Lantin, John Lester C.

Page 1 of 8
JD 1-4
Legal Techniques and Logic
Atty. Jesus Malcolm G. Madriaga
Plunder and Graft Charges Against Bureau of Immigration Commissioners

LEGAL MEMORANDUM

TO: Atty. Jesus Malcolm G. Madriaga

FROM: John Lester C. Lantin
RE: Bureau of Immigration Deputy Commissioners Argosino
and Robles Charged of Plunder and Graft
DATE: January 5, 2017

FACTS:

These are complaints filed by Wally Sombero (Sombero) and

Charles Calima (Calima) with the Office of the Ombudsman against Al
Argosino (Argosino) and Michael Robles (Robles) who allegedly tried
to extort money from Jack Lam (Lam).

Argosino and Robles are Bureau of Immigration (BI) Associate

Commissioners who were relieved from their post. They admitted that
they received money from Jack Lam, through Sombero, in the amount
of Php50,000,000.00 in order to gather evidence against Jack Lam
involving his illegal gambling operations.

Sombero is a former policeman and alleged representative of

gambling tycoon, Jack Lam. In his complaint, Sombero accused the BI
executives of graft for extorting Jack Lam. Calima, on the other hand,
is a former BI Intelligence Chief who accused Argosino and Robles of
plunder in connection also with the Php50,000,000.00 bribery scandal
being linked to them and the gambling tycoon.

Over 1,300 supposedly undocumented Chinese workers were

arrested in Lams online gambling casino at his Fontana Leisure Parks
and Casino in Clark, Pampanga. The BI arrested the Chinese nationals
last November 24, 2016 on charges of overstaying and other violations
of immigration laws.1

In a column written by Ramon Tulfo, he revealed that the two BI

officials extorted P50 million in exchange for the release of 600 of the

1
Plunder raps filed vs BI execs in casino bribe, PHILSTAR.COM, December 23, 2016,
http://www.philstar.com/headlines/2016/12/23/1656140/plunder-raps-filed-vs-bi-execs-casino-bribe
Lantin, John Lester C. Page 2 of 8
JD 1-4
Legal Techniques and Logic
Atty. Jesus Malcolm G. Madriaga
Plunder and Graft Charges Against Bureau of Immigration Commissioners

1,300 Chinese nationals illegally working at Lams resort.2 Video

footages showed Sombero and the two Commissioners received paper
bags containing the alleged extortion money in a casino mall in
Paranaque.

The executives denied the allegations but confirmed that they

were the persons in the video and reasoned that they have accepted
the money as evidence of corruption in the Bureau of Immigration and
as part of an entrapment operation. They claimed that they were
framed and accused Sombero of colluding with Immigration
Intelligence Chief Charles Calima to set them up. They then returned
the P30 million and said that the P18 million is with Calima, who they
accused of blackmailing them, and the remaining P2 million is with
Sombero as his cut in the deal.

Complainants then argued that the admission of the Immigration

officials that the November 27 meeting was part of a case build-up on
Lams alleged corrupt activities was a propaganda, coming only three
days after the alleged extortion came out in the news.3 They also doubt
that it was an entrapment operation because of the presence of only
two Immigration officers at the scene.

The two immigration Commissioners then filed a case against

Jack Lam, his interpreters Ng and Yu, and Sombero and Calima for
corruption of public officials and violation of the Anti-Wiretapping law
before the Paranaque Prosecutors Office last December 13, 2016.4 On
December 16, 2016, Sombero then filed a graft complaint at the Office
of the Ombudsman against Argosino and Robles, both of whom
allegedly extorted money from gambling tycoon Jack Lam.5 Also, on
December 21, 2016, Calima filed a criminal complaint for plunder
against the two Immigration Assistant Commissioners in connection

2
2 BI execs admit receiving P48M from Jack Lam, INQUIRER.NET, December 13, 2016,
http://newsinfo.inquirer.net/853182/2-bi-execs-admit-receiving-p48m-from-jack-lam
3
Sombero camp may file raps vs. Immigration execs until Friday, GMANETWORK.COM, December 15,
2016, http://www.gmanetwork.com/news/story/592527/news/nation/sombero-camp-may-file-raps-vs-
immigration-execs-until-friday
4
2 BI execs admit receiving P48M from Jack Lam, INQUIRER.NET, December 13, 2016,
http://newsinfo.inquirer.net/853182/2-bi-execs-admit-receiving-p48m-from-jack-lam
5
Sombero files graft complaint vs BI execs in extort try, INQUIRER.NET, December 16, 2016,
http://newsinfo.inquirer.net/853182/2-bi-execs-admit-receiving-p48m-from-jack-lam
Lantin, John Lester C. Page 3 of 8
JD 1-4
Legal Techniques and Logic
Atty. Jesus Malcolm G. Madriaga
Plunder and Graft Charges Against Bureau of Immigration Commissioners

with a P150 million extortion attempt before the Office of the

Ombudsman.6

ISSUE:

Whether or not Argosino and Robles are guilty of plunder and

graft.

