NBI Progress Report

The contents of this report are both shocking and eye opening.

 

NATIONAL BUREAU OF INVESTIGATION

Iligan District Office
DISPOSITION FORM

When answering please refer to Corresponding Entry No.

SECURITY CLASSIFICATION (IF ANY)

 

 

 

 

 

File No. ILDO# 09-118

 

Subject/s: Maclin D. Lanto, et at (Alleged Kidnapping) (C/V) Jeffrey Evans

 

 

 

 

 

 

 

 

 

 

 

 

To:                         From:                            Date:                                    Comment No.

  1. AIC-ILDO           SA R. BANGI           November 26, 2009                          C-1

PROGRESS REPORT

  1. This is in relation to the letter of Complainant/Victim Jeffrey Alan Evans
    dated November 26, 2009 inquiring for the status of the case he filed to this Command on 29 October, 2009 for alleged Kidnapping against the above named Subjects.
  2. Initial investigation conducted disclosed that Complainant Jeffrey Alan
    Evans, of legal age, single, and presently residing at 26 Oxford St., Celdran Village, Iligan City, is an American citizen from California, USA. Available document at hand revealed that he entered the country on August 03, 2007 as tourist for twenty (20) days. He subsequently applied for an extension of stay for him to be with his fiancée for a longer period of time. Since then he applied for an extension of stay in the country for various reason. At present, he manages a business Team Sir Jeff Internet Marketing — Outsourcing Company situated in Iligan City.
  3. In his Sworn Affidavit, Mr. Evans claimed, among others, that on October
    12, 2009 at about 12:30PM he was illegally apprehended at Bangkok Nights Restobar located at Quezon Avenue cor. Roxas Avenue, Iligan City by a group of men who introduced themselves as Immigration Agents of the Bureau of Immigration of Cagayan de Oro City. He narrated that he was at said Restobar at that time on the motivation of one Ms. Mylen Monte to meet him thereat for compelling reasons. Since Ms. Monte was not at their rendezvous, Complainant had to leave and, there and then, he was subjected to inquisition by the waiting operatives of Bureau of Immigration. In reality, he was aware that it was a set up orchestrated and concocted by Ms. Monte in vengeance to the law suit he filed against her, Butch Moldes, Col. Rene Orbe and a certain Capt. Jaraba.
  4. Despite his explanation and plea, Complainant averred that he was forced
    by the Immigration Agents to go with them and escorted him to a waiting vehicle after which he was immediately transported to Cagayan de Oro for reasons he does not know. After documentation, the Immigration Agents conveyed Complainant to Davao City. He was incarcerated there until October 22, 2009 and was released when his legal counsel filed a Writ of Habeas Corpus. For the ten (10) day period in their custody, the Immigrations Officials could not explain in Court on why no charge was filed against Mr. Evans. Subsequently, he received incriminating and threatening text messages in his cellular phone allegedly from Ms. Monte and from an unidentified sender.

 

05:                                                                                                             Witness Alma Caneban, of legal age, married and a resident of Laville,

NFA, Baraas, Iligan City affirmed in her Sworn Affidavit that, among others, she worked for Ms. Monte at Bangkok Nights Restobar until in the late of October, 2009. On October 12, 2009, she recalled receiving a text message from Ms. Monte to open the Restobar and meet Mr. Evans to get some keys. She asserted further that Ms. Monte immediately left the Restobar after which, a couple of minutes, Mr. Evans arrived. There and then, he saw Butch Moldes accompanied by male individuals took Mr. Evans with them. She argued that the accusation that Mr. Evans was making a routine check at Bangkok Nights is not true.

