My Statement To The NBI

REPUBLIC OF THE PHILIPPINES)

CITY       OF    ILIGAN                    )S.S.

 

 

 

A F F I D A V I T

 

          I, JEFF EVANS, of legal age, American citizen, divorced and a resident of Tamula       Apartment, Oxford St, Celdran Village, Tubod, Iligan City, after having been duly sworn to in accordance with law, hereby depose and say, that:

            1. On October 12, 2009, at the bottom of the stairwell of Bangkok Nights Restobar, I was illegally aressted, transported to Cagayan De Oro and then Bureau of Immigration Davao City District Office for commitment without due process or proper investigation.

            2. I was in the stairwell of Bangkok Nights Restobar because I received a text from Mylen Monte, the owner of the restobar and the owner of the recently closed Games & Chat Zone Area internet café across the street. The contents of the message stated:

  “Manager of mhuiler asking the key for d café. Someone steal d  pawnshop. Thy want 2 chck upstair how the theif go inside the pawnshop”  Exhibit 1

  1. I had possesion of the keys because Mylen asked me to talk to the owner of the building regarding the return of her deposit. She gave me those keys the previous day.
  2. Based on the text I contacted Mylen and agreed to meet her at the Bangkok Nights Restobar.
  3. Upon arrival at the restobar with my personal assistant, I proceeded upstairs. Just inside the door, behind the bar was one of her workers. I asked where Mylen was. I was informed she just left. I immediately departed to see if I could find her.
  4. Upon entering the stairway I saw a number of men standing in the bottom of the stairway. The one up front had a badge around his neck. I initially thought these were the police officers investigating the breakin. I pulled the two keys from my pocket. One of the men called me by name and said they were from immigration. They commanded me to come with them and just cooperate. They said we were going to the immigration office.
  5. I told them that I needed to get these keys to the people across the street. They were uninterested but curiously one of them said “Why do you have so many keys?” In reflection this tells me he probably knew the story about the pawn shop was just a rouge to get me to the bar.
  6. I asked what this was about and was simply told to come with them. I gave the keys to my personal assistant who later informed me by cell phone that there was no breakin or theft at the pawn shop.
  7. I was escorted to a waiting vehicle. After getting insiide I said: “I am an American in Mindinao. Show me some identification.” At this point they showed me some ID cards. They told me we were going to Cagayan De Oro. I asked what for. They told me they did not really know but it would be explained to me in Cagayan. (As one of these men is the Regional Director, requested the mission order and executed it, this was obviously a lie.) Exhibit 2

3. Enroute from Cagayan De Oro I was asked questions. I answered them clearly. The officers seemed to think that my business was a call center. I was asked if any immigration agents had ever asked me for “extra” money or bribes. I answered no. The agents in Iligan and CDO had thus far been straight up with me. I would later see the motivation for this question. I explained to them that it was not a call center. This red herring would later be used by them in further deception. I was lied to a number of times during this ordeal.

            A. In the van from Iligan City to Cagayan De Oro I asked if I would be allowed to return to Iligan that day. I was told I would. – That was a lie.

            B. I was told my rights would be explained to me when I reached Cagayan De Oro. They never were. When I asked about them in Cagayan De Oro I was simply told “Due Process” – Another lie.

            C. I was told I was going to Manila. – Another lie.

            D. I was then told I was being taken to Davao to meet with some computer experts from Manila because these gentlemen could not understand why I was not a call center. I never met with any computer experts. – Another lie.

            E. I was told we would be going by Iligan City. This was important because I needed to leave my cash and ATM behind so that payroll of the Team Sir Jeff Internet Marketing – Outsourcing Company could be paid ontime. – Another Lie

            F. When I referenced my people needing to be paid – I was told “Do not worry about them. Worry about yourself.”

            G. When I asked what was going to happen in Davao because we were arriving in the middle of the night I was told they did not know. – Another lie. I do not speak your language but the english words “commitment order” were used in the CDO office. This was later verified when I saw the paperwork given to my lawyer. When in transit from CDO to Davao I felt like I was being kidnapped and was not even sure we were going to Davao. I was sure that we were not on the road to Iligan City. Exhibit 3

