50 accused in Pastillas scam plead not guilty, whistleblower spared from charges

At least 50 former Immigration officials and employees on Friday pleaded not guilty to graft charges filed against them in connection with the "Pastillas" scam, which allowed the illegal entry of Chinese citizens into the country in exchange for cash concealed in rolled paper wrapper.

The not guilty plea was entered into the court records after the Sandiganbayan granted the state prosecutors' motion to amend the criminal information removing Immigration Officer III Jeffrey Ignacio as one of the accused.

Ignacio was a self-confessed member of the "Pastillas" group who eventually became a whistleblower. During the hearing, it was also revealed that Ignacio signed an immunity deal with the Office of the Ombudsman, and that he will not serve as a witness for the prosecution.

"With the amended information, the court gives the prosecution and the defense to file their pre-trial brief within 10 days, if they so wish," Sandiganbayan Seventh Division chairperson and Associate Justice Zaldy Trespeses said.

"If you wish to adopt the previous pre-trial brief, then manifest it to the court so we can note it," he added.

Pre-trial brief refers to documentary evidence that the parties will present come the trial proper.

Of the 50, 35 entered a not guilty plea while 15 others, including former Immigration deputy commissioner Marc Mariñas, entered no plea, prompting the anti-graft court to enter a not guilty plea for them.

Joel Ferrer, lawyer for Mariñas, said his client entered no plea since they are still questioning Sandiganbayan's jurisdiction on his client.

"The court only took jurisdiction on him based on the information [filed by the prosecutors] that he is Salary Grade 27. He is just Salary Grade 15. He was [just] appointed acting officer-in-charge of the Office of the Deputy Commissioner," Ferrer told reporters after the arraignment.

"It could have been different if it says that he is the acting OIC Deputy Commissioner. [But] it only refers to the Office of the Deputy Commissioner. They (prosecutors) focused on the [rank of the one occupying the] office," he added.

The defense counsels led by lawyers Ferrer and Erika Gallego contested Ignacio's exclusion for more than an hour, arguing that such is a violation of their clients' right to due process and that Ignacio is not fit to become a witness as provided under Rule 119 providing expulsion of a witness after presentation of evidence.

"We oppose, vehemently, the amendment of information because we thought this was already under the disguise of Ignacio as state witness. Among all the accused, he seems to be the most guilty. Remember that he was also charged for human trafficking," Ferrer said.

Trespeses and Sandiganbayan Presiding Justice Amparo Cabotaje-Tang, however, did not accept their arguments.

"The prosecution is dropping Ignacio as one of the accused with the intention [for Ignacio] to testify, not as a state witness. We overrule the objection of the defense counsels. Based on Section 4 of Rule 110 allowing the prosecution to amend the information before arraignment, the court grants the prosecution's motion," Trespeses said.

"You cannot invoke Rule 119 because no evidence has been presented by the prosecution [just yet]," Tang added.

Mariñas was accused of conspiring with other Immigration personnel, as well as with Liya Wu of Empire International Travel and Tours, to "willfully, unlawfully and give unwarranted benefits, preference or advantage to foreign passengers, particularly Chinese nationals."

The group allegedly collected a fee of P10,000 per passenger for a total amount of P1.43 million, in violation of Anti-Graft and Corrupt Practices Act.

Mariñas and his team, the government prosecutors said, controlled the incoming passengers and distributed commissions or money to other participants in the scheme.

On the other hand, the government prosecutors accused private individual Liya Wu of providing the list of Chinese passengers who would like to avail of the "VIP treatment" for a fee of P10,000 per passenger and identified the same as one of travel agency owners who paid money for seamless entry of Chinese individuals in the country.

The preliminary conference or the marking of evidence for both the prosecution and the defense will be on September 19 and 26, October 3, 10, 17 and 24, November 7, 14, 21 and and 28, all at 2 p.m.—AOL, GMA News