My Prison Story
12 January 2008
Preface
This is my story. The almighty God, the Grand Architect of the
Universe, (GAOTU), is my witness that the contents hereof are
true and correct. There is an ancient tradition among Craftsmen
that of a brother approaches another worthy brother for help,
that brother concerned must approach him with an unspoiled
hands. My hands are tidy and clean. My conscience is even
clearer. Hence, I have nothing to hide nor to be ashamed of why
I am inside the Bureau of Corrections serving 4-7 year sentence
since November 29, 2006
Why I am being incarcerated, while my other co-convicts turned
appeallants, who were also “Principals” in the said case was
later – on “ACQUITTED” by the SANDIGANBAYAN in only one (1)
sentence upon appeal before the said Honorable Court, while the
other two (2) remain on bail and on appeal before the Supreme
Court is quite unbelievable, but true.
The Senior agent from the BID was “ACQUITTED” while the other
Junior agent from the same office and the bar top notcher who
confiscated the passport and received the money respectively,
are still free and on bail is beyond my comprehension. (The
other BID Agent on bail however died last November of heart
attach.)
Only the reader of my story will find out the truth and will
judge for himself whether I am guilty or not, whether I deserve
help from a Brother and from friends and fraternal brother.
This story is also intended to my other friends such as in the
Alpha Phi Omega International Service Fraternity, the Church,
the Rotarians, the Toastmasters, Realtors, travel and visa
consultants, friends and relatives.
This is my fourteenth (14th) month of incarceration and I have
to break my silence. I’m not sure if my children can accept the
hard and difficult truth why their father is languishing in at
NBP Camp Sampaguita. But I told them lat December 24, 2007 on my
son, Keno’s 18th Birthday.
My children, I know believe that am not guilty. From the very
beginning I told them what happened, except of being
incarcerated. I always told them their father was never been a
coward. I went house from the USA in 1996 and 1997 to face
trial. I was in Europe in 1999 and in Israel and Egypt and twice
I went to Australia with my family to apply for a permanent
resident visa twice in 2000.
However, I went home to face my trial. My faith in God, and my
conviction that I was innocent gave me the strength and courage
to face trial.
A brother offered me US$1,000.00 to leave for the USA but I
politely refused.
I always remember the saying “Nobody can put a good man down.”
Here I am, writing this story on the day I will turn 51 years
old.
Chapter One
How It Began
The Japanese, Mr. Takao Aoyagi got married to one Filipina named
Ms. Bethel Grace Pelingon sometimes in the middle of 1993 I was
approached by Mr. Felimon Pelingon, Jr. an old acquaintance who
happened to be the elder brother of Grace to solemnize the
marriage. Aside from being a Minister of the Gospel and a
marriage solemnizing officer, I was also a police officer in the
Western Police District-PNP, now Manila Police District with the
rank of SPO3.
I started to solemnize valid and lawful marriages as early as
1987. My authority emanated from my membership with the
Association of Christian Evangelist, Inc. I served local and
foreign clients. I then solemnized the marriage and performed
the ceremony between the two. My former wife, Susan stood as
their Godmother (Ninang), while my 3-year old daughter then was
the flower girl.
I was paid well though for my services. Soon the Aoyagi’s became
our good friends. Susan and I went to visit their house in
Parañaque for about six times upon their invitation, for dinner.
After eight (8) months later, the same person, Jun Pelingon
approached me again and sought for help. He told me that the
spouses were harassed by the agent of the BID named Vladimir
Hernandez, a Jr. Agent, together with some newsmen from a
tabloid newspaper. Mr. Aoyagi, a Japanese was being suspected to
be a Yakuza and an undesirable alien. His passport was
confiscated on December 14, 1993, upon a lawful order from the
BID Intelligence Chief and was given until one week to clear
himself before the BID. If cleared, the passport would be
returned to him. Jun Pelingon said that his brother-in-law
panicked and would not know what to do.
Since, Jun Pelingon and I were good friends and had often met in
the house of his brother-in-law, I then assured them of help by
bringing the matter to my former father-in-law’s office, the XYZ
Partners Law Office.
