De Lima stands by decision to deport Taiwanese nationals

MANILA, Philippines - The Department of Justice (DOJ) resolutions dismissing the criminal charges against the 14 Taiwanese fraud suspects deported to China may have come as a surprise, but Secretary Leila de Lima is standing firm on her decision to order their deportation last month.

De Lima defended her decision, insisting that the clearing of the 14 Taiwanese and 10 Chinese nationals does not make their deportation to Beijing improper.

“If you will ask me if I am standing by my decision to deport them, I am standing by that decision,” she told reporters in an ambush interview.

She explained that the filing of charges against the 24 was “not an issue in the deportation.”

The DOJ chief explained that the deportation, which angered Taiwan, was based on a request from Beijing which had issued arrest warrants against the 24 in connection with $20-million online fraud cases.

She said the government also had to summarily act on the deportation request after the 24 failed to present travel documents or even IDs, which made them undocumented and undesirable aliens who should be sent back to their country under Philippine Immigration laws.

“Deportation is intended to be summary,” she reiterated.

She also said that the DOJ resolutions only proved her point that the 24 fraud suspects could not be prosecuted here since the evidence and the victims were in China.

“It (DOJ decision) will not factor in their prosecution in China. Besides, cases like that – syndicated estafa – are a big deal there,” she clarified.

De Lima admitted, however, that she was not aware of the ongoing preliminary investigation against the 24 aliens in the DOJ when she ordered their deportation.

She explained that she never meddles in cases under preliminary investigation since her office is tasked to review prosecutors’ resolutions.

“I was also shocked (by the resolutions). I think at the time of the deportation, there was no P.I. (preliminary investigation) yet,” she claimed.

But a check with DOJ records showed that the National Bureau of Investigation (NBI) and the Chinese embassy filed charges of syndicated estafa and violation of Republic Act 8484 (Access Devices Regulations Act of 1998) against the 24 persons on Jan. 4.

This means the preliminary investigation of the DOJ was ongoing for about a month when the 24 were deported to China last Feb. 2.

Asked if the DOJ ruling would bolster the claim of the Taiwanese government that the deportation was hasty, the DOJ chief admitted, “that may be an issue.”

The deportation was also in disregard of a writ of habeas corpus issued by the Court of Appeals in favor of six of the Taiwanese.

Acting City Prosecutor Gerard Gaerlan said that apart from lack of sufficient evidence, the arrest of nine of the Taiwanese on Dec. 27 last year as well as the seizure of items from them would not stand up in court since the warrant presented by the NBI in the raids was flawed as it did not specify the exact address of the subjects.

“After a careful evaluation of the records of this case, the undersigned investigating prosecutor finds the evidence presented by the complainant insufficient to establish probable cause against herein respondents for the crime charged,” the DOJ resolution signed by Gaerlan read.

For the investigating prosecutor, the arrests and seizure should fall under the “fruits of the poisonous tree” doctrine in criminal law.

“I had no way then of knowing that the validity of arrest would become an issue… That issue might reach my table,” De Lima said.

The DOJ secretary explained that the resolutions are still subject to appeal, meaning they can become pending if the NBI files a motion for reconsideration.

In resolutions issued Thursday, the DOJ said it found no probable cause to indict the deported Taiwanese and Chinese nationals.

NBI operatives seized several computers and other electronic devices during simultaneous raids in Makati and Muntinlupa cities on Dec. 27 last year.

But the DOJ explained that mere possession of the seized items did not mean the suspects were involved in computer fraud operations.

“Despite opportunity given the complainant during preliminary investigation, they still failed to substantiate their complaint by submitting additional evidence to prove that respondents were utilizing the seized items in violation of RA 8484,” the DOJ ruling stressed.

The 14 Taiwanese deported to Beijing are: Tsou Chi-Feng, Lin Te-Kuei, Chuang Chao Shan, Liu Kuei-Yun, Fan Ming-Fu, Lee Hsiang-Pin, Lin Ying Chang, Wang Chun-Hsiang, Kung Ying Pin, Lin Chih-Chiang, Tai Yao-Pin, Chen Chia Hsiang, Chen Ho-Yang and Li Yuan-Hsing.

The 10 mainland Chinese are: Peng Yuxue, He Cong, Liu Yan, Feng Zehang, Peng Jinxing, Liang Feng, Tang Xian Hua, Wang Mingxia, Weng Jialu and Xue Yushan.

‘Appropriate actions’

The government would take “appropriate actions” once authorities, particularly the DOJ, decide on the case of the 14 deported Taiwanese with finality, Malacañang said yesterday.

“When the process is complete, we will take appropriate action, whatever that action may be,” Presidential Communications Development and Strategic Planning Office Secretary Ricky Carandang said.

He said there was still a presumption of regularity on the part of Philippine authorities at present.

“There is an investigation ongoing to determine if there were those who really committed mistakes. Until that investigation is complete, and until the facts are fully established, then our position will not change,” Carandang said. – With Aurea Calica