MANILA, Philippines--The Office of the Ombudsman dismissed from service the chief of the Bureau of Immigration's (BI) Intelligence Division and another bureau official for the unlawful arrest of a Chinese national in 2004.

In a 41-page consolidated decision, Ombudsman Ma. Merceditas N. Gutierrez approved the recommendation to dismiss Faisal U. Hussin, BI Intelligence Division chief; and Ansari Maca-ayan, intelligence officer, for arresting Li Yong Cheng on June 26, 2004, without an approved mission order.

Aside from dismissal, Gutierrez ordered the cancellation the two’s eligibility, forfeiture of any retirement benefits, and absolute disqualification to hold public office

"Records undoubtedly reveal enough reasons to convince us that the arrest made upon the person of Li Yong Cheng violated certain rules and regulations," Gutierrez said.

Hussin "explained that the arrest of Li Yong Cheng was a product of discreet surveillance conduct by Agent Maca-ayan."

He said based on their investigation, Li Yong Cheng had no passport and was an undocumented and undesirable alien suspected of involvement in the illegal drug trade.

But the Ombudsman said that, if Li had been under surveillance for several days, the BI should have had enough time to secure the required mission order before arresting him.

It also said Hussin's group went overboard when they apprehended Li because their basis was merely to verify documents.

"Their argument that their basis for doing so was the said Warning all the more persuades our thinking that it was so issued with the intent to give it a semblance of a Mission Order," which must emanate only from the Office of the Commissioner.

Gutierrez also pointed that the arrest was made on June 26, 2004, a Saturday, contrary to the circular issued by former immigration commissioner Andrea Domingo which provides that "no Commitment Order shall be issued on a Friday or any non-working day unless extremely necessary and only upon order[s] of the Commissioners."