In a two-page complaint dated June 12 and filed before the Office of the Ombudsman, a copy of which was obtained by The STAR, Domingo allegedly gave undue benefit to Indian nationals by granting them five-year temporary residence visas (TRVs) without amending the immigration law that only permits a two-year TRV duration.
The complaint was filed by a certain Bonifacio Esguerra of Barangay San Nicolas, San Fernando, Pampanga.
"In granting Indian nationals... TRV(s) for five years of continued stay by a mere memorandum order, Commissioner Domingo has grossly erred and committed graft and corrupt practices acts either by ignorance of the law or by deliberate intention to circumvent the law," the complainant said.
Esguerra claimed that under the Philippine Immigration Act (PIA) of 1940, Indian nationals are only allowed a TRV duration of two years and any amendments to the law require a legislative initiative.
"Moreso, the memo shows subservience to the interest of Indian nationals rather than that of Filipinos. With this, it is implied that the BI commissioner had sold out our national sovereignty," the complainant said.
He also alleged that the agreement is prone to corruption, since, the Indians, who are not aware of the agreement, may be fooled into paying the five-year cash total of his visa fees when, in fact, the deal substantially reduces the amount they are supposed to pay.
When reached for comment, Domingo said the agreement was entered into upon the recommendation of the Department of Foreign Affairs and approved by the Department of Justice.
"We did not do this on our own," Domingo said. "The Indian government first made representation (to our government)," she said, apparently unaware that she is the subject of a lawsuit.
She said the antiquated immigration act contains no provisions on the TRV, which is accepted worldwide, prompting then Immigration Commissioner Miriam Defensor Santiago to set guidelines for their local applications based on the concept of reciprocity.
"We gave this benefit to Indians because they, too, are providing the same benefits to our nationals." TRVs are usually issued to foreign spouses of a country’s citizen.
But, under the PIA, the Philippines and India have no reciprocity agreement and, as such, the latter’s citizens should be considered as "restricted nationals."
Domingo said she does not know anybody by the name of Bonifacio Esguerra, but said his statement could be politically motivated.
"Maybe it’s political. Somebody must have planned this (case) because they know I am going to run for mayor of San Fernando," said Domingo, a former Pampanga congresswoman.