DISCUSSION:

Bureau of Immigration Associate Commissioners Al Argosino

and Michael Robles are not guilty of graft and plunder.

The complaint for plunder of Calima is untenable. In the case of

Estrada v. Sandiganbayan7:

It is written, the Plunder Law contains ascertainable standards

and well-defined parameters which would enable the accused
to determine the nature of his violation. Section 2 is sufficiently
explicit in its description of the acts, conduct and conditions
required or forbidden, and prescribes the elements of the crime
with reasonable certainty and particularity. Thus

1. That the offender is a public officer who acts by himself

or in connivance with members of his family, relatives by
affinity or consanguinity, business associates,
subordinates or other persons;

2. That he amassed, accumulated or acquired ill-gotten

wealth through a combination or series of the following
overt or criminal acts: (a) through misappropriation,
conversion, misuse, or malversation of public funds or
raids on the public treasury; (b) by receiving, directly or
indirectly, any commission, gift, share, percentage,
kickback or any other form of pecuniary benefits from
any person and/or entity in connection with any
government contract or project or by reason of the office
or position of the public officer; (c) by the illegal or
fraudulent conveyance or disposition of assets
belonging to the National Government or any of its
subdivisions, agencies or

6
Plunder case filed vs 2 ex-BI execs. JOURNAL.COM.PH, December 22, 2016,
http://www.journal.com.ph/news/top-stories/plunder-case-filed-vs-2-ex-bi-execs
7
Estrada v. Sandiganbayan, G.R. No. 148560, November 19, 2001
Lantin, John Lester C. Page 4 of 8
JD 1-4
Legal Techniques and Logic
Atty. Jesus Malcolm G. Madriaga
Plunder and Graft Charges Against Bureau of Immigration Commissioners

instrumentalities of Government owned or controlled

corporations or their subsidiaries; (d) by obtaining,
receiving or accepting directly or indirectly any
shares of stock, equity or any other form of interest or
participation including the promise of future employment
in any business enterprise or undertaking; (e) by
establishing agricultural, industrial or commercial
monopolies or other combinations and/or
implementation of decrees and orders intended to benefit
particular persons or special interests; or (f) by taking
advantage ofofficial position, authority, relationship,
connection or influence to unjustly enrich himself or
themselves at the expense and to the damage and
prejudice of the Filipino people and the Republic of the
Philippines; and,

3. That the aggregate amount or total value of the ill-gotten

wealth amassed, accumulated or acquired is at least
P50,000,000.00.

Assuming arguendo that the first and second elements are

present in the case at bar, the third element is missing. The offenders,
both BI Commissioners, are public officers who acted in connivance
with Sombero. The second element was also satisfied. They acquired
ill-gotten wealth through a combination of series of overt or criminal
acts by directly receiving money from Sombero for the release of the
detained Chinese illegal workers of Jack Lam. However, the third
element was not satisfied. The total value of ill-gotten wealth acquired
by them was just P30 million. Assuming it includes the P18 million they
gave to Calima, they were only able to obtain P48 million from
Sombero from the start. The remaining P2 million they received was
with Sombero. The amount involved was less than P50 million. Thus,
making both Argosino and Robles not liable for plunder.

The complaint for graft filed by Sombero against Argosino and

Robles are also without merit. In Jacinto v. Sandiganbayan8, the
elements of graft are:
x x x
1. The accused must be a public officer discharging
administrative, judicial or official functions;

8
Jacinto v. Sandiganbayan, G.R. No. 84571, October 2, 1989.
Lantin, John Lester C. Page 5 of 8
JD 1-4
Legal Techniques and Logic
Atty. Jesus Malcolm G. Madriaga
Plunder and Graft Charges Against Bureau of Immigration Commissioners

2. He must have acted with manifest partiality, evident bad

faith or inexcusable negligence; and

3. That his action caused any undue injury to any party,

including the government, or giving any private party
unwarranted benefits, advantage or preference in the
discharge of his functions.

Again, assuming arguendo, the first and third elements of graft

were satisfied from the facts. However, the second element is clearly
absent. The offenders, both BI Commissioners, are public officers
discharging administrative, judicial and official functions. The third
element was also clear. The actions of the BI Commissioners caused
undue injury to the government, due to the scandal it created and
unwarranted benefits to private persons.

As for the second element, Argosino and Robles did not act with
manifest partiality, evident bad faith or inexcusable negligence. They
acted in good faith and in accordance with their functions and duties

Under the Philippine Immigration Act of 1940, as amended9, the

general functions of the Bureau of Immigration are:

1. Act as the primary enforcement arm of the Department of Justice

and the President of the Philippines in ensuring that all foreigners
within its territorial jurisdiction comply with existing laws.

2. Assist local and international law enforcement agencies in

securing the tranquillity of the state against foreigners
whose presence or stay may be deemed threats to national
security, public safety, public morals and public health.

3. Act as chief repository of all immigration records pertaining to

entry, temporary sojourn, admission, residence and departure of
all foreigners in the country.

