CA upholds suspension of immigration employee

CEBU, Philippines - The Court of Appeals has upheld the decision of the Office of the Ombudsman-Visayas finding an employee of the Bureau of Immigration guilty of the administrative complaint and meting the latter the penalty of six months suspension.

The CA 18th division, in a decision penned by Associate Justice Renato Francisco, dismissed for lack of merit the petition for review filed by Ansari Maca-ayan.

“It is evident that in this case, petitioner’s guilt of committing a conduct prejudicial to the best interest of the service by fraternizing with private respondent who was a subject of summary deportation order issued by the BI is supported by substantial evidence. As correctly pointed out by the Ombudsman, the fact that petitioner is in possession of the original receipts issued to him by the hotel creates a presumption that he had dealings with private respondent,” the decision read.

Maca-ayan along with lawyer Faizal Hussin, Hadji Israel Abdullah, Andrian Mangondato, all of BI Main Office in Manila, and Montor Dino and Mar Sabdulah of BI Cebu, were charged by Indian National Sujit Singh before the anti-graft office in the Visayas.

Surjit said that on July 22, 2002, a summary deportation order was issued by the BI Board of Commissioner against him and fellow Indian nationals Major Singh, Jogas Singh, and Davinder Singh.

 However, only Davinder and Major were arrested by BI Cebu and turned over to the Intelligence Division of the BI Manila.

He said it was on December 16, 2004 that he was arrested by Maca-ayan at the arrival area of the Mactan Cebu International Airport.

Surjit said on December 23, 2004, he filed charges against Maca-ayan, Hussin, Israel Abdullah, Mangondato, Dino, and Sabdulah for grave misconduct under Section 3 paragraph (e) of Anti-graft and Corrupt Practices Act, arbitrary detention and incriminatory machination.

He said the arrest was made to put him to shame. While he was detained at the BI office in Mandaue City, Cebu, Maca-ayan allegedly demanded P2 million for his release.

Maca-ayan had a certification issued to him to the effect that he was not subject of a hold departure order. He was also issued a temporary residence visa.

Surjit said that prior to his arrest there were already incidents of extortion committed by Maca-ayan. In fact, he presented receipts showing that he paid the hotel accommodation of the respondent in Cebu on September 19 to 21, 2004.  (FREEMAN)