I interceded with Mr. Aoyagi and brought the matter to the said
law firm. He could not speak English but I know bit a little how
to speak and understand Japanese. I acted as an interpreter.
Another partner of the law office was Atty. Dan Danton, A CPA
lawyer and the elder brother of Susan. The firm had accepted the
case and moved for the appearance before the BID and questioned
the legality of the Agent’s action in confiscating the passport.
Later, I accompanied Atty. M., a Jr. Partner of the law firm to
the BID and personally filed the Motion. That was sometimes
December 19, 1993. On December 23, another lawyer took over the
case in the person of Atty. F.A. He and I met with the Aoyagis’
and explained what had transpired in the case. I again acted as
an interpreter and the lawyer issued a receipt of P25,000.00 as
payment (partial) of the legal services. The job was to recover
the passport ASAP. Mr. Aoyagi and his wife who were then afraid
of the BID Agent, took their vacation in Davao City, where Mrs.
Aoyagi was a resident. We brought the spouses safely to the
airport until they had boarded the plane. Before they left,
Atty. A.F. assured them that the law office would do all its
best to recover back the passport and to clear his name at the
BID Office.
Chapter Two
January 4, 1994 came by and there was no news yet from the BID.
Mr. Aoyagi, through Mr. Jun Pelingon called by long distance
from Davao City and asked what had transpired with the case.
Atty. A.F. advised them to come back to Manila as soon as
possible because the law firm prepared a civil suit against the
agent and the BID for the sum of ONE MILLION PESOS should he
refused to return the passport within the week if they could not
prove that there was a legal cause to with-hold the passport,
and if they could prove that indeed Mr. Aoyagi was an
undesirable alien.
Chapter Three
January 5. Jun Pelingon came to see me again with an instruction
from Mr. Aoyagi from Davao City to get his passport since he was
scheduled to leave for Japan within this month. Atty. A.F. was
there present too and told Jun to tell his brother-in-law to
come to Manila ASAP so he could sign the Pleading and that it
could be filed in Court. Mr. Pelingon, per instruction from Mr.
Aoyagi insinuated that Mr. Aoyagi was willing to give “grease
money” so that the BID could forget everything and had his
passport back without delay. Atty. A.F. corrected Mr. Pelingon
by saying, “Tell your brother-in-law to come. There is no need
to settle the matter by giving “grease money”. The complaint, if
signed, was enough to force Mr. H.V. to return the passport. The
law firm wanted to do it the legal way.
Chapter Four
January 8. Jun Pelingon came to see us again together with Atty.
A.F., Mr. V.H. (who confiscated the passport and a certain C.V.,
a Sr. Agent of BID, whom I and Atty. A.F. had met for the first
time. Mr. Pelingon said that according to Mr. Aoyagi it will
take a long time to get his passport back if done through the
Court. He wanted it badly. He reiterated the former offer of Mr.
Aoyagi to settle the matter with the BID agent with a “grease
money”.
Atty. F.A. again said it was no longer necessary for that kind
of settlement since the law office was firm in filing the case,
should Mr. Aoyagi would file the complaint. On the other hand,
Mr. H.V. promised that should his Superior could not prove that
Mr. Aoyagi as an undesirable alien, he would return the passport
on or before January 12.
Chapter Five
January 12. Atty F.A. and I met at the lobby of the Diamond
Hotel. I arrived earlier at 11:00 am. He arrived about half an
hour later. The Aoyagis’ were already at the restaurant
accompanied by Mr. Pelingon. They ordered lunch and we ate
together. While we were taking our meals, Mr. H.V. arrived and
brought the passport with him. He gave the passport to the
lawyer. Contented that it belonged to his client, he gave it to
Mr. Aoyagi. When he was satisfied that is was his own, then
Atty. F.A. demanded the P25,000.00 remaining balance for his
services. Earlier, the Japanese promised to pay upon the
delivery of his passport. Mr. H.V. was invited to eat but
politely refused. He stayed for around 10 minutes and joined us
in a brief conversation. When Atty. A.F. received the envelop
containing the allege money amounting to P25,000.00, nothing
happened yet. But when Mr. H.V. left, thereupon, the NBI agents
who were just seated beside our table effected the arrest. We
were brought to the NBI laboratory for the exam. Both of us were
found positive for the “powder”, meaning we had touched the
envelop. However, the enveloped was never opened. The spouses
alleged the envelop contained money to “ENTRAP” Mr. Aoyagi as
instructed earlier by an Officer of BID. (This knowledge was
revealed to us during the Preliminary investigation by the
Ombudsman, in the TSN.)