  1. In her Sworn Affidavit, Ms. Joan Perez Armirola, of legal age. single, an
    employee of Team Sir Jeff Company, and a resident of Upper Bara-as, Iligan City, averred that on Oct- ..er 12, 2009 Mr. Evans confided to her that he have to meet Ms. Monte at Bang’ ok Nights to hand over some keys. She alleged further that she accompanied Mr. Evans to the Restobar and recognized the presence of Ms. Caneban who was doing her chore thereat. Since Ms. Monte had left, Mr. Evans and Ms. Armirola decided -te leave the place. At the stairway, they met number of men who claimed they were Immigration Agents and told Mr. Evans to go with them. She never heard anyone of the men pronounced the Constitutional rights of Mr. Evans when Immigration Agents carted him away. In addition, Ms. Amirola is attentive that the Restobar is not regularly operating.
  2. Ms. Marie Chrisbie D. Chiong, of legal age, and a resident of rd floor
    Rm. 02, CM building, an Miguel St, Poblacion, Iligan City, stated in her Sworn Affidavit that sometime in’ ugust 2009, she was convinced by Ms. Monte to invest in her Restobar. Ms. Monte affirmed to her that she was the sole owner of Bangkok Nights and that she decided to move her pizza business to the Restobar. She came to know soon after that Mr. Evans owns the equipments inside the Bangkok Nights and that it is a subject to a court battle. Earlier, Ms. Monte confided to her that Butch Moldes together with the Immigration Agents from Cagayan de Oro City will pick up Mr. Evans and will be deported. She also disclosed that Ms. Monte assured to her that once Mr. Evans was deported, all the belongings of the latter will become hers.
  3. Perusal of other documents gathered disclosed that Mr. Evans was taken
    into custody by Immigration Agents led by Maclin D. Lanto as per Mission Order (MO) No. MCL/A-X-09-002 dated October 08, 2009. Mr. Lanto was aided by I/A Basher Pagariungan, C/A Rashid Rangtris and • C/A Camid Musor in the implementation of such MO with an order to “validate the admission status, immigration documents, existence and sufficiency of investment in the country, and activities of Subject American National (Mr. Jeffrey Alan Evans) and, if found to be in violation of the Philippine Immigration Law, bring him to the Bureau for further disposition”.
    1. Said Mission Order was requested by Mr. Laclin D Lanto in his Memorandum addressed for Hon. Marcelino C. Libanan, Bureau of Immigration Commissioner, thru Franklin Z. Littaua, Executive Director, Chairman, Regionalization Committee dated October 08, 2009. In his Memorandum, Mr. Lanto divulged that he received information from Mr. Harold R. Pacasum, Alien Control Officer based at Iligan Immigration Field Office, claiming that a certain Mr. Jeffrey Evans, an American National, is the owner and in fact engaged in a business of Internet Cafe/Bar Team Sir Jeff in Iligan City. He further stated that he immediately dispatched intelligence agents to verify and validate the report which he further declared that a tipster provided them a transcript of stenographic notes on Criminal case no. 08-91008-911 at the Municipal Trial Court of Iligan City where Subject (Mr. Evans) admitted under oath he is the President and Managing Director of Timzer Jeff in Iligan. Akin to this, Mr Lanto requested for the immediate issuance of Mission Order against subject for violation of Immigration Law and that the application of Mr. Evans for Special Visa for Employment generation under EO 758 be denied. In addition, Mr. Lanto suggested that subject be place under the Immigration Watch List.
    2. In his Operation Report, Mr. Lanto emphasized that a tipster informed them that Mr. Evans will go to Bangkok Night Restaurant which he also owned, managed and operated. He, too, maintained that they apprehended Mr. Evans, after they introduced themselves as Immigration Agents and informing him his Constitutional rights, at ‘about 12:30PM while the latter was doing his routine check on his establishment.
    3. Consequently, a Memorandum was penned by Mr. Lanto dated October 12, 2009, for Ms. Rowena Regalado, Immigration Area Director, Area 9, Davao City wherein he requested for the detention of Mr. Evans for violation of Immigration Law. Mr. Lanto also authored a Memorandum addressed to CU Guard­On-Duty, Bureau of Immigration, Davao District Office wherein he directed the addressee to detain Mr. Evans for the same violation.
    4. As a result, a deportation case was instituted against Mr. Evans docketed under D.C. No. MCL/LID — 09-10/19-132 at Bureau of Immigration, Magallanes Drive, Intramuros, Manila for violation of Section 37(a)(7) of the Philippine Immigration Act of 1940, as amended.
