DOJ orders 4 BI officials to explain deportation of terror suspect

Justice Secretary Raul Gonzalez yesterday ordered four officials of the Bureau of Immigration (BI) led by Assistant Commissioner Jose Cabochan to explain why they should not be charged with graft in connection with their alleged involvement in the questionable deportation of Vietnamese-American and suspected terrorist Vo Van Duc.

Gonzalez issued the order to Cabochan, BI assistant commissioners Teodoro Delarmente and Roy Almoro and lawyer Alex Fernandez during a meeting Wednesday night. Fernandez is the brother and chief of staff of Immigration Commissioner Alipio Fernandez.

"On Monday, I will be issuing suspension orders against seven to eight low level officials of the BI and the Bureau of Jail Management and Penology (BJMP) for causing the release of suspected terrorist Vo Van Duc," Gonzalez said.

He said all the BI commissioners were asked to explain why they should not be charged for graft over their misconduct.

"Investigation on higher officials continue because the matter involves command responsibility," Gozales said, adding that, "they submitted affidavits with conflicting statements. They should also explain why they caused the release, why, prior to the deportation, they even went to a hotel and why they faked the medical certificate of Vo Van Duc."

Gonzalez, who is reviewing the recommendation made by Justice Undersecretary Ernesto Pineda on the matter, said there is also a discrepancy in the affidavit submitted by Cabochan.

Vo Van Duc is a suspected terrorist arrested by Philippine authorities in 2001.

Duc was convicted by the Pasig Regional Trial Court (RTC) for violation of Republic Act 8294, which prohibits the manufacture of explosives and explosive devices.

Two of the ranking BI officials, whose suspension Pineda recommended, have asked Gonzalez to put their suspensions on hold because they are running in the May elections this year.

A source from the DOJ said one of the immigration officials is eyeing a congressional seat in Laguna, while the wife of the other BI official is running for re-election as councilor in Quezon City.

"They said it would look bad if they will have this case hanging on their heads while they are campaigning," the source said.

Gonzalez said they would give the ranking BI officials a chance to explain their sides.

He also said Pineda’s panel has submitted its recommendation, but he declined to go into detail or reveal the names of the two BI officials who were recommended for suspension.

The DOJ began last year its investigation into the illegal release of Vo Van Duc, Vihn Nguyen in real life, a Vietnamese-American national who was reportedly planning to bomb the Vietnamese embassy in Manila when he was arrested in 2005.

Duc is also wanted in Thailand for the failed bombing of the Vietnamese embassy in Bangkok in June 2001 and was tagged in the arson attack on the Vietnamese embassy in London. — Jose Rodel Clapano