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Sunday, December 22, 2024

DoJ clears 30 Chinese in kidnap charge

The Department of Justice has cleared 30 Chinese nationals implicated in the kidnapping for ransom operations victimizing high-roller foreign casino players in the country.

In a resolution, DoJ Assistant  State Prosecutor Phillip dela Cruz dismissed the kidnapping and serious illegal detention charges filed by the Bureau of Immigration and Philippine National Police’s Anti-Kidnapping Group for lack of probable cause.

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The 30 respondents were among the 44 foreigners arrested last July 18 during a joint Bureau of Immigration-Philippine National Police operation which rescued Singaporean victim Wu Yan, who was allegedly kidnapped by the respondents from the Solaire Resort and Casino in Pasay City.

“In the instant case, a careful perusal of the records revealed that respondents had not been identified b by the complainant as part of the group that kidnapped her. Not an iota of evidence was presented to show that they conspired with the alleged kidnappers of complainant Wu Yan,” according to the resolution approved by Acting Prosecutor General Jorge Catalan Jr.

“Not even a single act can be imputed against them. Since criminal liability is personal then absence of proof as to their participation to the alleged kidnapping indubitably will result to the dismissal of the complaint against said respondents,” the DoJ said.

The resolution allowed the 30 Chinese nationals to be released from detention in PNP headquarters in Camp Crime, Quezon City, but will be deported back to China.

However, 14 others remain in detention while facing preliminary investigation in the DOJ. The 14 respondents appeared before the DOJ last Monday and submitted their counter-affidavits. The remaining respondents were led by Chinese national Zhang Fuxing, who is believed to be the leader of the group, who denied allegation that they kidnapped Wu from the Solaire Resort and Casino in Pasay City.

BI Commissioner Jaime Morente, meanwhile,  said he had already ordered the bureau’s legal division to initiate deportation proceedings against the aliens and to summon them to the bureau for preliminary investigation.

Morente said the foreigners, who included 42 Chinese and two Malaysians, will be charged by the BI for being undesirable aliens and for violating the conditions of their stay as tourists.

He explained that the BI’s move is separate from the criminal charges for kidnapping that were filed against the suspects by the DOJ.

“This is to ensure that these foreign criminals do not get the chance to go free even if they are allowed to post bail by the court. 

“Technically, they will be under our custody after we have charged them for immigration law violation,” Morente said.  “We will only deport them after they are convicted and have served their sentences,” according to Atty. Arvin Santos, BI legal chief.

Santos said he has already directed his prosecutors to issue subpoenas to the foreigners so they can be brought to his office for investigation and filing of charges.

Bobby Raquepo, BI-FSU acting chief, said the aliens belong to a syndicate believed responsible for kidnapping several foreign casino players in recent months.

“Our initial investigation revealed that all of them entered the country as tourists, although four of the Chinese suspects have no record of travel to the Philippines,” Raquepo said.

According to the rescued Singaporean, she was forcibly taken at the Solaire casino and brought to the Bayview Towers Hotel where she was detained, beaten by her captors who demanded US$180,000 for her release.

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