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THE
government has opposed a motion filed by former
Immigration Commissioner Andrea Domingo seeking the
reduction of the P40,000 bail set by the Second Division
of the Sandiganbayan in an arbitrary, detention case
filed against her by the Office of the Ombudsman.
Prosecutors Rodrigo Coquia and Annielyn Medes Cabelis
asked the antigraft court to deny Domingo’s motion for
lack of basis.
“Aside
from being the former commissioner of the Bureau of
Immigration and Deportation, and former congresswoman of
Pampanga, accused is currently the general manager and
chief executive officer of the Public Reclamation
Authority [formerly Public Estates Authority].
Considering the government positions held
and currently occupied by the accused, she is
financially capable to pay the P40,000 bail previously
fixed by the Honorable Court,” they said.
In
addition, Coquia and Cabelis said the amount of bail is
recommended by law under Article 124 of the Revised
Penal Code because the offense is punishable by
reclusion temporal equivalent to a jail term of 12 to 20
years.
Domingo
was accused, along with Immigration intelligence
officers II Maynard Marinas and Arthur Solito III, and
Mandaue
City prison warden Elmer Napilot, of causing the illegal
detention of Alfred Lehnert Jr., a German national
residing in the
Philippines
for a period of one year and six months.
Prosecutors held that Lehnert was unlawfully arrested on
September 27, 2002, in Mandaue City, Cebu while he was
following up his papers at the local BID office.
The
arrest was reportedly made based on a mission order
signed by Domingo, but charges accusing Lehnert of being
an “undesirable alien” were filed only three days after
his lawyer filed a petition for habeas corpus.
The Cebu
regional trial court granted Lehnert’s petition but the
BID officers went up to the Court of Appeals and to the
Supreme Court, which upheld the lower court’s ruling.
Owing to
the legal challenges, Lehnert’s detention stretched on
for 18 months until his release on March 25, 2004.
“The
amount of bail fixed by the Honorable Court is
reasonable and proper, considering the length of the
period of illegal detention the private complainant
suffered on the basis of the Mission Order issued by the
accused and the gravity of the penalty that may be
imposed on them,” the prosecution said.
The
illegal detention case against Domingo and two of her
former men was filed by the Ombudsman with the
Sandiganbayan last February 26. |