The newest scandal to grip the long embattled Bureau of Immigration (BI) has spilled over to the turf of the investigators – as agents of the National Bureau of Investigation (NBI) entrap their own for allegedly trying to fix the outcome of the probe.

NBI legal assistance chief Joshua Capiral and his brother BI officer Cristopher John Capiral were perp-walked into their mother agency, the Department of Justice (DOJ), on Wednesday, September 23, as they underwent inquest for extortion and graft.

The Capiral brothers were arrested in an entrapment operation by the NBI Special Action Unit Monday night, September 21, according to NBI Deputy Director Ferdinand Lavin.

The NBI filed earlier this month graft complaints against 19 officers of the BI over the so-called pastillas scam, where foreigners, mostly Chinese nationals, are charged for a fee in exchange for smooth entry into the Philippines.

As chief of the legal assistance division, Lavin said the complaint reached Joshua’s table as a matter of course and review.

In the course of a back-and-forth, the NBI smelled something fishy.

“I think he was recommending to charge only 4 out of the 19,” said Lavin in a mix of Filipino and English.

Lavin said that a 3-week investigation by their special unit found that Joshua and his brother Cristopher John – who works at the BI Medical Section – had been approaching the implicated officials to offer to drop them from the complaint for a fee of P100,000.

Entrapment

In the entrapment, the NBI used one of the sued officials, Immigration Officer (IO) II Jeffrey Dale Ignacio, who will testify that he was approached by the Capiral brothers.

Lavin said the Capiral brothers asked Ignacio for P200,000 because in the NBI complaint, Ignacio was sued for both graft and trafficking.

“(Ignacio) was still being made to believe by Capiral that ‘I can do something about it’,” said Lavin.

Lavin said it was Ignacio who approached the NBI to expose the Capiral brothers’ modus.

“Ignacio came to NBI at sinabi niya na ganyan ang arrangement P100,000 per person para ma-exclude ka o kaya, kung hindi ka matanggal, ma-weaken ‘yung case against you,” said Lavin.

(Ignacio came to the NBI and he told us that’s the arrangement, P100,000 per person to exlcude you, or if not to remove you, to weaken the case against you.)

Senate Minority Leader Franklin Drilon called it a case of “bantay-salakay,” a Filipino slang for the watchman launching a raid.

“’Yung inatasan na mag-imbestiga sa katiwalian, sila ‘yung gumagawa ng katiwalian (The one tasked to investigate corruption is the one committing corruption.). This is one of the reasons why Filipinos are losing faith in the ability of the government to fight corruption,” Drilon said over Teleradyo DZMM on Wednesday.

Photo by KD Madrilejos/Rappler

Was the NBI investigation compromised?

Justice Undersecretary for Immigration Markk Perete said a reinvestigation is possible if there is evidence that the NBI probe was compromised.

Lavin said on Wednesday that there is no directive so far to reinvestigate. Lavin said that there are pending investigations into more people anyway.

The complaint against the 19 has already been filed at the Office of the Ombudsman. A whistleblower had told the Senate the NBI complaint does not include the big fish.

“Puwede tingnan ulit, reviewhin ulit. Kasi di ba nandoon naman ‘yun sa Ombudsman. So Ombudsman will have to review that. Akin lang ha, tuloy naman investigation as against the others,” said Lavin.

(We can look at it again, review it. But it’s already with the Ombudsman so the Ombudsman will have to review that. For me, there are pending investigations against others anyway.)

Senior Deputy State Prosecutor Richard Fadullon told reporters that the complaint against the Capiral brothers had already been submitted for resolution.

“The apprehension of a ranking official of the NBI is a stern warning to all that corrupt and other criminal activities will not be tolerated, especially in agencies which are supposed to be the pillars in the administration of criminal justice,” said Justice Secretary Menardo Guevarra.

Both the NBI and BI are attached agencies of the DOJ.

String of scandals

Before the pastillas scam, the BI was embroiled in a P50-million bribery scandal that allegedly involved letting into the country Chinese workers for casino mogul Jack Lam.

The implicated officials were high-ranking officials, former BI Associate Commissioners Al Argosino and Michael Robles, who were fraternity brothers of President Rodrigo Duterte and then justice secretary Vitaliano Aguirre II.

The NBI was also under fire in that investigation because it only filed a complaint for graft and direct bribery when the amount of P50 million met the threshold of plunder.

It was former Ombudsman Conchita Carpio Morales who upgraded the case and charged Argosino, Robles, and  alleged middleman Wally Sombero of plunder.

Sombero’s supposed P20 million cut from the P50 million was turned over to the Ombudsman.

The balance of P30 million, allegedly Argosino and Robles’ share, was turned over to the DOJ, but at the time, Aguirre claimed that the money amounted to only P29,999,000.

Add to that Sombero’s P20 million and it amounted to only P49,999,000 – or P1,000 less than the P50-million plunder threshold. 

The Sandiganbayan, in resolving petitions for bail, later inspected the money in DOJ’s custody and found out there was, after all, P30 million there.

Aguirre again figures in the pastillas scam, with friend-turned-foe Ramon Tulfo accusing him of creating the scheme when he was still justice secretary, and which allowed the modus operandi to grow to what it is now.

Aguirre, trading barbs with Tulfo in a Senate hearing on Tuesday, September 22, denied the accusations. – Rappler.com