DOJ clears 3 BI executives in anomalous release of American terrorist

MANILA, Philippines - The Department of Justice (DOJ) dismissed Friday an administrative complaint against three officials of the Bureau of Immigration (BI) for the allegedly anomalous release and deportation of a Vietnam-born American terrorist.

In a resolution dated March 10 but signed by Justice Secretary Raul Gonzalez last Friday, BI Assistant Commissioner Teodoro Delarmente, acting legal division chief Benjamin Kalaw, and physician Elsie Lobrin were cleared of charges of grave misconduct and gross neglect of duty in relation to the supposedly special treatment given Vihn Nguyen Tan, alias Vo Van Duc.

Delarmente was accused of signing three medical passes for Tan in May and April 2005 that did not have the necessary recommendation from the bureau’s physician. He also allegedly violated BI regulations by allowing Tan to stay at the Cherry Blossoms Hotel in Ermita, Manila after the medical checkups.

Tan reportedly left the country that same year. 

In October 2007, a Thai court sentenced Tan to 12 years in prison for plotting to bomb the Vietnamese embassy in Thailand in 2001. He was extradited to Thailand from the US in December 2006 upon the request of the Thai government.

No evidence

According to an investigation conducted by a DOJ panel led by Assistant Chief State Prosecutor Richard Fadullon, there was no evidence to prove Delarmente’s liability.

“Nothing on record shows that he allowed, or even knew about, the stay of Vo Van Duc in a hotel during the period covered by the medical pass,” the panel said.

Kalaw was accused of serious neglect of duty for allegedly losing case folders of Tan in his custody.

“The record is bereft of any showing that Kalaw was informed of or had any hand in the processing and approval of Tan’s deportation, or was in possession of the files when they were discovered to be ‘missing,’” the prosecutors said.

As for Lobrin, the DOJ panel also junked the allegation that she failed to validate or affirm the medical passes issued to Tan, also because of lack of evidence.

DOJ blames cops

The DOJ, however, found Marcelino Agana, who escorted Tan from the BI detention center in Taguig City, guilty of gross misconduct, conduct prejudicial to the best interest of the service and gross neglect of duty for allowing Tan to stay at the Cherry Blossoms Hotel after the medical checkups.

“It appears that he consented the decision of Tan, a detainee he was escorting, to proceed to the said hotel instead of bringing him back to the detention center. To make matters worse, he blindly followed the patently illegal order of Supt. Wendy Rosario to turn over Tan to BI confidential agent Joselito Pagaduan, who even refused to sign the document,” the resolution stated.

The panel has recommended Agana’s dismissal from service and stated that Rosario and another police official, Supt. Noel Espinoza, may be held liable for Tan’s highly questionable deportation.

In August 2005, alleged anomalies in Tan’s deportation was exposed by then Surigao Rep. Ace Barbers in a privilege speech. – Edu Punay