            H. The agents had heard my explanation of everything they asked about. I showed them the texts I had received since I was picked up that showed who had orchestrated this and explained their financial motives. I was simply told: “There is nothing we can do. The mission order came from Manila.” Another lie. The mission order was requested by them and was not followed. Exibit 4

            I. Enroute from Iligan City to CDO I told the agents I had a work permit from the Department of Labor And Employment. They told me that was only for locals. – Another lie. My permit says Alien Employment Permit 3 – For Non Resident. Exhibit 5

 

4. Once in Davao I was taken upstairs. In the office of the head of intelligence (not in his presence) I was told that If only I had a temporary residence permit, I would not be having any of these troubles. I was further informed that they had “contractors” who for a fee of between 125000 pesos and 250000 pesos could get me the appropriate visa and all of this would be over in 4 to 7 days. I was then placed in a cell with three other prisoners. The agents were well known to the prisoners. I was given a blanket and pillow and left incarcerated until October 22, 2009 when I was released to the custody of my lawyer as a result of a habeas corpus hearing filing.

            A. The lawyer representing the Bureau of Immigration could not explain why I was being held and stated she needed more time. The Judge set a hearing for December 2, 2009 and ordered my release. Exhibit 6

            B. At no time during this ordeal have I spoke to a prosecutor or been afforded the opportunity to do so. I have never been explained my rights.

            C.  As of 12:00 (Noon) October 30, 2009, not I or my lawyers have received a charge sheet.

5. I have received numerous threats related to these actions. Some are identified and some are not. They consist of the following so far:

            A. October 27, 2009 13:39 from 639187930455 “I know where u r and u are now n distress we will hammer u down until u shrink u shit go out of our country” Exhibit 7A

            B. October 27, 2009 13:43 from 639187930455 “Ur adding ur enemy we will not stop until we kick u out u don’t know who ur facing u shit doing illegal” Exhibit 7B

            C. October 27, 2009 13:49 from 639187930455 “Sure just wait u shit” Exhibit 7C

            D. October 27, 2009 13:49 from 639187930455  “We will see it was just a start u wil swallow more” Exhibit 7D

            E. Forwarded by Mylen Monte allegedly from Col. Rene Orbe (PDEA) October 28, 2009 21:04 from 639351811160 “The evedinces is not on bangkok nights it is team jeff corp papers which says he manage president he is not suppose to engage in business he is n extended tourist and his application for special visa to engage n busines s disaproved we wil deport him (txt msg frm orbe dat I save)” Exibit 7E

            F. Forwarded by Mylen Monte allegedly from Col. Rene Orbe (PDEA) October 28, 2009 21:04 from 639351811160 “that foreigner is harassing through his big mouth don’t worry he will be deported he s stil a tourist he cnt engage n busines we got all d evidene he did not appear in our hearing here n gensan I will help in deportation process for his illegal stay in iligan RELAY THIS TO HIM. TXT MSG OF COL ORBE” Exibit 7F

            G.  Forwarded by Mylen Monte allegedly from Col. Rene Orbe (PDEA) October 29, 2009 13:44 from 639351811160 “Tell hm I talk wid lawyers of immigration n manila thre wil a trial and I told thm team jeff stil operates although there s cancellation of svecs application I call permit div iligan to cancel the business of dat white monkey american( TXT MSG FRM COL ORBE)” Exhibit 7G

            H. Forwarded by Mylen Monte allegedly from Col. Rene Orbe (PDEA) October 28, 2009 18:45 from 639351811160 “That white american monkey wanted to join the iligan rotary club (his another txt msg)” Exhibit 7H

            I. Forwarded by Mylen Monte allegedly from Col. Rene Orbe (PDEA) October 28, 2009 18:45 from 639351811160 “I have american brothr and sister in laws I have a multiple entry visa the diplomatic service agent is my friend I know he is afraid I calle iligan city” Exhibit 7I

            J. November 2, 2009 11:43 from 639187930455 “Wait 4 UR another warrant u can run but u cnt hide ur lawyr knows that u are illaglly engages in busines he is making money ur team jeff corp is illegal show ur papers to othr lawyer ur special ds apprvd ur a tourist all ur permit is illegal we are going to canceal u are corruptng tm also the dole” Exhibit 7J

