Responding to the motion filed by retired policeman Wally Sombero, the alleged middleman of Chinese casino mogul Jack Lam, who argued that the law requires a main plunderer who holds a government position during the commission of the crime, Ombudsman prosecutors said they are not obliged to identify a “main plunderer” in the P50-million immigration bribery scandal case at the Sandiganbayan.
In a 20-page opposition submitted to the Sixth Division on Monday, the Ombudsman said Republic Act 7080 or the Anti-Plunder Law makes no reference to a main plunderer as an essential element of the crime.
The prosecution added that it is unnecessary to cite a main plunderer because the crime was committed through a conspiracy among former BI commissioners lawyer Michael Robles, Al Argosino, and Sombero in exchange for their help for assistance in the release of 1,316 illegal Chinese workers arrested at Fontana Leisure Parks and Casino in Clark, Pampanga.
Sombero had said that state prosecutors accused Argosino and Robles as the two public officials who allegedly amassed P50 million, but the Ombudsman failed to identify which of the two was the main plunderer.
But the Ombudsman said that “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.
Sombero’s argument was the same argument employed by former President and now Pampanga Representative Gloria Macapagal-Arroyo and former senator Jinggoy Estrada, which led to their acquittal and temporary liberty in their plunder cases in the Supreme Court and Sandiganbayan, respectively.
But the prosecution said using the same precedent in the bribery scandal lacks merit since the three respondents acted as one for the accumulation of ill-gotten wealth.
The prosecution also rebuked the Argosino’s to quash. The former BI official said he should not be indicted for plunder since the alleged ill-gotten wealth was P1,000 short of the P50-million plunder threshold after the money was physical counted by 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.
In making the decision, 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 all detained at Camp Bagong Diwa in Taguig City although they have filed motions to be transferred to the Philippine National Police Custodial Center in Camp Crame.
But the prosecution and the PNP have blocked the appeal of the respondents to for transfer.
