Prosecution blocks transfer appeal of Argosino, Robles, Sombero

Ombudsman prosecutors have urged former Immigration deputy commissioners Al Argosino and Michael Robles, as well as retired policeman Wally Sombero, to prove alleged threats and various ailments to justify their request to be transferred to another detention facility.

“Unless and until accused-movants can show factual and legal basis for their arguments, no special accommodation and safety protocols should be accorded to them, nor should they be treated differently from all other detained persons facing criminal charges in court,” the consolidated opposition read.

Argosino, Robles, and Sombero have appealed to the Sandiganbayan to transfer them to the Philippine National Police Custodial Center in Camp Crame from their current detention at the Quezon City Jail Annex in Camp Bagong Diwa, Taguig City.

The anti-graft court ordered their arrest and detention after it found probable cause to try them for plunder, graft, direct bribery, and violation of Presidential Decree No. 46 in connection with the P50-million bribery scandal at the Bureau of Immigration.

Argosino and Robles said more than 400 detainees at Camp Bagong Diwa may seek payback against them since the war on drugs of their fraternity brother, President Rodrigo Duterte, led to their imprisonment.

Argosino said he also has diabetes and hypertension, pointing out that the overcrowded detention center may affect his health.

Aside from security concerns, Sombero cited his various medical ailments such as coronary artery disease, cardiac dysrhythmia, sick sinus syndrome, severe sleep apnea, exogenous obesity, and type 2 diabetes milletus as grounds for his transfer to Camp Crame.

The prosecution, however, said the arguments of the three respondents “must be dismissed in the absence of any clear and convincing proof that their continued detention at any (Bureau of Jail Management and Penology) facility will be detrimental to their health.”

“Argosino failed to substantiate his claim that he is under continued medication for diabetes and hypertension, while Sombero’s Medical Certificate merely indicates the various sickness he is suffering which appears to be under control through the prescription drugs given to him as maintenance,” the prosecution said.

The prosecution added that Republic Act No. 6975, or the act establishing the PNP under a reorganized Department of Interior and Local Government, states that the BJMP shall hold custody of any person awaiting trial at a district, city, or municipal jail.

"It is undisputed that accused-movants are persons detained awaiting trial, thus, there is no doubt that their detention should be at the institution controlled by the BJMP," the prosecution said. —KBK, GMA News