The Sandiganbayan Sixth Division on Tuesday turned down former Immigration deputy commissioner Michael Robles’ appeal to dismiss his plunder case in connection with the P50-million bribery scandal at the Bureau of Immigration.
Robles and fellow former deputy commissioner Al Argosino are also facing graft, direct bribery, and violation of Presidential Decree 46 which punishes public officials for receiving gifts from private individuals. Retired police officer Wally Sombero is their co-accused in the plunder case.
Ombudsman investigators earlier revealed that Argosino and Robles have acquired ill-gotten wealth worth P50 million when they conspired with Sombero, then-president of Asian Gaming Service Provider Association Inc., in exchange for assistance in the release of 1,316 illegal Chinese workers at Fontana Leisure Parks and Casino in Clark, Pampanga owned by Chinese casino mogul Jack Lam.
In his appeal, Robles said the release of the P50-million bribe from Sombero was not a criminal act, saying it would be impossible to commit two separate criminal acts in a span of two hours.
Robles was referring to Sombero’s delivery of the alleged P50-million bribe—P20 million around 2 am and P30 million at 5:45 am—to him and Al Argosino at the City of Dreams Manila in Parañaque City on Nov. 27, 2016.
But the Sandiganbayan said these two events could not be considered as a series of criminal acts where Robles and Argosino said to have taken advantage of their official positions.
“The Information in the present case alleges that accused Argosino and Robles repeatedly received or collected a sum of money of 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 resolution read.
“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,” it added.
The same Sandiganbayan resolution also denied the Argosino’s motion for reconsideration. “A plain reading of his arguments would show that he is praying for the reinvestigation of the case because, according to him, the Office of the Ombudsman disregardded certain affidavits that would establish facts supporting the innocence of the accused,” the Sandiganbayan said.
The Ombudsman charged Argosino, Robles, and Sombero with the non-bailable offense of plunder; and one count each of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act, direct bribery, and violation of Presidential Decree 46.
The Ombudsman said Argosino and Robles showed their alleged “manifest partiality, evident bad faith, or gross inexcusable negligence” when they conspired with Sombero for the multi-million bribe.
The Department of Justice had earlier dropped the plunder charges against Argosino and Robles since the money recovered from them was P1,000 short of a plunder case.
But the Ombudsman said Argosino and Robles are still liable under the Plunder Law, or Republic Act 7080, despite the missing P1,000.
Lam will also face one count of violation of PD 46, a decree punishing public officials for receiving gifts from private individuals.
Sacked Intelligence chief Charles Calima Jr., however, was dropped from the case after the Ombudsman granted his motion for reconsideration for lack of probable cause.
