Bicutan FAQ
kkr...@whirlins.com
Deportation Detainees
Bicutan FAQ
V0.3
This FAQ is directly intended for the detainees of the Philippine
Bureau
of Immigration and Deportation's Bicutan Detention Center.
Distribution
of this document outside of the Bicutan center is intended to inform
the
detainee's family of the circumstances that bring a person into
detention and to inform other people and governments about the
situation
that exists here.
Corrections, comments and additional questions and answers will be
accepted on the steps of the south building. Donations will be
accepted
by the New Foundation.
Distribution of this work is permitted and encouraged in all possible
outlets and venues, provided that it is complete and unaltered.
Section I
Bureau of Immigration and Deportation
1. What is the name of the immigration department?
2. Who is the Chief Commissioner and how can I contact her?
3. Who are the Associate Commissioners ?
4. What is the name of the warden of Bicutan and how can I contact
him?
5. Who is the Bicutan warden's superior officer, and how can I contact
him?
6. What is the address of the bureau?
7. What is the address of the Bicutan Detention Center?
8. What are the easiest driving directions to get to the Bicutan
center?
9. What is required of my visitors and when can they visit me?
10. My visitors are refused entry to Camp Bagong Diwa because they
have
no gate pass, but I have the gate pass with me, what can I do?
11. I was arrested, briefly shown some papers and then locked up. I
have
been detained for X days and they have yet to ask me anything more
than
my name. Is this legal?
12. But I have X visa, can they still do this?
13. What can I do?
14. Do I need a lawyer for my immigration case?
15. How long can they keep me in detention?
16. What is release on bail?
17. What is voluntary deportation?
18. What is summary deportation?
19. What is the blacklist? Will I really be banned for that long?
20. What about my property and possessions in the Philippines, will I
lose everything?
21. How will I be treated by the guards at Bicutan?
22. A BID agent or guard asked me for money to pay for X, should I
give
it to them?
23. A BID official or guard has asked me to give them my passport,
should I give it to them?
24. Will the Philippine Government pay for the plane ticket used when
I
deport?
25. I am sick. Will the BID take me to the hospital and who will pay
the
bill?
26. How many people are being held here at Bicutan?
Section II
Courts
1. I have one or more criminal cases pending before the court, can I
be
deported?
2. Will the BID take me to court on my court date and do I have to
pay?
3. Will I receive a fair hearing in the courts?
4. Can they put me in prison?
5. What is a hold departure order and does it really keep me from
leaving the Philippines?
6. If the hold departure order stops me from leaving the Philippines
and
deportation proceedings cannot begin until my case is completed, why
am
I being held by the BID?
7. If my case is dismissed or I am acquitted, will the charge of
"undesirable alien" be removed from the charges considered in the
deportation proceedings?
Section III
Errata
1. History
2. TODO
Section I
Bureau of Immigration and Deportation
Q. What is the name of the immigration department?
A. The name of the bureau is the Bureau of Immigration and
Deportation.
The name of the commission on which the commissioners sit is the
Commission on Immigration and Deportation.
Q. What is the name of the Chief Commissioner and how can I contact
her?
A. Andrea Domingo
Telephone Number: 025273248
Fax Number: 025272379
Q. What are the names of the Associate Commissioners?
A. Attorney Caranongan, Attorney Cueto and Attorney Dizon.
All are lawyers and members of the IBP, Integrated Bar of the
Philippines.
Q. What is the name of the warden at Bicutan and how can I contact
him?
A. Enrico R. Praner
Telephone Number: 09174494892
Q. What is the name of the warden's superior officer and how can I
contact him?
A. Major Raymond Liwag, Head of BID Detention
Telephone Number: 09185064853
His superior is:
Attorney Faizal U. Hussin, Cheif of Intelligence, BID
Telephone Number: 025273273
Q. What is the address of the bureau?
A. Bureau of Immigration and Deportation
Magallanes Drive
Intramuros
Metro Manila
Q. What is the address of the bureau's Bicutan Detention Center?
A. BID Detention Center
Camp Bagong Diwa
Bicutan, Taguig
Metro Manila
Q. What are the easiest driving directions to get to the Bicutan
center?
A. Starting at the main BID office in Intramuros, take Taft Avenue to
UN
Avenue. Turn right on UN Avenue, and follow it to the end, where it
meets Roxas Boulevard, and turn left on Roxas Boulevard. Travel south
on
Roxas Boulevard until the EDSA. Exit at the EDSA flyover and turn to
the
left on EDSA. Continue on the EDSA until reaching the South
SuperHighway. Exit to the right and travel south on the South
SuperHighway to the Bicutan exit. Exit the highway and turn to the
left.
SM Bicutan will be to the right. Travel down that road, which runs in
front of PNP Camp Bagong Diwa, and turn right into the camp.
Q. What is required for my visitors and when can they visit me?
A. A visitors pass is required and it must be signed by the warden.
Forms are available in the New Foundation. Fill it out and take it to
the gate to the guard. After the warden reviews the pass and signs it,
it will be passed back inside the detention center. The warden does
these in batches, you will be notified when your pass is ready.
