The Sandiganbayan Sixth Division has denied the motions filed by former Bureau of Immigration (BI) Deputy Commissioner Al Argosino and Michael Robles, as well as Asian Gaming Service Providers Association Inc. (AGSPA) President Wenceslao Sombero Jr., to junk their plunder and other charges by way of demurrer to evidence.
Their case stemmed from the reported extortion of P50 million from 1,316 arrested Chinese nationals who were violating Philippine immigration laws back in 2016.
Sombero was accused of facilitating the deal for Argosino and Robles, who were said to have pocketed P50 million from Chinese gaming tycoon Jack Lam.
In exchange, they were to provide a "favor" for the release of the Chinese nationals "who were arrested and detained at Fontana Leisure Park, Clark Field, Pampanga, for violating Philippine immigration laws," the charge sheet against them said.
They are facing a violation of Republic Act 7080 or the act defining and penalizing plunder, as well as violations of Section 3(e) of RA 3019 or the Anti-Graft and Corrupt Practices Act, Article 210 of the Revised Penal Code or Bribery, and PD 46, which prohibits the giving gifts to public employees.
On Aug. 28, the anti-graft court denied their motions for leave to file demurrer to evidence, which sought to challenge the strength of the prosecution's evidence against them. The court ruled then that granting their motions will do nothing but delay the proceedings of the case.
Argosino argued otherwise in his motion for reconsideration, saying that he will be deprived of the right to determine whether or not the prosecution has successfully discharged its burden of proof.
"An examination of the prosecution's evidence would show that it is not sufficient to warrant the conviction of the accused beyond reasonable doubt," he said.
He added that there was no illegal release of Chinese nationals, since their transfer was only facilitated due to lack of facilities and unbearable conditions.
Robles likewise denied that his motion would delay the proceedings since he honestly believes the prosecution's evidence is insufficient to bring about a guilty verdict.
He said the prosecution's evidence took a big hit when it failed to present "vital witnesses."
Meanwhile, Sombero said he is actually seeking to expedite the resolution of the case when he filed his motion. Without a demurrer, he and his co-accused would have to present evidence and the process will be lengthened.
However, the anti-graft court was not of the same mind as the accused. "The Court had already considered said arguments, together with the prosecution's evidence, when it concluded that granting them leave to file their respective demurrers will merely cause delay in the proceedings. The Court finds nothing that would warrant the reversal of the assailed Resolution," it said.
The eight-page resolution was penned by Sixth Division Chairperson Sarah Jane Fernandez with the concurrence of Associate Justices Karl Miranda and Zaldy Trespeses.