            K. November 2, 2009 11:55 from 639187930455 “See u n jail again ur visa xpire dis month extend again as tourist” Exhibit 7K

            L.  November 2, 2009 13:08 from 639187930455 “Does not d law we wil see u cnsult anothr lawyer show ur papers ur permit of team jeff has been granted but ur application for special visa denied how could it b legal ur ignorant it wil b canceal just wait and ur warrant atty salazar wil get all properties once u wil b dported.” Exhibit 7L

            M. November 2, 2009 20:12 from 639187930455 “Ur a tourist remembr asking 4 extnsion ur request 4 special permit has been hold ur busines permit is illegl u paid them we wil work 4 cancealation we will investigate mr lacuna ask anothr lawyer tel him evrything he wil surely tel u ur losing better volunter to go out we wil arest u atty salazar is on win win solution he wil get all ur property or atty siao ur a fool” Exhibit 7M

            N. November 2, 2009 22:20 from 639187930455 “Surely wil and u will tremble just wht u did whn u were arrested” Exhibit 7N

6. Mylen Monte has reported to several people including myself that Col. Rene Orbe is the mastermind behind this attempt to have immigration deport me. There are multiple reasons for this:

            A. Col. Rene Orbe has a lawsuit against me in General Santos. My deportation would allow him to win by default. In my staying I do not believe he has a prayer of winning.

            B. Col. Rene Orbe filed a case against me for perjury in Iligan City. The prosecutors dismissed the case. In his complaint he actually puts forth false statements. These were readily identified by the prosecution.

            C. Col. Rene Orbe works for PDEA. Why is he involved in what he thinks is an immigration matter.

            D. Mylen Monte has agreed to supply a deposition to the ststement in 6 above.

7. The mission order I was “apprehended” on was illegal.

            A. The Executive Director & Chairman, Regionalization Program of the Bureau of Immigration, Franklin Z. Litaua, issued MISSION ORDER NO. MCL/A-X-09-0002 dated 08 October 2009 directing the following:

“validate the admission status, immigration documents, existence and sufficiency of investment in the country (for investor’s/retiree’s/13-quota visa holder), and activities of foreign subject national and, if found to be in violation of Philippine Immigration Law, bring him to the Bureau for further disposition.”

B. Based on said Mission Order, Immigration employees Maclin D. Lanto, Rashid Ragiris, Basher Pagariungan and Camid Musor, Jr. apprehended Jeffrey Alan Evans, American National on 12 October 2009. I have been deprived of my liberty since then.

C. The Mission Order is actually a warrant of arrest  because it effectively deprived an individual of his precious liberty.

D. The Mission Order is illegal and the deprivation of liberty by the Immigration Official of Mr. Jeffrey Alan Evans by virtue of said Mission Order  is a serious violation of Executive Order No. 287 issued on 04 September 2000 by President Joseph Estrada. Quoted is the pertinent provision of the said EO:

SECTION 1. Authority to Issue Mission Orders for Verification and Investigation of Suspected Illegal Aliens .–  Upon a well-founded and reasonable determination by the Commission of Immigration, based on available and verified civilian, immigration, or military intelligence reports, that an alien has committed, is actually committing or is about to about to commit an act of omission in violation of immigration laws, rules and regulations, or in violation of Philippine laws, rules and regulations, which may constitute grounds for deportation, the Commissioner of Immigration or in his absence, the Acting Commissioner of Immigration is hereby authorized, in the interest of national security, public safety and/or national interests, to issue a mission order  directing appropriate officers of the Bureau of Immigration, whether organic or on detail, to conduct verification and investigation operations against the alien or aliens concerned, and if probable cause exists, to effect a warrantless arrest of such alien or aliens in accordance with Section 5, Rule 113 of the Rules of Court, if found in flagrante violating Philippine Immigration laws. (Emphasis supplied).