Q. My visitors are refused entry to Camp Bagong Diwa because they have
no gate pass, but I have the gate pass with me, what can I do?
A. If a visitor that you trust is leaving when your visitor is at the
gate, they may be able to take it to them on the way out. Otherwise,
have one of the runners that are around the guard house take it to
your
waiting visitors. A reasonable charge for this is 20 pesos, but they
may
ask for more. If you are not in a hurry, you can also send the pass to
your visitor by mail or courier.
Q. I was arrested, briefly shown some papers and then locked up. I
have
been detained for X days and they have yet to ask me anything more
than
my name. Is this legal?
A. Probably. Even though the Philippine Supreme Court ruled in 1991,
in
the case of Board of Commissioner vs Dela Rosa, "that a warrant of
arrest issued by the Commissioner of Immigration, to be valid, must be
for the sole purpose of executing a final order of deportation," there
also exists Executive order 287, issued in the year 2000 by the since
deposed President Joseph "Erap" Estrada, that categorically authorizes
the Commission of Immigration to issue mission orders against aliens
in
violation of immigration laws or aliens in activities that threaten
the
national security or whose presence alone poses a serious threat to
public health, public safety and national security, and public morals.
So on one side you have Supreme Court cases prohibiting arrest before
a
final order of deportation and on the other side an order allowing the
Commissioner on Immigration to issue mission orders. The view of the
BID
is that since there is no judgement or finding that Executive order
287
is unconstutional or is invalid, it remains an operative fact.
The Supreme Court decision is based on the Supreme Court's
interpretation of a due process provision of the Philippine
Constitution. It cannot be amended by an executive order, which is not
law. But the BID does not seem to care much about laws, courts and
court
rulings. Immigration charges are administrative offenses, so rules of
criminal procedure do not apply. BID does have its own set of
regulations, but their application seems to be at the whim of the
official that you are dealing with. First you should understand that
most of the time, immigration charges have little to do with
immigration
law violations. Philippine immigration laws were written in 1940,
after
the start of World War II. Later, on October 22, 1948, Philippine
Supreme Court Justice Perfecto wrote: "To accept that immigration
officials may arrest and exile by deportation any alien upon any shade
of evidence, which is not evidence at all, upon incompetent and
inadmissable evidence, is to enthrone them as absolute masters at
whose
mercy thousands and thousands of peaceful and law abiding aliens shall
be placed. As in the number of said aliens are included one of the
largest moneyed groups of the country, the doctrine may create a
mining
boom for extortion and blackmail artist, a thing likely to happen in
the
midst of the widespread moral decried by so many."
Instead of heeding this as a warning of future problems, the officials
took that as a hint that there were unlimited opportunities to make
money through graft and extortion of foreigners. With the mentality of
seeking to avenge colonial oppression, the BID has taken shape and the
Bureau of Filipino Revenge and Extortion of Foreigners.
It is true that some cases seem to be legitimate, like having a fake
passport or no passport at all, but even many of these are suspect.
They
often have more to do with an airport official not liking the person's
appearance or the fact that he originates from a hostile, unstable or
war-torn nation. Cases of no passport are often caused by the person
having their passport stolen, possibly by a police officer or
immigration agent. But a majority of case stem from a certain
Filipino's
desire for revenge against a foreigner or the desire of the Filipino
to
steal the wealth and possessions of a foreigner, or both. Keep in mind
that the BID NEVER seeks to arrest anyone that is not in the act of
entering or leaving the Philippines, UNLESS there is a complaint filed
with them or you have been in the system before and they belive they
can
collect from you again. These situations generally fall into these
categories:
* A Filipino business partner, customer or competitor does not want to
pay the foreigner his fair share, wants to take the foreigners share
for
himself, does not want to pay the foreigner for goods or services
already rendered, or simply wants to remove the foreigner from
competition and create and opportunity acquire the foreigner's
business
at a discounted price.
* A Filipino gets angry at a foreigner or is jealous of his
possessions
or success.
* Family problems, usually with the foreigner's mate or their family.
* The BID feels that it protection money is due from a group of
foreigners.
The chain of events leading up to a foreigner's arrest by the BID
usually follow this course:
* The Filipino files a case against the foreigner in the local court.
These cases do not have to relevant or have real evidence, due to the
nature of the judicial process in the Philippines. (See Courts) The
charges are usually of a nature that the Filipino feels will be
damaging
to the foreigners reputation or offensive to other Filipinos, gaining
support for the accuser. Common charges are adultery, concubinage and
acts of lasciviousness.
* When the case is accepted by the court, a warrant of arrest is
issued.
The foreigner is arrested, and in most cases, easily posts bail.
* The Filipino gets a copy of the arrest report and forwards this,
with
their complaint, to the BID.
