Gordon ends BI bribery hearing, clears Aguirre, Lam of liability

Senator Richard Gordon on Thursday found no reason to recommend criminal charges against Justice Secretary Vitaliano Aguirre II and gaming tycoon Jack Lam over the P50-million bribery scandal at the Bureau of Immigration (BI).

Gordon made the statement after concluding the Senate blue ribbon committee's investigation on the controversy involving  former Bureau of Immigration (BI) deputy commissioners Al Argosino and Michael Robles, an inquiry that spanned almost two months beginning on January 23.

Argosino and Robles had admitted to accepting money last November 27 in exchange for the release of 1,316 illegal Chinese workers at Lam's Fontana Leisure Parks and Casino in Clark, Pampanga. They did not immediately report the incident to Aguirre, who supervises the BI.

After five hearings, Gordon concluded that there was no proof linking Aguirre to the acts of his fraternity brothers, whom the senator described as "outright extortion."

"I don't think I was able to prove anything against Aguirre," Gordon said.

He said Aguirre could not be faulted for meeting Lam's camp at a posh hotel in Taguig City on November 26, or two days after the raid on Fontana.

"Walang masama doon. It's a public place. They went there. They saw each other. They did not deny it," Gordon said.

He added Aguirre cannot be held liable on the ground of command responsibility.

“Command responsibility, it’s a theory, value. It’s not an offense. Like in the case of Mamasapano [incident] – that you can do command responsibility because it means the chain of command ay kasama,” he said, noting "negligence" on Aguirre's part is "another thing to prove."

As for Lam, Gordon said the businessman was only renting out his villas in Fontana to enterprises.

"Walang akong nakikitang liability because Jack Lam operates a casino. Kumikita siya doon sa renter nung mga taga-CEZA (Cagayan Economic Zone Authority) at iba pa. Yung mga villas, malaki ang bayad doon," the senator said.

"Walang masama doon. He’s (Lam) an investor of the country. He has the right to say, 'Hinuli 'nyo tao ko, pagbigyan 'nyo ko, 'wag hulihin, masisira hanapbuhay ko.' It’s a public place, they saw each other. They did not deny it. It was a short time. Sa tingin ko walang problema 'yon. Happens to me all the time," Gordon added. 

Gordon, however, said the Department of Labor and Employment (DOLE) may look into Lam's accountability after illegal workers were apprehended in Fontana.

The panel will also check the possible liability of Immigration Commissioner Jaime Morente and former BI intelligence chief Charles Calima Jr.

Argosino and Robles have repeatedly denied extorting money from Lam's camp through retired police official Wally Sombero, whom Gordon said was a fixer, “trying to make money from both sides.”

In their defense, the former BI officials said they accepted the money as part of their investigation on Lam's alleged human trafficking activities. —KBK, GMA News