is a wake-up call. It highlights the urgent need for stricter oversight and a massive internal cleanup,” he stressed.
Last year, Justice Secretary Jesus Crispin Remulla also threatened to file charges, including disbarment cases, against lawyers of several Japanese nationals tagged as members of the “Luffy” gang for allegedly engaging in “legal maneuverings” including having the Filipina girlfriends of their client file cases in local courts to delay their deportation to Tokyo.