Chapter Six
The Trial
Before the trial, we underwent first a Preliminary Investigation
before the Ombudsman. In all of the statements of the
complainant – witness on record, we noticed that the events that
transpired commending January 4 to January 12, were already
under the instruction of an Officer of BID. The facts that I am
relating herewith are all found in the “Transcript of the
Stenographic Notes” (TSN).
We were tried by the SANDIGANBAYAN. It was a long trial that
lasted almost 8-9 years and were tried by (2) Divisions. The
title of the case was:
PEOPLE OF THE PHILIPPINES,
Plaintiff, CRIM. CASE NO. 20194
for “DIRECT BRIBERY”
- versus -
H.V., et.al.
Hereunder are the facts behind the scene:
Fact 1 – When the Aoyagis’ were in Davao City, the Aoyagis’
together with Mr. Pelingon approached then a BID Officer and
told him what happened. The former BID Officer was resident of
Davao City like Mrs. Grace Aoyagi. After he had heard of the
story (in their version), his first reaction was to entrap and
catch Mr. H.V. red-handedly because according to him. Mr. H.V.
was a “bad-egg” in the Bureau. He then “hatched” a plan while in
Davao City and coordinated with the NBI agents assigned at the
BID. He said in vernacular, “Pakakagatin natin sila . . . . “
Fact 2 – On January 12, a dozen of NBI agents were around inside
the Diamond Hotel Restaurant waiting to capture Mr. H.V.
redhandedly while accepting the money, (supposedly a bribe money
from Mr. Aoyagi). The plan was, upon the return of the passport,
Mr. Aoyagi would given an envelope containing the money. But
this never took place since Mr. H.V. refused to accept the
envelop from Mr. Aoyagi when the passport was returned. While we
continued eating our desert, Mr. H.V. stayed for around 10
minutes. He joined us in a brief conversation then he left.
Then, it was Atty. A.F. turn to demand his Atty’s fee. He
received the money from the envelop while I took time eating.
About 10 minutes past, when Mr. Hernandez left the hotel, then
another 5-10 minutes passed by when the NBI agents effected
their arrest on us. The alleged mastermind, C.V, a Sr. Agent
from the BID was not present during the incident.
Fact 3 - During the trial, we presented our individual and
common evidences for our defense denying the crime committed.
Each one of us was represented by a lawyer. In my case, two (2)
worthy brothers defended me. They were WB Atty. Paner and former
Manila PAG Chief, Atty. Jess Tiburan. They were considered
veterans in their law practice.
Fact 4 – Our defense: There was no bribery because there was no
demand of money coming from us. The money received by Atty. A.F.,
as he claimed was his attorney’s fee. There was already an
established lawyer to client relationship. The actions of Mr.
H.V. to confiscate the passport, was actually an undertaking of
safe keeping and a show of good faith that the Japanese would
not leave the country pending investigation. It was under the
blessing of his former officer of BID.
Fact 5 – Mr. C.V, who later-on became one of the accused, though
present in one of the meetings, never joined the conversation.
Neither did he demand any money, nor spoke to Mr. Pelingon. I
only met Mr. C.V. once in my life.
Fact 6 – Entrapment. The plan to entrap H.V. was very clear as
it was hatched by the BID Officer himself while he, together
with the Aoyagis’ and Mr. Pelingon in Davao City.
Note: Fact No. 5 was used by Mr. C.V. in his appeal before the
Sandiganbayan in his “Motion for Reconsideration” that he was
only present once in the meeting and he never made any demand
about the money. He pointed out that there was an error in the
“Decision” made by the Hon. Court because of that “material
fact”. The Hon. Court believed him, hence he was later-on
“Acquitted” when his Motion for Reconsideration was granted.
