MANILA, Philippines— (UPDATE 2) Justice Secretary Leila De Lima has been slapped with a criminal complaint before the Office of the Ombudsman for deporting 14 Taiwanese nationals to China early this year.
In a four-page request to the Ombudsman, lawyer Reynaldo Bagatsing charged De Lima of possible violation of Republic Act 3019 or the Anti-Graft Law, as well as Republic Act 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees.
Bagatsing also asked that the Ombudsman investigate National Bureau of Investigation (NBI) Director Magtanggol Gatdula and former Bureau of Immigration Officer in charge Ronaldo Ledesma.
Bagatsing explained that despite documents showing that the 14 Taiwanese had been legally admitted to the Philippines, they were summarily deported last February 2.
“There was no legal basis to cause the arrests of Taiwanese nationals for an alleged violation of RA 8484 following service of a highly questionable and illegally procured search warrant as admitted by no less than the Secretary of Justice, Leila de Lima,” he pointed out.
In a separate report on Radyo Inquirer, Bagatsing was also quoted as saying that there was no extradition treaty between the Philippines and China and that the Taiwanese nationals were deported despite visas issued by the Manila Economic Cultural Office.
He added that the authorities should have waited for the outcome of the Writ of Habeas Corpus filed by six of the 14 Taiwanese nationals before the Court of Appeals.
Bagatsing said there was likewise no record in the Immigration database of the departure of the Taiwanese citizens which should have been done as part of its standard operating procedure.
But De Lima has defended the deportation order and denied the allegation that she violated section 38 of Philippine immigration Act of 1940, which requires deportation of undesirable aliens to the country of their nationality or to the country of origin.
The Taiwanese nationals were arrested in raids by the NBI in Makati, Paranaque, Muntinlupa and Quezon City. They were allegedly victimizing residents from the Chinese mainland using internet and other telecommunication devices to access their victims, and exact money from them. The NBI said the group netted some US$20.6-million through this modus operandi.
However, the DoJ, a month after deporting the Taiwanese nationals dismissed the criminal case filed against them and 10 others which was filed by the National Bureau of Investigation (NBI) and the Embassy of the People’s Republic of China.
The 14 Taiwanese nationals deported last February include Liu Kue yan, Lih Chih Chang, Tsou Chi Feng, Fan Ming Fu, Wang Jun Shang, Kung Yin Fin, Lin Te, Kuei, Lin Yin Chan, Li Shang Bin, Zhuan Zhao Shan, Chan Ja Shang, Cheong Ho Yang, Li Yuan Hsing and Tai Yao Pin.
Their deportation resorted in a diplomatic row between the Philippines and Taiwan, putting at risk overseas Filipino workers in that country, and prompting local recruitment agencies to call for the resignation of Immigration chief Ronaldo Ledesma.