THE Sandiganbayan Seventh Division has junked a motion to quash filed by three Bureau of Immigration (BI) officers seeking to stop the legal proceedings on the “pastillas scam” graft case.
Associate Justice Zaldy V. Trespeses penned the resolution that threw out the defendants’ challenge to the anti-graft court’s jurisdiction over the case. Associate Justices Georgina D. Hidalgo and Presiding Justice Amparo M. Cabotaje-Tang concurred.
Immigration Officers Anthony “Al” D. Lopez, Francis Dennis T. Robles, and Erwin S. Ortañez have argued that the graft case should have been dismissed outright when it was filed by the Office of the Ombudsman last June 6 based on lack of jurisdiction.
They said none of the 50 BI officers indicted fall under Salary Grade 27 that would vest the Sandiganbayan with jurisdiction to conduct trial on the case.
They pointed out that the highest ranked officer among them was Marc Red Mariñas, whose designation was officer-in-charge of the Office of the Deputy Commissioner for the BI Port Operation Division, but that his official position was Immigration Officer II which is below Salary Grade 27.
Since the post of Deputy Commissioner did not become permanent, they said the case was filed before the wrong court.
Lopez, Robles and Ortañez were among 50 immigration officers and one private individual who were accused by the Ombudsman of accepting bribe money to facilitate the illegal entry of foreigners, mostly Chinese nationals, into the country between 2017 to 2020.
The group reportedly gave VIP processing to 143 foreign nationals who each paid P10,000 and were slipped in through the Ninoy Aquino International Airport Terminals 1 and 2.
In denying the defense motion, the Sandiganbayan upheld the prosecution’s stand that the anti-graft court has exclusive original jurisdiction over the case and that the Ombudsman filed it with the proper court.
It noted that Section 4 (a) of RA 10660 provides that the indicted public official need not occupy a permanent position since the law included those serving in acting or interim capacity.
“The fact that Marinas’ appointment did not become permanent is of no moment. There is no doubt that Marinas’ designation as officer-in-charge is either in an acting, or interim capacity. Precisely, within the jurisdiction of this Court,” the Sandiganbayan ruled.
In a separate order last June 6, the Ombudsman ordered the dismissal from government service of 45 BI officers who were still in active duty, including Lopez, Robles, and Ortañez.