Also, in the discharge of its general functions, the Bureau through

its Board of Commissioners, exercise administrative and quasi-judicial
powers over the:

9
Commonwealth Act No. 613, The Philippine Immigration Act of 1940
Lantin, John Lester C. Page 6 of 8
JD 1-4
Legal Techniques and Logic
Atty. Jesus Malcolm G. Madriaga
Plunder and Graft Charges Against Bureau of Immigration Commissioners

1. Regulation of the entry (arrival), stay (sojourn), and exit

(departure) of foreign nationals in the country;
2. Monitoring of the entry and exit of Filipino citizens in compliance
with Philippine laws and other legal procedures;

3. Issuance of immigration documents and identification

certifications on non-immigrant, immigrant and special non-
immigrant visas;

4. Issuance of special permits in relation to the enforcement of

immigration laws (e.g. Special Work Permit (SWP), Provisional
Permit to Work (PPW), Special Study Permit (SSP), re-entry
permits, clearances, etc.);

5. Extension of stay of temporary visitors and implementation of

changes of status as provided by law;

6. Administrative determination of citizenship and related status;

7. Investigation, hearing, decision and execution of orders

pertaining to exclusion, deportation, and repatriation of foreign
nationals;

8. Implementation of Hold Departure Orders, Blacklist, Watch list,

Immigration Lookout Bulletin Orders and Alert List Orders;

9. Cancellation of immigration documents upon violation of

immigration laws and procedures;

10. Investigation, arrests and detention of foreigners in

violation of immigration regulation and other Philippine
laws;

11. Accreditation of schools and learning institutions that can

officially accept and enroll foreign students; and

12. Accreditation of law firms, liaison officers, travel agencies and

other individuals and organizations transacting with the Bureau
of Immigration.
Lantin, John Lester C. Page 7 of 8
JD 1-4
Legal Techniques and Logic
Atty. Jesus Malcolm G. Madriaga
Plunder and Graft Charges Against Bureau of Immigration Commissioners

Jack Lam, through the perpetual license he obtained from the

first Aquino administration, the one percent (1%) tax charged to him in
his gaming operations and the series of events that showed a
continuing link of corruption involving him, it is assumed that he is
worthy of an investigation by the Bureau of Immigration. As per the
testimony of the accused, they were conducting an entrapment
operation in the said hotel to gather evidence against Lam. Immigration
officers are allowed to investigate foreigners in violation of immigration
regulation and other Philippine laws in order to secure the tranquillity
of the state against foreigners whose presence are threats to the
national security.

Sombero then questioned why the Immigration officials only

admitted, three days after the alleged extortion came out in the news,
that it was an investigation. The accused was clearly blackmailed by
Calima by playing a recording of an alleged wiretapped conversation
that transpired in the City of Dreams between Sombero and the two
Commissioners. It could be attested by the fact that Calima got the
highest amount of money among the involved.

Complainant also argued that it was not an entrapment due to

the fact that they are only two. And given that it was an entrapment,
they could have easily arrested Sombero. The accused were quick to
refute that claim. Entrapment is the employment of such ways and
means for the purpose of trapping or capturing a lawbreaker10. No
number of persons is required to conduct an entrapment. The fact that
they are only two clearly shows that they have to be careful in order
not to be discovered and to successfully entrap the suspect. Also, they
could have easily arrested Sombero but opted not to pursue it because
there are no signs of Jack Lam, the person they are trying to entrap.

The accused were only performing their functions when they

were tried to be framed-up by Sombero, Calima and Lam. They were
not born yesterday. They know that there were plenty of cameras
inside the casino hotel. The fact that they chose to put theirselves in
the City of Dreams shows that they are in good faith when they made
such actions. The fact that they admitted that they were the ones in the
pictures shows that they believe that they are innocent. They are the

10
People v. Gatong-O, G.R. No. 78698, December 29, 1988
Lantin, John Lester C. Page 8 of 8
JD 1-4
Legal Techniques and Logic
Atty. Jesus Malcolm G. Madriaga
Plunder and Graft Charges Against Bureau of Immigration Commissioners

only person who managed to gather evidence against Jack Lam. They
were the only one who were able to expose that there was indeed
payoffs in the Bureau of Immigration. They are the victims in here.
The case against them should be dismissed.

CONCLUSION:

Bureau of Immigration Associate Commissioners Al Argosino

and Michael Robles are not guilty of graft and plunder. The alleged
receipt of extortion money in exchange for the release of the Chinese
workers against them is without merit. They acted in good faith in the
discharge of their duties and in the performance of their functions. The
receipt of money was part of an investigation conducted against Jack
Lam in his involvement to corruption.

Sombero, Calima and Lam should be guilty in colluding in setting

up Argosino and Robles. The money is a strong evidence against Jack
Lam. It also showed that there was payoffs in the Bureau of
Immigration through Calima. They were the only persons who
managed to obtain evidence against Jack Lam and the ongoing
corruption in the Bureau of Immigration. They should be praised for
their honesty and bravery not scrutinized based on the accusations of
Sombrero, the person who attempted but failed to bribe Aguirre to be
Lams godfather.