Though we were all charged as “Principal”, only one was
Acquitted by the Sandigangbayan in only one sentence.
Fact 7 – My defense:
1. As previously stated, I came to the Aoyagi’s when I
solemnized their marriage ceremony;
2. Mr. Pelingon approached me regarding the problem. In good
faith, I personally referred the case to the law firm the XYZ
Law Office;
3. I personally witnessed the initial payment of P25,000.00 to
Atty. A.F. on December 22, 1993 for the legal services by the
Aoyagi spouses;
4. I acted as the interpreter between the Aoyagis’ in their
transaction with the law firm not with the BID;
5. During the middle of the trial at the Sandiganbayan which was
heard first by another Division, Mr. Pelingon executed an
Affidavit of Desistance stating that the complain filed were not
all true;
6. During the direct testimony and crossed examination, I told
the Hon. Court the whole truth that I was a Police Officer at
the same time a Church Minister and Evangelist and was
authorized to solemnize marriage;
7. I presented my credentials such as my picture and a
Presidential Medal I received while in the police force
presented by Atty. Narciso Cabrera, then a P/General and WPD
Superintendent. I also presented my plaque of appreciation
awarded to me by P/Lt Col Diokno, then our Station 2 Commander.
These awards were in the field of community relations, during
the time of P/Maj Romeo Maganto (now a retired Police General);
8. That I had never been convicted before nor I had a pending
case;
9. That my police service eligibility was equivalent to the rank
of a Police Colonel and I had been in the police service for
almost 15 years, with another almost two (2) years in another
government office;
10. That I was then a 3rd year law-proper student of the
University of the East;
11. That the law firm that represented by the XYZ Partners were
owned by my father-in-law, a retired, with two other children
who are also lawyers in the firm; that I only met Atty. A.F. for
the first time only last December 1993, same as with the other
two agents from the BID, and that conspiracy was remote, etc.
While we were being tried by the Court, I was allowed to
“Travel” outside the country five (5) times. In my travel with
my former wife, we traveled twice to the USA, twice to
Australia, once in Japan, Hongkong, Singapore, Israel, Egypt and
in 11 countries in the Western European Countries.
I never attempted to escape nor planned not to come back anymore
to the Philippines in order to avoid trial. After all the cash
bond I filed for my temporary liberty was only P15,000.00 pesos.
I immediately presented my self and my passport to the Hon.
Court showing them that I had returned and had not violated any
condition of my travel.
After the long hearing and after the case was tried by two (2)
different Divisions, consisting of different Justices, (three
from its Division) we were then “Convicted” beyond reasonable
doubt for the crime of “Conspiracy to Commit Direct Bribery”. I
noticed that the Justices of Sandiganbayan never had the
opportunity to hear our case from the very start so they could
had appreciated the whole proceedings. Our defenses were never
given enough weight, specially the attorney to client
relationship, the affidavit of desistance, etc.
We appealed the Decision of the 5th Division in the same Sala by
filing a “Motion for Consideration”. The tree (3) of us were
dismayed by the decision because Mr. C.V., who was pinpointed as
the “MASTERMIND” was “ACQUITTED” the court said in its decision
that “…. upon a second hard look, we found out that the
testimony of Mr. Pelingon, the lone witness, whose testimony was
not even corroborated by any other witness, as INCREDIBLE.
Hence, the Motion for Reconsideration of Accused C.V. is hereby
granted. As to Atty.A.F., H.V and P.D., it is hereby denied….”
The three of us went to the Supreme Court and filed our Appeal.
We cited several errors into the Question of Laws, such as,
“.....since in the crime of Direct Bribery, we were all
convicted as “Principal”, should not the “Acquittal of one also
meant the Acquittal of all?” How come the Affidavit of
Desistence submitted as an evidence was not give. …..credence
since it was filed on the middle of the trail and we invoked the
famous maxim….. “FALSUS IN UNOS, FALSUS IN OMNIBUS… meaning, a
false statement in one could mean a whole false statements.
While in the Supreme Court, only the appeals of Atty. A.F. and
Mr. H.V. were given due course. My appeal was denied, twice,
right away because of technicality. The reason? My lawyer, a son
of one top magistrate, had negligently omitted several important
facts in the pleading as in “FACTS OF MATERIAL TIME”. I’m a
victim of technicality, not the merit of the case.