* Armed with the arrest report, the BID declares the foreigner to be
an
"Undesirable Alien." They also do a thorough check of the foreigner's
travel records, adding overstaying visa, if appropriate. If the
foreigner was engaged in business, they often add working without a
work
visa to the charges.
* At this point, the commissioner issues a Mission Order stating that
the foreigner is ordered to be committed to detention. Usually that
means the foreigner will be incarcerated at the main detention center
at
Bicutan, Taguig. There may be intermediate stops, such as detention
cells at regional BID offices and at the main office at Intramuros,
Manila.
For some nationalities, it is simply a revolving door. The BID
recognizes that some groups are undocumented, so they will
periodically
arrest large groups of them and bring them to detention. They are then
forced to pay bribes, after which they are released, even though they
are still undocumented.
Q. But I have X visa, can they still do this?
A. Yes. No known type of visa can protect a foreigner from a malicious
Filipino and the greedy BID. Even natural-born Filipinos can find
themselves sucked into the graft machine. And beware of offers made
for
extended visas or permits offered by corrupt BID employees. If you
have
availed of these visas, destroy your passport at once. If you are
caught, you will ALWAYS be the criminal and the employee will NEVER be
investigated. Volunteering information on corrupt BID officials to the
BID itself will likely hurt your case and cause you to be detained
even
longer.
Q. What can I do?
A. In most cases, the first thing that you should do is to contact the
embassy or consulate of your home country in the Philippines, or
contact
the appropriated government agency in your home country. A few
countries
will actively seek your release, most will do very little and some
will
do absolutely nothing.
The fastest and easiest way out is to pay. Since the desire of most
BID
employees is first and foremost to line their own pockets with graft
money, the desire to apply punishment on behalf of another Filipino or
to fairly implement the immigration laws is faint. If you are willing
to
pay more to get out than the Filipino is willing to pay to keep you
in,
you will be released or deported, as you wish. If you choose release,
the visa of your choice is often included in the package price. The
price ranges between P200,000 (4,000 USD) and P1,000,000 (20,000 USD)
or
more, depending on your nationality and willingness to pay. Be
forewarned that taking advantage of this opportunity will make you a
future target for arrest, in the hopes that you will pay again.
You may be able to have your lawyer file for a Writ of Habeous Corpus
to
gain an order for your release. Your lawyer can also file various
charges, such as illegal detention, with the Ombudsman. If you do not
have a lawyer and you do not have much money, an attorney from the
Public Attorney's Office can do this for you.
If you do not want to pay excessive bribes, you can apply for release,
usually in the form of bail; apply for a voluntary deportation or work
(and wait) for a summary deportation order to be issued. Release and
voluntary deportation are virtually impossible to attain without
outside
help. Summary deportation is possible, but it may take a VERY long
time.
Some embassies may help with some or all of these, if you ask.
In the big picture, there are many possible ways to bring attention to
your case and pressure on the Philippine Government to fix this
corrupt
system that they have created. Keep in mind that the Philippines have
the largest foreign debt of any asian nation and it is the world's
second largest receiver of foreign aid. They desperately need foreign
aid and credit from the same countries whose citizens they are
persecuting. They are also desperately seeking to export their goods
to
all nations, rich and poor. Outside economic pressure on the
Philippine
Government is the only thing that will change this system. You, your
friends and family should write and call your elected and appointed
government officials in your home country. The same actions should be
taken with both national and local TV and radio stations and
newspapers.
If your family is associated with any financial or trade
organizations,
they should be notified as well. For best results, keep up the
pressure,
especially on elected officials, on a weekly or monthly basis. And
your
fellow detainees would greatly appreciate it if you keep working on
the
issue after your release.
Q. Do I need a lawyer for my immigration case?
A. Maybe. It depends on what your objective is and what assistance
your
embassy will supply. If you like to pay, a lawyer is probably the best
conduit for your bribe money. Fixers, well-connected people that will
help you for a fee, may also work. If you do not wish to pay large
bribes, a fixer or a motivated friend will probably suffice. A fixer
would be a good choice if you are seeking bail. If you are seeking
deportation, anyone that is willing and able to file papers, follow up
on inquiries and get clearances can probably do it. If you are
unwilling
or unable to do anything, a summary deportation order will eventually
be
issued, but it may take a very long time. Be aware that some fixers
and
lawyers that deal with immigration cases are just as corrupt and
dishonest as the BID officials that they deal with. Stories abound
about
lawyers and fixers collecting large amounts as fees and simply
disappearing, denying knowledge of tthe person if they see them again.
And don't be fooled into giving money to other detainees, you will be
paying for their release, not your own. It has happened.
Q. How long can they keep me in detention?
A. Indefinitely. There are no sentences here. If you are willing to
pay,
you may be out within a few hours or days. If you have criminal cases,
these cases must be finished before deportation proceedings can begin.
