BREAKING NEWS TODAY - Ombudsman: No need to cite ‘main plunderer’ in P50-M immigration bribery case

Ombudsman prosecutors said they are not obliged to cite a "main plunderer" in the P50-million immigration bribery scandal case at the Sandiganbayan contrary to the argument of accused retired policeman Wally Sombero

In a 20-page opposition submitted to the Sixth Division on Monday, the prosecution said Republic Act 7080 or the Anti-Plunder Law makes no reference to a main plunderer as an essential element of the crime.
Sombero, the alleged middleman of Chinese casino mogul Jack Lam, argued in his motion that the law requires a main plunderer who held a government position during the crime, a provision which the Ombudsman allegedly failed to identify.

Instead, Sombero said state prosecutors accused former Bureau of Immigration deputy commissioners Al Argosino and Michael Robles as the two public officials who allegedly amassed P50 million..The prosecution, however, said it is unnecessary to identify a main plunderer since the crime was committed when Robles, Argosino, and Sombero acted in conspiracy in exchange for assistance in the release of 1,316 illegal Chinese workers arrested at Fontana Leisure Parks and Casino in Clark, Pampanga.

"Since the crime of plunder may be committed in connivance or conspiracy with others, and the present information expressly alleged that accused Sombero, Argosino, and Robles conspired and confederated with one another, it would be unnecessary to specify who is the 'main plunderer' among them," it said.

The issue on the main plunderer has been the arguments of former President and now Pampanga Representative Gloria Macapagal-Arroyo and former senator Jinggoy Estrada, which led to their acquittal and temporary liberty in their respective plunder cases in the Supreme Court and Sandiganbayan, respectively.
The prosecution said using the same precedent in the bribery scandal lacks merit since the three respondents are all responsible for the accumulation of ill-gotten wealth.

Missing P1,000
Meanwhile, the prosecution rebuked the quashal motion of Argosino, who said he should not be indicted of plunder since the alleged ill-gotten wealth was P1,000 short of the P50-million plunder threshold upon the physical count of the Department of Justice.

"Notwithstanding the fact that the physical count of the turned over money was P1,000 short, the prosecution respectfully submits that the third element (P50 million-threshold) was sufficiently met considering that the records of the case indubitably show that the total amount received by the accused was P50 million," the prosecution said.

The prosecution cited the Ombudsman's resolution which said the missing P1,000 does not excuse the three respondents from being indicted of plunder. It also mentioned a certification by then-Justice Secretary Vitaliano Aguirre II who held Argosino and Robles accountable for the missing amount since they were the ones who surrendered the money to the DOJ.

Argosino, Robles, and Sombero are currently detained at Camp Bagong Diwa in Taguig City. They have filed motions to be transferred to the Philippine National Police Custodial Center in Camp Crame.

The prosecution and the PNP have blocked the appeal of the respondents to be transferred to the police's Custodial Center in Camp Crame