Accused in 'pastillas scam' pleads guilty to lesser offense; gets P5,000 penalty
One of the several accused in the so-called "pastillas scam" reportedly perpetrated by the Bureau of Immigration (BI) officers and personnel at the airports has pleaded guilty to a lesser offense and was meted out a P5,000 penalty.
Immigration Officer II Asliyah A. Maruhom was initially charged with violation of Section 3(e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act, for her alleged involvement in giving VIP (very important person) treatment to 143 foreign passengers from 2017 to 2020 at P10,000 each or a total of P1.43 million.
The bribery scheme was called "pastillas scam" because the foreign nationals were allowed entry into the country without undergoing profiling, screening, and checking, and the bribe money would then be placed in a wrapper that is used for the "pastillas de leche" delicacy.
Last Sept. 5, the Office of the Special Prosecutor told the court that Maruhom proposed to plead guilty to the lesser offense of violation of Section 7(d) of R.A. No. 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees, which has been approved by the Office of the Ombudsman.
During the Sept. 21 hearing, the prosecution manifested that it is willing to accept the plea bargain offer of Maruhom. For its part, the anti-graft court allowed the plea bargaining agreement.
Plea bargaining is a process of negotiation between the prosection and an accused for the latter to plead guilty to a lesser offense for a lighter penalty. The plea bargaining needs the approval of the court.
"While it is well established that a defendant has no constitutional right to plea bargain, the court must defer to prosecution's determinations over who to prosecute when it comes to giving consent to plea bargaining proposals. This is especially true when there is no showing that the plea bargaining deal was entered into with ill motive or bad faith, as in this case," the Sandiganbayan said.
The anti-graft court said that Maruhom has in her favor the mitigating circumstance of the voluntary plea of guilty, since the change of plea was made prior to the presentation of evidence by the prosecution. This is why she was imposed the penalty of P5,000, it said.
Seventh Division Chairperson Associate Justice Zaldy V. Trespeses wrote the 10-page decision with the concurrence of Associate Justices Georgina D. Hidalgo and Presiding Justice Amparo M. Cabotaje-Tang.
The other BI officials included in the charge before the Sandiganbayan are Deputy Commissioner Marc Red A. Mariñas, Senior Immigration Officer Grifton San Pedro Medina, Senior Immigration Officer Erwin S. Ortañez, Senior Immigration Officer Glenn Ford S. Comia, Senior Immigration Officer Immigration Officer III Benlando "Bien" J. Guevarra, Senior Immigration Officer Immigration Officer III Danieve "Den" H. Binsol, Senior Immigration Officer Immigration Officer III Deon "Nancy" Carlo Garcia Albao,
Senior Immigration Officer Immigration Officer III Arlan Edward D. Mendoza, Senior Immigration Officer Immigration Officer III Anthony "Al" D. Lopez, Senior Immigration Officer Cecille Jonathan P. Orozco, Supervising Immigration Officer Francis Dennis T. Robles, 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 II Gabriel Ernest "Gabe" M. Estacio, Immigration Officer I Ralph Ryan "RG" M. Garcia, Immigration Officer 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 I Clint John Q. Simene, 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, Immigration Officer III Er German T. Robin, 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, and Administrative Assistant VI Cathy Devela Cu.