The Sandiganbayan has ruled it has jurisdiction over the graft case filed against Bureau of Immigration (BI) officials and employees allegedly involved in the so-called “pastillas” extortion scheme.
In a resolution issued by its seventh division, the anti-graft court dismissed the motion filed by some of those accused to dismiss the charges for lack of jurisdiction.
Senior Immigration Officer Immigration Officer III Anthony "Al" D. Lopez, Supervising Immigration Officer Francis Dennis T. Robles, and Senior Immigration Officer Erwin S. Ortañez told the court that the charge sheet "mistakenly" classified one of their co-accused, Deputy Commissioner Marc Red A. Mariñas, as Salary Grade 27.
They submitted Mariñas’ Service Record which indicated that the highest position he held was Immigration Officer II, and his Salary Grade was below 27.
Under the rules, the Sandiganbayan has jurisdiction over cases filed against government personnel with Salary Grade 27 and higher. The regional trial courts (RTCs) have jurisdiction for those with Salary Grade 26 and below. Rulings of the RTCs are appealable before the Sandiganbayan.
Lopez and his group said that Mariñas' designation as Deputy Commissioner was only temporary since he only acted in an officer-in-charge capacity.
But the Sandiganbayan denied their motion for lack of merit. "The fact that Mariñas' appointment did not become permanent is of no moment," the court said.
"There is no doubt that Mariñas' designation as officer-in-charge is either in an acting, or interim capacity. Precisely, within the jurisdiction of this Court," it added.
Associate Justice Zaldy V. Trespeses wrote the five-page resolution with the concurrence of Associate Justice Georgina D. Hidalgo and Presiding Justice Amparo M. Cabotaje-Tang.
The arraignment of the accused involved in the “pastillas” scheme has been deferred to September 9.
Those accused in the case reportedly gave preferential treatment to 143 foreign passengers from 2017 to 2020 in exchange for P10,000 each or a total of P1.43 million.
The extortion scheme was called “Pastillas” because “the bribe money, serving as consideration for the illicit entry of the foreign nationals, was supposedly rolled up in a manner that resembles a pastillas de leche treat, a popular Filipino milk-based candy.”
Also accused in the case were Senior Immigration Officer Grifton San Pedro Medina, Senior Immigration Officer Glenn Ford S. Comia, Senior Immigration Officer III Benlando "Bien" J. Guevarra, Senior Immigration Officer III Danieve "Den" H. Binsol, Senior Immigration Officer III Deon "Nancy" Carlo Garcia Albao, Senior Immigration Officer III Arlan Edward D. Mendoza, Senior Immigration Officer Cecille Jonathan P. Orozco,
Immigration Officer III Bradford Allan L. So, Immigration Officer III Vincent Bryan Del Rosario Allas, Immigration Officer III Senior Immigration Officers Rodolfo "Totoy" I. Magbuhos Jr., Immigration Officer III Er German T. Robin, Immigration Officer II Gabriel Ernest "Gabe" M. Estacio, Immigration Officers I Ralph Ryan "RG" M. Garcia, Immigration Officers I Phol "Vexana III" B. Villanueva,
Immigration Officer III Abdul Fahad "Sharpedge Calaca" G. Calaca, Immigration Officer I Mark "Fakehappy" D. Macababbad, Immigration Officer III Aurelio Somera "Amboy" Lucero III, Immigration Officer III George V. Bituin, Immigration Officer III Salahudin F. Hadjinoor, Immigration Officer I Cherrypie "Chepie" P. Ricolcol, Immigration Officer II Chevy Chase R. Naniong, Immigration Officer I Carl Jordan C. Perez, Immigration Officer II Abdulhafez Dela Tonga Hadjbasher, Immigration Officer III Jeffrey Dale "Boss Nyefi" S. Ignacio, Immigration Officer I Clint John Q. Simene,
Immigration Officer II Asliyah A. Maruhom, Immigration Officer I Maria Victoria C. Jogno, Immigration Officer II Paul Erik "Liza" C. Borja, Immigration Officer I Hamza U. Pacasum, Immigration Officer II Manuel B. Sarmiento III, Security Guard 2 Fidel Santoc Mendoza, Immigration Officer I Dimple Mahyumi R. Mallari, Gerrymyie "Gem" G. Franco, John Michael S. Angeles,
Francis Meeka E. Flores, Sadruddin C. Usudan, John Kessler B. Cortez, Mohammad Sahary B. Lomondot, Jon Derrick Y. Go, Aira Garcia Inoue, Immigration Officer I Royan Rey S. Manlapas, Administrative Assistant VI Angelica B. Omampo, Administrative Assistant VI Yanni M. Hao, Administrative Assistant VI George Gilbert T. Ong, Administrative Assistant VI Cathy Devela Cu, and Empire International Travel and Tours owner Liya Wu.