Immigration officer, 3 others cleared of bribery charges

CEBU, Philippines - The court dismissed the criminal case filed against an officer of the Bureau of Immigration in Mandaue City and three others for allegedly demanding money from a Korean national in exchange of permits.

Regional Trial Court Judge Generosa Labra of Branch 23 acquitted immigration officer Dilausan Montor and Mabert Impas, Sr., Daniel Gumba, and Maria Donna Bella Deriada, who work as contractual confidential agents of BI-Mandaue City.

The four were charged for a violation of Section 3(b) of Republic Act 3019, otherwise known as the Anti-graft and Corrupt Practices Act/direct bribery.

Montor and the three others were accused of allegedly demanding and receiving P150,000 from Lee Dong Bum in connection with the issuance of special working permits and special student permits on October 22, 2007.

Supervising agent lawyer Jose Ermie Monsanto of the National Bureau of Investigation-7 said that on the said date, Bum lodged a complaint before their office against Montor for extortion.

A team from the NBI-7 conducted an entrapment operation leading to the arrest of the suspects. They also recovered the buy-bust money from the pocket of one of the suspects.

No inventory was made on the recovered money.

The four has denied the allegations.

After the prosecution rested its case, the defense filed a demurer to evidence, which was denied by the court. The motion for reconsideration was likewise denied by the court.

Labra said the failure of the prosecution to present Bum was “fatal” to their case. The prosecution’s witnesses, Labra added, could not take Bum’s place.

“Without private complainant’s testimony, there is no proof that the accused accepted an offer or promise or received a gift or present...” the judgment further read.

Aside from Bum, Labra said special investigator Florante Gaoiran, who allegedly witnessed the incident inside a café, was not presented nor did the prosecution presented special investigator Arnel Pura who allegedly received the missed call to inform the group that the transaction was already consummated.

Furthermore, Labra noticed that the prosecution failed to establish the chain of custody of the evidence.   (FREEMAN)