MANILA, Philippines — The Sandiganbayan has affirmed the validity of the plunder case against former Bureau of Immigration (BI) commissioner Al Argosino in connection with the alleged extortion of P50 million from Macau-based gambling tycoon Jack Lam in 2016.
In a resolution promulgated on May 29 and released to the media yesterday, the court’s Sixth Division found no merit in Argosino’s argument that the case must be dismissed as the prosecution supposedly failed to allege in the case information sheet the series or combination of criminal acts that he and his two other co-accused, former BI commissioner Michael Robles and retired police officer Wenceslao “Wally” Sombero Jr., supposedly committed which constitute a plunder offense.
“Applying the ruling in the aforecited case, each instance of receiving or collecting a sum of money constitutes a separate act. Hence, the information in the case at bar alleges the commission of acts in series,” the ruling penned by division chair Associate Justice Sarah Jane Fernandez read.
Filed by the Office of the Ombudsman on March 23, the case stemmed from Argosino and Robles’ alleged receipt of P50 million in bribes from Lam in exchange for the release of 1,316 Chinese working at Lam’s Fontana Leisure Parks and Casino in Clark, Pampanga.
The Chinese were arrested by the BI on Nov. 24, 2016 on charges of overstaying and other violations of immigration laws.
Based on the charge sheet, the bribe was received by Argosino and Robles on Nov. 27, 2016 in two tranches –P20 million at about 2 a.m. and the remainder at around 5:45 a.m. – at a hotel in Parañaque and was facilitated by Sombero who was then the president of Asian Gaming Service Providers Association Inc.
Last week, Argosino and Robles pleaded not guilty to charges of graft, direct bribery and violation of Presidential Decree 46, which prohibits public officials from receiving gifts or money from a private person.
Sombero has yet to be arraigned as he remains confined at the Veterans Memorial Medical Center in Quezon City due to various illnesses, including thrombosis.
Argosino and Robles have been detained at the Quezon City Jail Annex in Camp Bagong Diwa since the filing of the cases.