If you are willing to pay bribes, you will be released or deported,
regardless of the status of your cases. The time that it takes for
release or deportation can be affected by the availability of one or
more commissioners to sign the necessary papers. It also depends on
how
fast your home country can supply the necessary travel documents and
passport. This can take a month or more, especially if your home
country
does not have an embassy or consulate in the Philippines. In general,
a
release or voluntary deportation order can be secured in 1-3 months. A
summary deportation can take somewhat longer, especially if it
involves
a petition to waive or reduce the fines levied. Just remember that
there
is no official timeframe for release or deportation. Some people have
been held here for over 5 years.
Q. What is release on bail?
A. Release on bail is not a right. It is only at the discretion of the
Commissioner. You may be required to report to immigration officials
frequently, as much as daily or twice a week. You will also be
required
to attend hearings. These hearings reportedly involve and immigration
lawyer sitting across the table from you, opening and closing and
empty
folder in anticipation that you will offers some amount of money to
end
the proceedings. This can go on for years, with known cases still
going
on after 5 years. One requirement for bail is that you be married to a
citizen of the Philippines, but living proof says that is not always
the
case. The standard amount to be posted for bail is P56,000 (1,000
USD.)
The amount of graft money that has to be paid for this discretion can
be
very, very high.
Release without paying bail is possible, but very rarely allowed.
Q. What is voluntary deportation?
A. Voluntary is similar to pleading guilty in a criminal court. It is
the second fastest way out. You will be required to pay a fine,
usually
P56,000 (1,000 USD,) and blacklisted forever.
Q. What is summary deportation?
A. Summary deportation is when the BID orders your deportation on the
immigration charges. You will be allowed to petition to have your fine
waived or reduced, but that will make it take longer. Your embassy may
help with the petition to have the fine waived, by supplying a letter
stating that you have no money to pay the fine. If your embassy will
not
do this or you have no embassy in the Philippines, you can do this
yourself and have the letter delivered to the Office of the
Commissioner. You will also be blacklisted.
Q. What is the blacklist and will I really be banned for that long?
A. The blacklist is the list of names in the BID computer of people
that
are banned from entering the Philippines. Being blacklisted is a
standard part of being deported. Whether or not your name remains on
the
blacklist depends on you. There is a standard fee, listed in the BID
fee
table, for removal from the blacklist. This method involves your mate
applying to BID to have your name removed from the blacklist for
humanitarian reasons. An easier way to do it is to use the corrupt BID
system. Prices for this service range from P50,000 (1,000 USD) to
P20,000,000 (400,000 USD.)
Q. What about my property and possessions in the Philippines, will I
lose everything?
A. If you are unwilling or unable to pay the large bribes necessary to
secure a quick release, the answer is probably yes. With the thought
of
avenging colonial oppression, the laws of the Philippines are crafted
in
a way to ensure that this is the eventual outcome. As you may know,
foreigners are forbidden from owning land in the Philippines and are
also forbidden from holding majority stakes on corporations operating
within the Philippines. This means that a Filipino is ALWAYS in
control
of any properties and investments in the Philippines. In some cases, a
foreigner will resort to using a "dummy," a Filipino who is willing to
allow his name to be used for registration purposes, to register his
properties and businesses. In the event that the "dummy" is truly
honourable and faithful, and tries to let the foreigner remain in
control of his properties and businesses, regardless of the situation,
there is an "anti-dummy law" that can be invoked by an unscrupulous
Filipino to take over the foreigner's properties.
If you have an extremely faithful Filipino mate, and the properties
are
in their name, this problem is minimized. But be aware that they will
likely to be under extreme pressure from their Filipino friends, and
maybe their immediate family, to take over or sell your properties and
possessions and forget about you.
Personal possessions are an even greater problem. You may have
noticed,
either after your detention or between the time that your troubles
started and your eventual arrest, a sort of "feeding frenzy" starting
around your possessions. Like sharks that smell blood in the water,
the
Filipinos will try to buy at ridiculously low prices, borrow or even
steal your things, knowing that soon you will not be able to do
anything
about it. Savvy Filipino landlords may lock you and your mate out of
your residence, immediately after your arrest. They will then brazenly
and openly take your things, under the guise of unpaid rent or your
things will be mysteriously stolen. And even if you have a true
Filipino
friend who will try to gather your things and sell the commodity
items,
you will only get a percentage of the actual value. They will also
have
a very hard time protecting your items from petty thieves and the
like.
In all of these cases, you are left with a Filipino in control, so it
is
likely that your things will likely be lost, pilfered or stolen. You
have no real recourse, thanks to the BID. They intentionally isolate
you
so that the Filipino in control of your properties and possessions can
do what they will with it, without any interference from you. If you
have a Filipino mate, they may be able to file cases against the
thieves, but you, as a foreigner, have no chance against a Filipino in
connivance with the BID.
Q. How will I be treated by the guards at Bicutan?
A. The behavior of the guards at Bicutan is similar to that of the
other
BID employees that you may meet. They are arrogant, show a complete
lack
of respect and have a constant hunger for graft money. They berate
female visitors for being friendly with a foreigner and pester them
for
their phone numbers and for dates. Female visitors often experience
constant sexual harassment as well. Torture of detainees happens as
well, with dousing with hot water, especially onto the face and eyes
being the most common form. The guards at the Bicutan center have also
shown proficiency in using pepper mace, using a stun gun-like device
called a taser and beating detainees with their fists and metal bars.
