Sandigan affirms plunder case vs Sombero

MANILA, Philippines — The Sixth Division of the Sandiganbayan has affirmed the validity of the plunder case against retired police officer Wenceslao “Wally” Sombero Jr. in connection with the alleged extortion of P50 million from Macau-based gambling tycoon Jack Lam in 2016.

In a resolution promulgated on June 29, released to the media yesterday, the court found no merit in Sombero’s motion to dismiss the case on the ground of the prosecution’s supposed failure to specify in the the case information sheet the series or combination of criminal acts that he allegedly committed in conspiracy with the two other accused, former Bureau of Immigration commissioners Al Argosino and Michael Robles, which constitute a plunder offense.

“The amended information in the present case alleges that accused Argosino and Robles repeatedly received or collected a sum of money on two instances, in consideration for their intervention and assistance in the release of Chinese nationals arrested and detained at Fontana Leisure Parks and Casino in Pampanga,” the court’s ruling read.

“Applying the ruling in the aforecited case, each instance of receiving or collecting a sum of money constitutes a separate act. Hence, the amended information in the case at bar alleges the commission of acts in series,” it added.

Filed by the Office of the Ombudsman on March 23, the case stemmed from Argosino and Robles’ alleged receipt of a total of P50 million in bribes from Lam in exchange for the release of 1,316 Chinese nationals 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 case information sheet, which the prosecution amended on May 4, the bribe money was received by Argosino “in conspiracy with” Robles on Nov. 27, 2016 in two tranches – the first one amounting to P20 million was supposedly received at about 2 a.m. and the second tranche at 5:45 a.m.

The ombudsman said the handing of the bribe money took place at the City of Dreams Hotel and Casino in Parañaque and was facilitated by Sombero, who was then the president of Asian Gaming Service Providers Association Inc. (AGSPA).

The Sixth Division had earlier denied the respective motions of Argosino and Robles seeking the dismissal of the case. 

The court set the pretrial of the case on July 13, during which the prosecution and the defense are expected to submit their respective lists of evidence and witnesses they intend to present during the trial proper.