    5. Subpoena Duces Tecum was issued to Mr. Harold R. Pacasum on November 11, 2009 for him to furnish his report addressed to Mr. Lanto to this investigating Agent and to clarify the matter. He admitted that he prepared a report that Mr. Evans is engaged in business, in violation to EO 408. He also claimed in his report that Mr. Evans filed a baseless complaint against Iliganons which is a manifest of ingratitude and injustice. However, Mr. Pacasum manifested that his report was subject to verification and confirmation thru proper investigation.
    6. Subpoena was also issued to Mr. Maclin D. Lanto for him to appear on November 25, 2009 and to air his side but for unknown reason he did not emerge.
    7. Documentation of chat messages from DatelnAsia.com divulged that Mr. Evans was in Pattaya, Chonburi, Thailand when he allegedly recruited Filipino women to work with him. Scrutiny of downloaded messages showed that Mr. Evans is inviting prospective employees for his business in Iligan City.
    8. Certification from the PNP Iligan City Police Station — 5 dated September
      03, 2009 revealed that Ms. Mylene Monte y Jordan caused the recording of a Police Blotter which states, among others, that Mr. Jeffrey Evans allegedly entered Bangkok Nights Restobar premises without her permission and that he allegedly violated the Temporary Protection Order docketed under Civil case No. 11-7172 filed at Iligan City. Thus, the extract of Police Blotter clearly indicates that Mr. Evan does not own or manage said Restobar.
    9. Based on the forgoing facts and evidence gathered, Undersigned is tasked
      to determine whether or not there was a probable cause to file a case of kidnapping as defined and penalized under Article 267 of the Revised Penal Code against Mr. Lanto, et.al. and to determined whether or not, the apprehension of Mr. Evans by the Immigration Agents be considered unlawful thereby rendering it illegal.
    10. Article 267 of the Revised Penal Code states that “any private individual
      who shall kidnap or detain another, or in any manner deprive him of his liberty” is an act of kidnapping. As such, the essence of the offense of kidnapping is the actual deprivation of the victim’s liberty coupled with intent of the accused to effect it.
    11. Under Rule 113 of the Rules of Criminal Procedure, a peace officer of a
      private person may. without warrant of arrest, arrest a person lawfully: (a) a suspect in flagrante delicto (b) a suspect where, based on the personal knowledge of the arresting officer, there is a probable cause that said suspect was the author of the crime which had just been committed; (c) a prisoner who has escaped.
    12. It is also imperative to take cognizance of Executive Order No. 758
      otherwise known as the Prescribing Guidelines for the Issuance of a Special Visa to Non-Immigrant for Employment Generation (SVEG). Said EO is in accordance to Section 47 (a)(2) of CA No. 613, as amended, where there are foreigners who want to maintain a lawful presence in the Philippines by actually, directly or exclusively engaging in lawful, viable, and sustainable trade, business, industry, or activity offering local employment. Under the said EO, among the requirements for SVEG applicants are Certification from the petitioner’s Corporate Secretary that SVEG holder is still a stockholder/investor in good standing or he exercises managerial functions and that the said firm, partnership, entity or corporation; employs at least ten (10) Filipino workers; and Certified true copy of the Alien Employment Permit issued by the Department of Labor and Employment (DOLE), whenever applicable.
    13. The arrest of Mr. Evans was molded and arose solely from the report of
      Mr. Pacasum wherein he speculated that Mr. Evans owns a business in Iligan City, which is in violation to Commonwealth Act No. 613, an Act to Control and Regulate the Immigration of Aliens into the Philippines. Said report was addressed to Mr. Lanto wherein he immediately applied for the issuance of a Mission Order in which the among the conditions is to “validate the admission status, immigration documents, existence and sufficiency of investment in the country, and activities of Subject American National (Mr. Jeffrey Alan Evans) and, if found to be in violation of the Philippine Immigration Law, bring him to the Bureau for further disposition” was clearly specific thereto. Mr. Lanto relied mainlyon the word of his tipster and did not bother to verify whether Mr. Evans owns and manage Bangkok Nights Restobar, the place where Mr. Evans was arrested. To prove this, Mr. Lanto should have verified this to the Department of Trade and Industry, Securities Exchange Commission, Bureau of Internal Revenue or to any other concerned Government Agency. Likewise, the stenographic notes dated August 27, 2009 from Br. 12, Regional Trial Court, Iligan City showed that Mr. Evans attested that he is the President and Managing Director of a local business wherein he did not categorically specify nor. it can be rightfully concluded that Bangkok Nights Restobar was among his enterprise.