E. The Mission Order is illegal and the deprivation of liberty by the Immigration Official of Mr. Jeffrey Alan Evans by virtue of said Mission Order  is a serious violation of the Constitution because it was issued by a person unauthorized to do so. Deprivation of liberty can only be done through a warrant of arrest issued by a judge, to quote:

Unquestionably, the exercise of the power to order the arrest of an individual demands the exercise of discretion by the one issuing the same, to determine whether under specific circumstances, the curtailment of the liberty of such person is warranted. The fact that the Constitution itself, as well as the statute relied upon, prescribe the manner by which the warrant may be issued, conveys the intent to make the issuance of such warrant dependent upon conditions the determination of the existence of which requires the use of discretion by the person issuing the same. In other words, the discretion of whether a warrant of arrest shall issue or not is personal to the one upon whom the authority devolves. And authorities are to the effect that while ministerial duties may be delegated, official functions requiring the exercise of discretion and judgment, may not be so delegated. Indeed, an implied grant of power, considering that no express authority was granted by the law on the matter under discussion, that would serve as a curtailment or limitation on the fundamental right of a person, such as his security to life and liberty, must be viewed with caution, if we are to give meaning to the guarantee contained in the Constitution. If this is so, then a delegation of that implied power, nebulous as it is, must be rejected as inimical to the liberties of the people. The guarantees of human rights and freedom can not be made to rest precariously on such a shaky foundation. [1]

 

8. If the mission order was legal for the sake of argument the arrest was not. The circumstances in my arrest do not meet the requirements of a warrantless arrest. The arresting officers, namely, Maclin D. Lanto, Rashid Ragiris, Basher Pagariungan and Camid Musor, Jr. described the arrest as follows:

That a Tipster informed us that Mr. Evans will go to Bangkok Night Restaurant which he also owned, managed, and operated. At around 12:30 pm Mr. Evans was doing routine check of his establishment, undersigned apprehended Mr. Evan after introducing ourselves as agent of Bureau at the same time informing him of his rights guaranteed in our constitution in a plain and clear English Language which he speaks and understands. Mr. Jeffrey Alan Evan did not resist and voluntarily agreed to go with us to Cagayan de Oro Immigration Office. (Underscoring supplied).

 

  1. No evidence has been presented that I own, manage or operate Bangkok Nights Restaurant. As stated in Section 2, 2A, 2B, 2C and 2E There was a rouse to get me to Bangkok Nights under false pretenses and 2E and 2F suggest that they were not only aware of the rouse but willing participants.
  2. As stated in Paragraph 3B I never had my rights explained to me. This is a wilful false statement by these officers.
  3. I was in Bangkok Nights for less than 20 seconds. I asked if Mylen was there and then left as described in section 2.
  4. If they believed that I owned, managed and operated the Bangkok Nights Restobar my arrest was based on warrantless arrest provided by the Rules on Criminal Procedure. The pertinent provisions of Rule 113 of the Rules on Criminal Procedure on  warrantless arrest provide:

Sec. 5. Arrest without warrant; when lawful. – A peace officer or a private person may, without a warrant, arrest a person;

1) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;

2) When an offense has just been committed, and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it; and

3) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.

E. Section 5, above, provides three (3) instances when warrantless arrest may be lawfully effected: (a) arrest of a suspect in flagrante delicto; (b) arrest of a suspect where, based on personal knowledge of the arresting officer, there is probable cause that said suspect was the author of a crime which had just been committed; (c) arrest of a prisoner who has escaped from custody serving final judgment or temporarily confined while his case is pending.

For a warrantless arrest of an accused caught in flagrante delicto under paragraph (a) of Section 5 to be valid, two requisites must concur: (1) the person to be arrested must execute an overt act indicating that he has just committed, is actually committing, or is attempting to commit a crime; and (2) such overt act is done in the presence or within the view of the arresting officer.[2]

 

F. None of the above circumstances was present when I was arrested.  The arresting officers did not have any proof whatsoever that Bangkok Night Restaurant is owned by me, at the time they arrested me; there was  no manifest act on the part of me that I was managing  or operating the said restaurant. The description used in the activity of myself when I was arrested was that I was  “doing routine check of his establishment.”  The phrase “doing routine check” is vague, unclear, unprecise and does not meet the requirement of evidentiary rules. At the time of my arrest, I was not giving instructions to the workers in the restaurant, I was not in an office room, I was not writing or drafting memos, I was not writing out checks for payment of bills, I was not in a conference with other businessmen, I was not on a computer, I was not examining any financial documents, I was not holding any vouchers, and not acting in any manner that would connote managing. I was merely walking down the stairs.