Q. A BID official, agent or guard asked me for money to pay for X,
should I give it to them?
A. The short answer is NO. A BID agent or guard should NEVER ask you
for
money. But in reality, they often ask for money. The BID is
responsible
for ALL of your expenses related to transportation to hearings,
medical
appointments and deportation. The most common request is for money to
pay for photocopies or for gas to go to the airport on the day of your
deportation. They do not need this money, and any money that you give
them will go directly into their pockets. When they ask for money, the
first thing that you should do is get the persons name. It is unlikely
that they will tell you and they often try to keep their
identification
badges hidden when they are around detainees. If you cannot get their
name from them, ask the other detainees, someone can help you. When
you
get their name, immediately call your embassy or consulate, inform
them
of the request and of the person's name. Reporting this activity and
the
person's name, will hel p to cut down regularity of this happening. If
you have no embassy or lawyer to contact, demand an official receipt
for
the money, which they will almost certainly refuse to supply. If you
steadfastly refuse, they may ultimately refuse to take you to the
airport and cause you to miss your flight, incur ticket cancellation
penalties and prolong your stay in detention by days or even weeks.
Any request for money by these people, unless they are fees listed in
the BID official list of fees to be acknowledged with an official
receipt from the BID, is considered corruption and grounds for filing
a
corruption case against the person in question, and possibly their
superiors, with the Ombudsman. Please consider this if if you or your
lawyer has the capacity to do so.
Q. A BID official or guard has asked me to give them my passport,
should
I give it to them?
A. NO. Even if they give you an official receipt for it, you will most
likely never see it again or they will invalidate it by altering it.
Commonly, they will say that it is lost and that they are looking for
it. It is rumoured that corrupt police and BID officials sell these
stolen and seized passports on the black market. Only give your
passport
to personnel from your country's embassy. If you cannot do that, you
will be just as well served if you burn your passport in front of the
agent, depriving him of corrupt money, and immediately applying for a
new passport. Deportation can be delayed by weeks or months by BID
officials "losing" your passport.
Q. Will the Philippine Government pay for the plane ticket used when I
deport?
A. No. Some detainees have been here for years waiting for someone to
buy them a ticket home. Some embassies will buy your ticket, while
others will loan you the money. Some will not help at all. There is an
organization at the Bicutan Detention Center, called the New
Foundation,
that buys tickets for those that cannot get a ticket in any other way,
but it may be a very, very long wait. If you have extra money, the New
Foundation would welcome donations to help send these people home.
Q. I am sick, will the BID take me to the hospital and who will pay
the
hospital bill?
A. Maybe. Getting sick is probably one of the worse things that can
happen to you while in detention. One man states it this way:
"If you are 95% dead, they will take you to the hospital and when you
recover to only 90% dead, they will bring you back to Bicutan."
The fact is that they will do just about anything that they can and
will
give the most unbelievable excuses to keep from having to take you to
the hospital. In one case, a man needed to go to the dentist, a
situation that was obvious by the golf ball sized lump on his jaw.
When
the embassy personnel made their regular visit, he informed them of
his
need. The next day someone from the embassy called the BID warden and
asked him why this man was not taken to the dentist. The warden,
showing
his qualification to be a high-ranking officer in the BID Intelligence
Division, told the embassy personnel that they could not take this man
to the dentist because he had already been deported. The man has been
to
the dentist and is currently still here. In another case, a man in
severe pain and dying of cancer was made to wait in the sun for two
hours when he urgently needed medical care. The reason given for the
delay by the guards was that they were preparing to eat. That man
later
died in his bed, here at Bicutan. Another man recently died, of
untreated asthma, in the very spot where I now sleep. 7 people have
died
in the Bicutan Detention Center.
There are also many contagious diseases harboured in the population
here, including tuberculosis. The only way to get medical treatment is
to have your embassy or the government of your home country pressure
the
BID until they secure treatment for you. Of course, you will have to
pay. Your embassy may be able to make arrangements for you to pay your
hospital bill. If you cannot pay the bill, the hospital will file a
case
against you for the amount and you will not be allowed to leave the
country until the case is finished. Another strange thing that happens
when the BID is the one to take you to the hospital is that the bills
are double what they would normally be.
Q. How many people are being held here at Bicutan?
A. As of this author's last visit to the guard house, there were 221
being held inside the Bicutan Detention Center, with 6 more being out
to
court or in the hospital. The Bicutan center appears to be designed to
hold 96 inmates, while the water and sanitation systems are only
sufficient for 60-80 inmates. Whether or not the population listed is
accurate is in doubt. Recent statements by the commissioner, Andrea
Domingo, claim that there is an average of 120 detainees, while some
detainees claim the number is closer to 300. It is clear that even the
BID itself is unsure about who is detained here. During a recent roll
call of detainees, it was discovered that there were two persons not
listed on the BID's official roster of detainees.
