Ombudsman orders dismissal of BI exec, agent over 2004 arrest of Chinese

MANILA, Philippines – The Ombudsman yesterday ordered the dismissal of a high-ranking official and an agent of the Bureau of Immigration (BI) for the illegal arrest of a Chinese national in 2004.

Ordered dismissed were BI Intelligence Division chief lawyer Faizal Hussin and intelligence officer Ansari Maca-ayan for “violating rules and regulations” when they arrested Li Yong Cheng on June 26, 2004.

Acting Ombudsman Orlando Casimiro also directed the cancellation of eligibility, forfeiture of retirement benefits, and absolute disqualification from holding public office of both Hussin and Maca-ayan.

Hussin said he would file a motion for reconsideration, adding that he received the notice of dismissal from the Ombudsman only last July 4.

“Under the rules, I am given 10 days to file a motion for reconsideration. The decision of the Office of the Ombudsman is not supplied with evidence,” he said as he vowed to avail himself of all legal processes.

Hussin said he would give the Ombudsman time to review his case before bringing the matter to the courts.

In a 41-page consolidated decision, Casimiro upheld the findings of graft investigators that the arrest of Li for being an undocumented alien and suspected drug dealer was carried out without the necessary mission order from the BI commissioner and in violation of a standing circular.

“Records undoubtedly reveal enough reasons to convince us that the arrest made upon the person of Li Yong Cheng violated certain rules and regulations,” the Ombudsman said.

He also stressed that the arrest was carried out on a Saturday, which was in violation of a standing circular issued by then Immigration Commissioner Andrea Domingo which stated that “no commitment order shall be issued on a Friday or any non-working day, unless extremely necessary and only upon order of the commissioner.”

In his counter-affidavit, Hussin said he issued a written instruction to Maca-ayan to verify the Chinese’s documents. Li Yong Cheng was arrested after he failed to present a passport or any valid travel document.

The BI official explained that “the arrest of Li Yong Cheng was a product of discreet surveillance conducted by Agent Maca-ayan.”

Maca-ayan, in his defense, said they conducted the operation on a Saturday since “it was on that day when the subject had drug transactions as per our informant.”

But the Ombudsman junked such claims, saying the admission of the respondents that the surveillance was ongoing “for the past days” should have given them ample time to secure the required mission order prior to the arrest.

Casimiro said the BI official and agent also failed to substantiate their allegation that “subject was in continuous violation of immigration laws because of his involvement in illegal drug activities using as front his electrical supply business.”

“Their argument that their basis for doing so was the said warning all the more persuades our thinking that it was so issued with the intent to give it a semblance of a mission order,” said the Ombudsman.