NextGen Day

The Court of Appeals (CA) has rejected the appeal of immigration officials involved in the infamous “pastillas” bribery scam, holding them administratively liable for their actions.

The CA’s Fifth Division upheld the Ombudsman’s decision, issued on March 21, 2022, which found BI Travel Control and Enforcement Unit members Chevy Chase Naniong, Deon Albao, Daniel Binsol, and Fidel Mendoza guilty of grave misconduct and conduct prejudicial to the best interests of the service. These individuals managed and operated the scheme and had direct contact with the implicated foreign nationals.

The scam, exposed in 2020, involved airport immigration officers allowing the entry of Chinese and other foreign passengers without proper screening by the Bureau of Immigration (BI) in exchange for bribes. The bribes, reportedly amounting to as much as PHP 10,000 per passenger, were rolled up to resemble the Filipino soft candy called “pastillas,” made from carabao milk.

In a 28-page decision released on June 29 and made public on Monday, the CA also modified the Ombudsman’s ruling against Grifton Medina, the former acting chief of the Ports Operations Division (POD). Medina was found guilty of neglecting duty and suspended for six months. His liability stemmed from his failure to take action against the scam.

According to the CA decision on Medina, “These allegations sufficiently depicted an omission to perform as necessitated by circumstances and substantiated a charge of neglect of duty.”

Last year, the Ombudsman dismissed 45 BI employees involved in the scam, citing grave misconduct and conduct prejudicial to the best interest of the service. They were ordered to be dismissed from their positions. Those already separated from public office before the Ombudsman’s decision were fined an amount equivalent to one year’s salary.

As part of ongoing agency reforms and operational decentralization efforts, the Ports Operations Division (POD), which oversees BI offices in seaports and airports, was deactivated in February.

The Ombudsman emphasized the importance of immigration control, stating, “The power of a state to exclude aliens from its territory is an essential exercise of jurisdiction over its territory. It is part of a state’s independence. The immigration or entry of foreigners into the country is not a simple administrative matter that the government and the public may brush aside.”

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