Back to Index
Section II
Court
Q. I have one or more criminal cases pending before the court, can I
be
deported?
A. Technically, no. But as mentioned earlier, money can fix anything.
The BID will happily deport you, regardless of your pending cases, if
you are willing to pay for their services. But anything can happen.
Things can be overlooked, mistakes can be made, and maybe they just
don't care sometimes. If you plan to deport anyway, it cannot hurt to
apply for deportation, you may get lucky.
Q. Will the BID take me to court on my court date and do I have to
pay?
A. Experiences on this subject vary widely. The BID is required by
law,
as your custodian, to deliver you to court on the dates ordered by the
court. Actually getting the court to send a proper subpoena to the
proper person at BID, usually the warden at the Bicutan Detention
Center, sometimes is the first hurdle. Keep in mind that unless you
committed some real crime, like robbery or murder, your detention is
primarily to satisfy some Filipino's desire to punish you and/or to
get
you out of the way so that the Filipino can do as they wish with your
possessions.
The courts know that this is the case, and will become quite lax in
following the rules of court. In some cases the court will openly
admit
that they failed to even attempt to deliver the subpoena to anyone,
and
in other cases they will fail to deliver the subpoena to the correct
place. If this is a problem for the particular court that is hearing
your case, have your lawyer get the subpoena for you and have it
delivered by courier, with return receipt, to the warden of the
detention center that you are being held at. You should be notified by
the staff of the detention center when they receive a subpoena stating
that you are to be brought to court. At Bicutan, you will be able to
see, or have someone look, for your court date on the large
calendar-like board in the guard house. If possible, you should have
your embassy follow your case in the court, to minimize the possible
excuses to be offered by the court if they fail to deliver the
subpoena
correctly. You should also have the embassy follows up with the BID
after you know that the BID has received your subpoena, and again a
few
days that you are supposed to be taken to court.
When your court date arrives, be ready, but do not be over-expectant.
The track record of the BID with regard to delivering detainees to
court
is fair at best. A major factor affecting the willingness of the BID
to
deliver you to court seems to be the distance of the court from the
detention center. If your case is in Metro Manila, you will likely go.
But as the distance from Manila increases, so does the reluctant of
the
BID to take you there. If the case is against you, they are required
to
take you and they are required to pay. If they ask you for gas money,
etc., refuse.
And while it would seem that a subpoena is a subpoena, and all should
be
treated equally, if it is a case that you have filed against someone
else, they will refuse to take you to court, unless you pay. I believe
that the reason for this is to keep you from fighting back against
this
silent conspiracy of Filipinos vs Foreigners. Of course, if you are
willing to pay, they will happily take you every time. The money you
pay
will be shared by the agents involved, as the BID will actually pay
for
the trip. This is another case where graft money will defeat the
agitating Filipino in the eyes of the BID.
If the BID does not deliver you to the court, do not be surprised. You
may try to file a case of Contempt of Court against the warden of the
detention center, and possibly against the Commissioner, as the theory
of "command responsibility" is included in the laws of the
Philippines.
But remember that the BID will not deliver you to court for a case in
which you are the complainant, unless you pay. The good news is that
the
crime of Contempt of Court is a crime against the court, and as such,
a
crime against the people of the Philippines. This fact makes it
possible
for anyone to file the case. Your mate or friend, who is on the
outside
and preferably a Filipino, can file this case. You may also be able to
present the case to the Ombudsman responsible for the region in which
the case was filed, and the Ombudsman may prosecute the case on your
behalf. Experience has shown that the more cases you have outstanding
against the BID, the more eager the BID will be to deport you,
possibly
with complete disregard to any other outstanding cases you may have.
If
the BID has caused you to miss two court dates in a row, the
likelihood
that they will deliver you to court increases. If the BID causes you
to
miss three court dates in a row, the court itself can charge the
warden
with Contempt of Court. If this happens, it is imperative that your
lawyer, and possibly your embassy, push the court to do this.
Q. Will I receive a fair hearing in the court?
A. This varies widely. There are some factors to consider while
pondering the course of action relating to your case. First and
foremost
is this: lying is endemic, inherent and accepted in Philippine
culture.
Filipinos routinely lie, even while under oath. If you read the
newspaper, you may have noted the regularity with which Filipinos will
recant their sworn statements, even in high-profile cases. This act,
in
and of itself, implies perjury, and would quickly garner a charge of
perjury for the person that recanted in most jurisdictions. An
editorial
column in a Philippine newspaper in mid-2003 ran with the headline
"Nobody Goes to Jail for Perjury in the Philippines," after a witness
recanted his sworn statement against a Philippine Senator.
