The Philippines does not have an extradition request for Aquino, said Michael Drewniak, a spokesman for the US Attorney’s Office.
Federal Bureau of Investigation agents arrested Aquino, an aide of Sen. Panfilo Lacson when he was Philippine National Police chief, along with Filipino-American Leandro Aragoncillo, an FBI intelligence analyst and former US Marine, for allegedly stealing "highly classified" material stored in computers at an FBI office.
They were arrested Saturday at their homes.
At Malacañang, Executive Secretary Eduardo Ermita said the government had no prior knowledge of the FBI operation against Aquino and Aragoncillo.
"As far as the Philippine government is concerned, we’ll just monitor this," he said.
"Let’s see how serious the offense for which he was arrested is. Definitely, we had no prior knowledge. I got this from a text message. I was surprised."
Ermita said the last time the government had concerned itself with Aquino was when US authorities asked the Philippines a few months ago whether there was a pending case against the ex-police officer.
Being a Filipino citizen, the government would extend legal assistance to Aquino, he added.
Meanwhile, the Department of Foreign Affairs confirmed yesterday that Aquino had been arrested and charged in court in the United States.
Quoting Consul General to New York Cecilia Rebong, Foreign Affairs spokesman Gilberto Asuque said that Aquino was arrested last September 10 and was brought to court two days after.
Rebong reported that Aquino had not yet entered a plea since he had not been arraigned, he added.
Asuque said Rebong reported that Aquino was in court without a lawyer and was provided with one by the judge.
Prosecutors did not inform the consulate about Aquino’s arrest "because of the covert and sensitive nature of the case," Asuque quoted Rebong as saying.
Aquino and Aragoncillo were charged with conspiracy to defraud the US government and acting as an unregistered agent of a foreign government.
The charges carry a maximum sentence of 15 years in prison and a $500,000 fine.
Aragoncillo was also charged with unauthorized use of a government computer to obtain and transmit classified information, which carries a maximum sentence of 10 years in prison and a $250,000 fine.
Aquino, 39, and Aragoncillo, 46, were ordered held without bail following an appearance before US Magistrate Patty Shwartz on Monday.
Aquino, a small man with glasses and a button-down plaid shirt, showed little emotion.
He, like Aragoncillo, a taller, athletic-looking man with a buzz-cut and jeans and a T-shirt, spent most of the hearing looking at the floor.
Aragoncillo retired honorably as gunnery sergeant in September 2004 after 21 years in the US Marine Corps.
Wearing blue jeans and a T-shirt, with closely cropped hair, he stood nearly at attention during his brief court appearance.
US Attorney Christopher Christie said there was no evidence that the Arroyo administration was involved, but declined to say if the suspects were in contact with opposition factions.
"Crimes like these strike at the heart of our national security," he said. "These defendants will face the full weight of federal prosecution."
Christie would not say what motivated the suspects.
At a joint news conference with Christie following the arraignment, Leslie Wiser Jr., the special agent in charge of the FBI’s New Jersey operations, said: "The arrests of Leandro Aragoncillo and Michael Ray Aquino affirm the FBI’s commitment to apprehending those who would seek to reveal classified information to foreign nationals."
It is "disheartening" that one the bureau’s workers would face such charges, he added.
The FBI suspended Aragoncillo, a naturalized US citizen, on Monday.
After his arrest, Aragoncillo "essentially admitted that he took classified information," according to Assistant US Attorney Karl Buch.
Buch said Aragoncillo had $500,000 in debts, mostly payments on rental properties, and that Aquino had been investigated in the Philippines in connection with a conspiracy to murder two people.
Aquino is a suspect in the killing of publicist Salvador "Bubby Dacer and his driver, Emmanuel Corbito.
Aragoncillo, who worked at a New Jersey Army base, sent some of the material to Aquino, who now lives in Queens, New York, according to an FBI complaint made public Monday.
Specifics about the classified information were not revealed in the complaint which, nonetheless, gave some clues as to the nature of the pair’s efforts.
In an e-mail that Aquino sent Jan. 2 to an unnamed "high-level" government official, Aquino said that Aragoncillo "wants to talk to you" and give you some updates on the political situation in the country.
"He claimed that a change in leadership is boiling and that it is just a matter of time," Aquino wrote, according to the complaint.
Aragoncillo was hired to work at Fort Monmouth in July 2004 and began sending classified information and documents in January, according to the FBI complaint.
Investigators found that from May to Aug. 15, Aragoncillo printed or downloaded 101 classified documents relating to the Philippines,of which 37 were classified "secret," the complaint said.
The probe by immigration authorities began after Aquino was arrested in March, accused of overstaying the tourist visa with which he entered the US in July 2001.
He had been free on bail.
Aragoncillo met with immigration officials to inquire about the arrest of Aquino, which prompted a review of his work at Fort Monmouth, an Army base on the central New Jersey coast, the complaint said.
Federal prosecutors and the FBI used phone taps and surveillance, and monitored computers and e-mail accounts as part of the eight-week investigation.
NBI Director Reynaldo Wycoco yesterday said that based on the information they gathered from their sources, the FBI would also be including the three others in their charge sheet.
"This is still an FBI activity, and I have no idea as to who are these three other persons and we would not take any action unless we are requested by the FBI," he said.
"Their identities would only be revealed once they have been indicted since the charges would be at that time public records, or when an arrest warrant has been issued against them."
Wycoco said the FBI would act swiftly on the cases and that the names of the three would be revealed soon.
"Normally before extraditing he would have to serve his sentence unless something else happens," he said. "But it is also possible that he would be extradited without having to serve his sentence."
Sen. Francis Pangilinan said he wants to know why Aquino was involved in gathering information about the Philippines from the FBI.
"I am sure, if he was involved in espionage activities, from whom he was doing it, for what purpose, who was prodding him to do it are questions that would be of interest in the Senate, in our committee of national defense and security," he said.
"Once we get more information, then we can look into how this may relate to nation defense matters and national security matters.
"The Philippines and the United States have different laws on
espionage... If he had (committed) acts that violated their (US) laws, he should be responsible for this."
The lawmakers are Representatives Douglas Cagas of Davao del Sur, Exequiel Javier of Antique, Edwin Uy of Isabela) and Eduardo Veloso of Leyte.
Javier said Aquino’s arrest confirms the destabilization efforts against the government by the opposition.
"What was Aquino’s purpose in spying against the Arroyo government?" he said
"Who is this unidentified official? Was it Senator Lacson? What was this information and how was it used? I don’t think Mr. Aquino used this to just to make a scrapbook. Definitely, this information was stolen and put to a nefarious use.
"Aquino’s illegal activities in the US only goes to show that the opposition is really navigating malevolent and dangerous waters."
Uy said the NBI should find out who paid off Aragoncillo to pass along to Aquino vital documents about the government.
"Certainly, the classified documents were for sale," he said. "Who provided the money to Aquino to pay off Aragoncillo? Large sums of money may have been involved for the conspiracy."
Veloso said only the opposition would have a keen interest in these anti-government activities.
"Ping should explain about the involvement of his top aide in the conspiracy," he said.
"Why would Aquino be so interested in availing himself of classified information about the government? Certainly, someone or a group is behind him." — With reports from Paolo Romero, Marvin Sy, Pia Lee-Brago in New York, Evelyn Macairan, Chrstina Mendez, AP