 

22.                     It can be deduced that Ms. Monte, being the person who caused the information lodged at the Police Blotter of PNP Iligan City Police Station 5, have something to do with the administration and control of said Restobar. It is also significant to note that Ms. Monte invited Mr. Evans to the Restobar on the pretext of imperative and compelling reason, thereby helping the Immigration Agents in apprehending their subject. Quite alarming is the presence of Butch Moldes, as accounted and claimed by witness Alma Caneba, during the implementation of Mission Order wherein he was not a privy to such operation. As such, it can be inferred that Ms. Monte and Mr. Moldes acted in connivance with the Immigration Agents.

23.                     Records showed that Mr. Evans applied for SVEG on September 03, 2009 as evidenced by BI Official Receipt No. 14627119. Akin to this, Mr. Evans shall actually, directly or exclusively engage in a viable and sustainable commercial investment/enterprise in the Philippines, exercise/performs management acts or has the authority to hire, promote and dismiss employees; he evinces a genuine intention to indefinitely remain in the Philippines; he is not a risk to national security; and his commercial investment/enterprise must provide actual employment to at least ten (10) Filipinos in accordance with Philippine labor laws. The herein mentioned requirements must be continually satisfied by the foreigner for him to continue to be a holder of the SVEG. On July 06, 2009, Mr. Evans was issued TIN 277-767-345 from the Bureau of Internal Revenue. He likewise able to secure an Mien Employment Permit 3 on July 09, 2009 which will expire on July 08, 2010.

24.                 ‘Mr. Evans was apprehended by an information that was received by Mr.
Lanto that former was allegedly working without proper visa, in violation of Section 37(a)(7) of CA 613. Mr. Evans applied for SVEG on September 03, 2009 and he was apprehended by the group of Mr. Lanto, Immigration Area Director of BI, Region 10, on October 12, 2009. Amiss to conclude that a foreigner should apply first for SVEG before he can prove that he can engage is lawful, viable, and sustainable trade or business and that he can employ at least 10 Filipino workers and process all the necessary business documents. Being an officer of BI, Mr. Lanto could have. effortlessly documented and verified the immigration status of Mr. Evans before causing the warrantless arrest. Moreover, it should be noted that the presumption of regularity in the performance of duties accorded to a government functionary can not by itself prevail over the Constitutional Right of the accused to be presumed innocent. As such, to the mind of this investigator, Mr. Lanto conducted an illegal arrest of Mr. Evans as the provision of Rule 113 of the Rules on Criminal Procedure is not applicable in this instance.

25.                     Certification from the Bureau of Immigration, Manila revealed that Mr. Jeffrey Alan Evans, a citizen of the United States of America does not appear in the Bureau’s Hold Departure, Blacklist, Watch List and/or Intelligence Derogatory Records as of November 17, 2009.

26.                     The contention of Mr. Evans as to the legality of Mission Order No. MCL/A-X-09-002 under Executive Order 287 in which he claimed that he said MO was issued by a person unauthorized to do so cannot be given credence. The Commissioner of immigration may delegate or authorize the signing of such Mission Order to Heads of Office in its Regional and District Offices. This act is legitimately authorized especially when the Government Agency or Functionary is clothe with Quasi-Judicial Function, thus, the issuance of MO signed for, in behalf, or by the authority of the Commissioner is tenable.


  1. Undersigned is not yet in a position to comment and determine whether or not there was a probable cause to file a case on the issue on Kidnapping as the investigation is still ongoing. Some of the documents and evidence gathered is yet to be verified and that the testimonies of witnesses will be subjected for clarificatory questions. Parallel to this, the act of kidnapping must be determined by the strength of the evidence acquired and not by the weakness of the defense.
    1. Attached herewith are documentary evidences in support to the forgoing
      1. Letter request of Mr. Evans for initial report;
      2. Complaint Sheet signed by Mr. Evans;
      3. Photocopy of Passport of Mr. Evans;
      4. Application for extension of stay signed by Mr. Evans;
      5. Sworn Affidavit of Mr. Evans:
      6. Court Order Br. 11, RTC, Davao City for Haheas Corpuz;
      7. Sworn Affidavit of Mr. Alma Caneban;
      8. Sworn Affidavit of Ms. Joan Perez Armirola;
      9. Sworn Affidavit of Ms. Marie Chrisbie D. Chiong;
      10. Mission Order No. MCL/A-X-09-002 from BI:
      11. Intelligence Report of Mr. Harold R. Pacasum of BI, Iligan City;
      12. 1.      Memorandum dated October 08, 2009 signed by Mr. Lanto;
        1. After Mission Report signed by Mr. Lanto;
        2. Memorandum dated October 12, 2009 signed by Mr. Lanto addressed to Ms. Rowena Regalado;
        3. Memo- Awn signed by Mr Lanto addressed to CSU Guard on Duty;
        4. Charge- Sheet for Deportation case against Jeffrey Evans;
        5. Subpoena Duces Tecum issued to Mr. Pacasum of BI Iligan City;
        6. Subpoena Issued to Mr. Maclin Lanto of BI, Cagayan de Oro;
        7. Official Receipt from BI for SVEG;
        8. BIR TIN of Mr. Evans;
        9. Alien Employment Permit of Mr. Evans; and
        10. BI Certification dated November 17, 2009.

Respectfully submitted:

 

 

 

 

 

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