The sad fact is that it is true. In a country that prides itself on
being devoutly Roman Catholic, it is appalling to see the ease and
regularity with which the Filipinos will start lying, immediately
after
taking an oath to tell the truth on the Bible. And that is only the
beginning. Because of the silent conspiracy to avenge colonial
oppression, you, as a foreigner, will always assumed to be the one
lying. 90% of the time the court will choose to believe the Filipino's
statement over yours, no matter how outrageous and unreasonable the
Filipinos statement is.
The next thing to consider is that in the courts, like in the BID,
justice goes to the most well-connected and highest bidder. The bright
spot here is that the amount required for a successful bribe are much
lower than with the BID, perhaps by a factor of 100x. But this is
dependent on the amount of bribe money that your opponent is offering
to
pay. Also, if your opponent or their family is well connected, you may
not have any chance, regardless of the evidence or the amount of
bribes
you are willing to pay, as the judge may fear political reprisals by
your opponent.
This is a valid concern for the judges, because this is the nature of
the Philippine courts and the linkage between the courts and politics
in
the Philippines. This is by design. Since the Philippines judicial
system does not use the jury system, the judge has sole discretion
with
regard to the verdict. This insures that the precedence of graft and
corruption winning over the evidence is followed. And since judges
serve
at the whim of the executive, if they were to rule against the
politically powerful, they would likely find themselves as a judge in
some remote outpost, or not a judge at all, losing the revenue stream
of
graft and corruption money that comes with the position.
The best defence in a case like this is to have a lawyer that is as
politically powerful as your opponent or their lawyer. Their fees will
be high, as they could just as easily be in the position of judge.
These
fees are in addition to the "fees" that will still have to be paid to
the judge and other court employees for favourable handling of your
case.
Q. Can they put me in prison?
A. Of course. But in practice, they will probably not put you in
prison
or allow you to serve your sentence in the jurisdiction in which you
were sentenced. The reason for this is, despite declarations to the
contrary by the BID, that detention by the BID is punitive in nature,
to
satisfy a certain Filipino's desire to punish you, and to isolate you,
preventing you from interfering with the Filipino's actions. If you
would be allowed to complete your sentence in the normal penal system,
you would likely more in touch and physically closer to your friends,
business and possessions.
The normal penal system is also much more responsive to, and set up to
handle, subpoenas calling you to court. This makes it much easier for
you to file cases against the persecuting Filipino and to attempt to
retain your properties, precisely the types of actions that the BID
seeks to deny your access to.
There are also the issues of bail, probation and provisional
dismissal.
In a normal jail, you could file and appeal and ask for bail while the
appeal is pending. If you were then able to post bail, you would be
released from the jail without the BID being notified. Likewise, you
may
petition the court for provisional dismissal, and if your petition is
approved, you would be released without notification of the BID. The
BID
sees these as against their hidden mandate to punish and isolate
foreigners, and would also allow the foreigner to use the courts in a
normal way to protect his interests. In most cases, the BID will
retain
custody of you and will ignore any orders for release, due to the
granting of bail by a court or due to provisional dismissal, as they
will claim that they are holding you for deportation proceedings and
not
your sentence. Deportation proceedings can not take place until your
sentence is satisfied. When charges are filed, a hold departure order
is
issued against you, so you will not be allowed to leave the country if
you are released, either through bail, provisional discharge or
escape.
Q. What is a hold departure order and does it really stop me from
leaving the Philippines?
A. When a hold departure order is placed against your name, your name
is
added to a list kept in the BID computers. This list is a sort of
reverse blacklist, listing the names of the people that are not
allowed
to leave the Philippines. In practice this has very little meaning,
and
it is very easy for a corrupt BID official to whisk you past the
immigration desk at the airport, if you are willing to pay them a
bribe.
This is true even if you have escaped custody of the BID, but more
risky. The agent could easily turn on you, especially if he senses
that
he may be caught, and arrest you instead. There are also the more
conventional methods of leaving the country undocumented. These ways
include being a stowaway on a commercial shipping vessel, using a
different name and passport to pass through immigration or by using a
private vessel, such as a fishing vessel or even a pump boat, to pass
to
a neighbouring country.
Q. If the hold departure order stops me from leaving the country and
deportation proceedings cannot begin until my case is completed, why
am
I being held by the BID?
A. For two reasons. The primary reason is to fulfil the hidden mandate
of the BID to punish and isolate foreigners. To allow you to be free,
but confined to the Philippines, is not considered by the BID to be
great enough punishment. It would also make you free to control your
affairs and to use the courts in your favour. The second reason is
that
it is widely known and accepted that corruption is rampant within
their
own organization. The BID knows that it would be very easy for you to
escape the Philippines, even though a hold departure order exists.
Q. If my case is dismissed or I am acquitted, will the charge of
"Undesirable Alien" be removed from the deportation proceedings?
A. NO. Since the BID proceedings are an administrative matter and not
judicial, they are not bound to recognize judicial findings as fact.
They will claim that deportation is mainly a police action, to protect
the Philippines from people who may be inclined to criminal activity.
