The Supreme Court (SC) has affirmed a Sandiganbayan ruling that ordered the transfer to the New Bilibid Prison (NBP) in Muntinlupa City of two former deputy immigration commissioners and a retired police officer found guilty of plunder and graft by the anti-graft court.

In a resolution made public on Thursday, Aug. 18, the SC denied the separate motions filed by former Immigration Deputy Commissioners Al Argosino and Michael Robles, and retired Senior Police Supt. Wenceslao “Wally” Sombero Jr.

They all asked the SC to reverse a 2021 Sandiganbayan’s ruling that denied their pleas for their continued detention at the Metro Manila District Jail at Camp Bagong Diwa (MMDJ), Taguig City, pending the resolution of their appeals with finality.

They were all convicted by the anti-graft court in the P50-million bribery scandal involving Jack Lam, a gambling tycoon, for the release of more than 1,300 undocumented Chinese workers in Lam’s casino in Clark, Pampanga in 2016.

In issuing a commitment order for NBP detention, the Sandiganbayan said that Argosino, Robles, and Sombrero are national prisoners because their maximum prison terms consist of 40 years for plunder and 10 years for graft.

They invoked “humanitarian and compassionate considerations” in their pleas to stop their transfer to the NBP.

They cited health reasons that would make them more susceptible to the Covid-19 virus.

Sombrero said he is 65 years old and afflicted with several ailments such as coronary artery disease, cardiac dysrhythmia, sick sinus syndrome, severe sleep apnea, exogenous obesity, and type 2 diabetes mellitus.

Argosino claimed that he has hypertension and diabetes. Robles, on the other hand, said he is suffering from cardiac dysrhythmia hypertension and hyperthyroidism.

The SC did not listen to their pleas.

It said they are considered national prisoners under the Bureau of Corrections Act of 2013 since they were sentenced to prison terms exceeding three years.

“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.

“They are national prisoners, who, upon conviction of violation of R.A. 3019 and plunder, are no longer presumed innocent,” the SC explained.

“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,” it said.

“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 ruled.