G. The manner in which I was arrested showed the danger of misuse. It should be abated immediately. “But in cases where the challenged acts are patent invasions of a constitutionally protected right, we should be swift in striking them down as nullities per se. A blow too soon struck for freedom is preferred than a blow too late.”[3]

9. The above facts and circumstances show an alterior motive by the agents of the Bureau of Immigration. Consider the following:

            A. All evidence they presented in the “REQUEST FOR THE ISSUANCE OF MISSION ORDER AGAINST JEFFREY ALANS EVANS” pointed to the existence of a legitimate business operating legally. To wit:

                        1. The stenographers notes of crimminal case number 08-91008-911 where I testified against Butch Muldez for usurpation of authority. In my testimony I stated under oath that I am the President and managing Director of Team Sir Jeff Corp. This is a legal enterprise, The SVEG (Special Visa for Employment Generation) required that I set up a corporation, comply with numerous regulations and then apply for the SVEG. It has now been established several times that I am allowed to go directly from a tourist visa to an SVEG. The requirements of the SVEG state:

“The application shall also certify, among other, that: (applicable parts)

“(b) The applicant is engaged in a viable and sustainable business activity, investment, enterprise or industry in the Philippines;

(c ) The applicant exercises acts of management with authority to employ, promote and dismiss employees;

(e) The applicant’s business activity, investment, enterprise or industry is a real and on-going affair requiring daily supervision that shall provide employment for at least ten(10) long-term full time/regular Filipino workers in accordance with Philippine labor laws and other applicable special laws;”

                        2. “In an email chat also he was caught directly hiring filipina to work for him thru webmail address Date Asia. First there is nothing illegal in this. Second – I had not sent any replies to anyone on Date in Asia since September 17, 2009. Who “Caught” me. Was this agents of the Bureau of Immigration? Their tipster? Butch Muldes? (Witnesses at the seen reported that Butch Muldes lead immigration agents to me.) Col. Rene Orbe? If it was the Bureau of Immigration, where did the authority to investigate come from. If it was Col. Rene Orbe – what role does PDEA play in immigration work permit issues?

                        3. The request states that I am “the owner and in fact engaged in a business, of internet café/bar team sir jeff in Iligan City” My Corporation papers were included. This is a false statement. Team Sir Jeff has nothing to do with a bar or Internet café.

4. In the request for the mission order Maclin D. Lanto requests that my SVEG be denied. So he was more than aware that I was an applicant for the SVEG. His office had checked my paperwork prior to submission back in July or August.

5. I was not questioned in Iligan City. I was immediately taken into custody and from the time I arrived in CDO Maclin D. Lanto worked on the paperwork for my incarceration. The mission order gave specific instructions for strict compliance. These instructions were not followed.

            B. Why the rush to judgement. Were they afraid I was going to escape with the 40+ jobs I had created for Iligan City under the SVEG program? Why were my explanations ignored? Why was I wisked off in the middle of the night to Davao? Why was I lied to so many times? Why were my rights never explained to me? Why did it take the act of a judge 10 or 11 days later to end my incarceration? Why after all this time could the Bureau of Immigration not explain my incarceration? Why as of noon on 30 October 2009, 18 days after my arrest have I nor my lawyers received a charge sheet?

            10. The above information shows that I was taken into custody illegally, transported against my will to two other cities and incarcerated. My civil liberties were violated from October 12, 2009 to present. The Bureau of Immigration is unwilling to admit it’s mistake. The officers involved, particularly Maclin D. Lanto violated my rights. I have reviewed the statue on kidnap. It refers to a private person. I do not know if a government agent acting outside the law is considered a private person. I leave this to the expertise of the NBI and the prosecutor’s office.

IN WITNESS WHEREOF, I hearby affix my signature this _______ day of November 2009 at Iligan City, Philippines.

                                                            Jeffrey Alan Evans

                                                            Affiant

SUBSCRIBED AND SWORN to before me this _____ day of November 2009 in Iligan City, Philippines.

 


[1] (Qua Chee Gan, et al. v. The Deportation Board, G.R. No. L-10280, September 30, 1963.)

 

[2] People vs. Laguio Jr. G.R. No. 128587 March 16,2007

 

[3] Francisco Chavez vs. Raul M. Gonzales, G. R. No. 168388, 15 February 2008

 

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