This means that the mere accusation of criminal activity makes the BID
consider you a criminal, and as such, and undesirable alien. They also
know that the courts in the Philippine Judicial System are just as
corrupt and graft-ridden as their own organization. The BID knows that
it is very easy for anyone to have their cases dismissed or win
acquittal through bribery. The BID also knows that to accept these
court
decisions as fact would weaken their case against you and weaken their
ability to demand large bribes.
Back to Index
Section III
Errata
History
V0.1 Initial version, after a discussion about whether the guards
would
stop asking money if all detainees were aware that it was not
necessary.
V0.2 Added 3 new questions with answers. Added information from
Supreme
Court rulings and information condensed from transcripts of Philippine
Senate hearings. HTML version.
V0.3 Simple cleanup of errors and language simplification
--
" If ye love wealth better than liberty, the tranquility of servitude
better than the animating contest of freedom, go home from us in
peace. We ask not your counsels or your arms. Crouch down and lick the
hands which feed you. May your chains set lightly upon you, and may
posterity forget that you were our countrymen "
-Samuel Adams
kurakot
This department like many others should be eliminated..
It just a waste.
<kkr...@whirlins.com> wrote in message
news:cd7a2ebf.0312...@posting.google.com...
BID - Kidnap Victim
Deportation. There are currently 9 Americans being held by BID in the
Philippines and only 2 deserve to be there.
Over a business dispute (I wanted the local Filipino partner, David
Cruz, III, to grant the contract he agreed to regarding software
development. When I demanded after waiting 3 months that I have a
contract and he did not follow-thur, I quit making an effort to get
companies to buy his software (which I later found out was actually
pirated from SVI). He then called the Comissioner Andrea Domingo whom
used to be employed by his cousin and had me abducted form a Makati
office where I was negotiating a consulting agreement with a local
real estate development company for introducing foreign investors into
the Philippines market.
The methods employed by this comissioneer ARE CRIMINAL. MY GROUP IS
MAKING EVERY EFFORT TO:
1) CUT TRADE TIES TO THE PHILIPPINES
2) HALT ALL ALL - HUMANITARIAN, MILITARY AND OTHERS DUE TO THE FACT
THE MONEY IS RARELY ENDING UP IN THE HANDS OF THE INTENDED RECIPIENTS
- THE POOR, IT I S BEING STOLEN BY CORRUPT GOVERNMENT OFFICIALS.
3) STOP DOLLAR RELITTANCES - A'LA MYANMAR
The Human Rights Abuses have to stop because ONCE THE POPULATION OF
AMERICA IS AWARE OF WHAT IS HAPPENING - they will demand that these
abuses stop.
Andrea Domingo = Criminal (and cousin of Chief Executive and Criminal
Officer, Gloria Arroyo).
Bicutan is Hell, there are currently 250 foreigners being illegally
detained there AND the Comissioner has just issued an order to "arrest
every foreigner possible before Christmas).
If you do not believe me, go to the Intramuros office and check for
yourself.
I will not give my real name becuase I do not want to jeopardize the
efforts being made to release my brothers still on the inside.
Call your senator, call the Bureau of Democracy, Human Rights and
Labor of the State Department and demand that this stop.
"Victim"......
kkr...@whirlins.com wrote in message news:<cd7a2ebf.0312...@posting.google.com>...
kurakot
"BID - Kidnap Victim" <rconl...@yahoo.com> wrote in message
news:47b67ea2.03121...@posting.google.com...
kkrunch
criminals that run BID?
"kurakot" <kur...@canada.com> wrote in message
news:gK4Db.702144$6C4.407768@pd7tw1no...
kurakot
"kkrunch" <kkrunch-re...@whirlins.com> wrote in message
news:brio1...@enews1.newsguy.com...
kurakot
cut corners or at least a few fingers
DA's operation in Manila is funded by USAID
"kkrunch" <kkrunch-re...@whirlins.com> wrote in message
news:brio1...@enews1.newsguy.com...
kurakot
you about a basket full of cash....
all it takes is mohney
"BID - Kidnap Victim" <rconl...@yahoo.com> wrote in message
news:47b67ea2.03121...@posting.google.com...
wt-dragon
it actually quite a shame.
I know people like that; you can't trust them, and they are always seeking
a way to
"get even" and are full of hate and deceit. I feel sorry for them. They will
never amount to much,
because their integrity has been detached from their soul.
But I guess you find that everywhere. Its too bad that as a people, they
haven't found enough dignity or strength to
stand up to this kind of degradation to their society, and stand up for
their Constitution and Bill of Rights. I assume, however, that
these things came at a great expense, perhaps I am wrong. Perhaps they are
nothing more than paper.
its a shame.
Id still like to believe that the majority of people are not this way.
"kurakot" <kur...@canada.com> wrote in message
news:WZyDb.726617$9l5.45343@pd7tw2no...
kurakot
works
there works only for the rich and privileged
i would not blame the people - they have no guns
"wt-dragon" <kkrunch-re...@whirlins.com> wrote in message
news:brmo4...@enews1.newsguy.com...