Senate grills BI official for alleged usurpation of public functions
Published Mar 20, 2023 07:00 am
The Senate Blue Ribbon Committee on Monday, March 20 grilled a Bureau of Immigration (BI) official who reportedly escorted private plane passengers at the Ninoy Aquino International Airport (NAIA) last February 13.
Sen. Francis Tolentino, chairman of the panel, said he finds it highly irregular that Jeff Pinpin, an immigration officer, who has been relieved from his new position as regional intelligence officer pending the investigation into the alleged human smuggling at the NAIA, would be at the Balagbag Ramp where the aircraft, reportedly operated by one Cloud Nine No. 1 Leasing Company Ltd., a HongKong registered leasing company, is stationed.
Pinpin, during the Senate panel’s hearing, told lawmakers that due to health reasons, he had requested to be transferred from his position as an immigration officer on February 9 and was then designated to the BI’s intelligence office in Region 4.
But despite his impending transfer, Pinpin said he admitted still assuming his position until Februar 13 claiming it was still part of his “transition” period.
Pinpin admitted to members of the Senate panel that he was off-duty when he escorted various foreign passengers into a private jet during that said date.
Pinpin was identified as the so-called “mystery immigration officer” who escorted foreign passengers to the private flight even though he was off duty during the evening of February 13.
“The mere fact that you were relieved February 9 has nothing to do with your assertion of having an ongoing function which is violative of Article 177 of the Revised Penal Code. Alam mo tawag doon (Do you know what it’s called)? Usurpation of Public Functions,” Tolentino told the BI official during the hearing.
Pinpin tried to counter the allegation saying he was still waiting to be properly relieved, which he said is the main reason why he remained on his post even after February 9.
But Tolentino dismissed the Immigration officer’s alibi, saying that he has no business inside NAIA after February 9.
“So na relieve ka? So inamin mo na relieved ka na, you now give discretion to the appointing designating authority kung sino yung kapalit mo, diba? Na relieved ka na, bakante na iyon, wala ka na dun. Hindi mo hihintayin na mag assume ka naman don sa papalitan mong bago, yung regional intelligence office, so walang—so kung naka float ka sa himpapawid ka, wala—it has nothing to do with your relief (So you're relieved? So you admitted that you are relieved, you now give discretion to the appointing designating authority as to who will replace you, right? You're relieved, it's empty, you're not there anymore. You don't wait for the new one to replace you, the regional intelligence office, to assume that, so there's nothing—so if you're floating in the air, there's nothing—it has nothing to do with your relief),” Tolentino pointed out.
The senator said it is clear under Article 177 of the Revised Penal Code that any person who falsely represent himself/herself to be an officer, agent, or representative of any department “who under the pretense of official position shall perform any act pertaining to any person in authority shall suffer the penalty of prison correccional in its minimum and medium periods.”
“Knowingly, in-admit mo dito under oath—falsely... na ito na relieve ka na, eh wala ka nang authority. Pwede kang hingian ng papel. Authorized ka pa ba? Relieved na ho kayo, anong ginagawa mo dito (Knowingly, you admitted here under oath—falsely... now that you are relieved, you no longer have authority. You can ask for a paper. Are you still authorized? You are relieved, what are you doing here still)?” Tolentino asked.
Sen. Grace Poe, who raised the alarm on human trafficking at the NAIA in a privilege speech last month, also viewed the actions of Pinpin as clear violations of the protocols and will not set a good precedent if they remained unacted.
“We expect decisive and correct actions from our airport and immigration chiefs on this matter to show respect for the institutions and to tell the public that irregularities will not go unpunished,” Poe said also during the hearing.
“It's nothing personal to the officers concerned. We are doing this to also protect the institution that you are supposed to be protecting,” she said.
"If nobody's liable here, kung hindi kayo makakasuhan, mas lalong lalakas ang loob ng iba na gumawa ng mga bagay na hindi nyo dapat gawin (If you are not prosecuted, the others would be emboldened to do what they shouldn’t do),” she said.
Likewise, Poe also said she expects an update on the installation of CCTVs in the airport's premises, including the area where private chartered flights take off.
Airport personnel claimed the CCTVs outside the area were not working because they were designed to be solar powered.
"Going green is important, but the CCTVs have to be operational and effective as well,” the senator said.