I felt so sad by the outcomes of the appeal but there was
nothing I could really do at that time. In 2004, my conviction
became final and executory. I was then supposed to be brought to
the Bureau of Corrections at the NBP, Muntinlupa City. But
during the hearing, even in the absence of Atty. Amiel Vicente,
I orally argued with the Justices of the Sandiganbayan. I
reasoned out that my co-convicts had a pending appeal before the
Supreme Court. That, what if their appeals would be granted and
I had already started serving my sentence . . . for human
consideration, I pleaded to be free and post another bail and to
wait the final outcome of the appeal from the Supreme Court. At
that time, I prayed hard to God and He intervened. I was allowed
to be free temporarily.
From 2002 to 2005, I went to the Bible School in order to help
me equipped and be prepared for the Christian Ministry and to
become an Evangelist. I got enrolled in the Asian Theological
Seminary (ATS), the International School of Theology (ISOT),
both located in Quezon City, another school for Evangelism in
Baguio City, and the Billy Graham School for Evangelism in
Antipolo City for a period of three (3) week intensive, stay-in
training. One of my classmates, a Pastor, Bro. Noel Alberto, was
also a former inmate and had stayed 10 years in the BUCOR. He
was likewise a parole and spent time in P.M.A., Baguio City
until he was released from prison. He is now a full-time church
minister.
Likewise between 2003 and 2005, I joined my younger brother in
the Prison Ministry and preached at Camp Sampaguita. I did not
expect that in 2006, Camp Sampaguita would be my home for the
next 3-4 years.
On November 29, 2006, I again appeared before the Sandiganbayan
for the Promulgation of Sentence since the appeals of Atty. A.F.
and Mr. H.V. were denied. On that day, both of them did not
appear. After another oral argument, the Presiding Justice
ordered that I would be committed to the National Penitentiary
of the Bureau of Corrections (BUCOR). I made my oral argument, I
knelt on the floor while I pleaded. But my luck ran out. That
time, I had to face my worst and greatest fear of all, that is
being imprisoned. I was brought to NBP with only two (2)
clothes, a few books, my two (2) Holy Bibles and another
Christian Book and some bible Materials.
For fourteen (14) months now languishing in jail, I have able to
learn to accept my fate. Though, my first five (5) months were
worst because I could hardly sleep at all. My mind had a lot of
questions. Why, why, why. . . ? I am glad that my faith with my
Lord Jesus Christ and my trust to Him and relying upon His
promises had somehow made me strong.
My conviction however brought me a lot of TESTS. Big test that
would devastate a man, such as me. I almost was! My biggest
“Casualty” being separated from my family, failed business . . .
. severe emotional setback by becoming homesick and the
development of extreme grief. I missed my children so much. They
do not know that I am inside a penal institution only until
December 24, 2007. Their mother does not want them to know where
I am.
My wife filed an Annulment of marriage sometimes in 2003 and was
granted a year later. She traveled from Australia and Manila
from time to time during the hearing for the “Petition”. I still
maintain a good relationship with my two (2) children, now age
18 and 16.
My wife and two children and I went to Australia in 2000 to
apply for a family immigration. She was the ‘Principal” since
her eldest sister became an Australian citizen and became a
resident of Sydney. We went back for the second time in the same
year at that time without the children. We had traveled as far
as Towomba, South Queensland to have her scholastics records
assessed by the University there. I had to sell my precious
genuine 2 toned gold Rolex watch for a mere 3,500 US dollars to
cover our expenses.
Alas, only my wife and two children were able to push-through
with the Australian dream. My conviction barred me to enter
Australia, hence the filing of Annulment of Marriage.
While inside the Camp Sampaguita, I lost money. It was stolen.
Worst of all, my Masonic rings which I had worn for almost 17
years, and had it re-designed into a 32 degree ring was stolen
inside my room while I was at the Youth Rehab Center. It was a
place where high school students and inmate high-school teacher
like me were billeted. I reported the matter to the High School
OIC, as well as the inmates-in-charge as well as the “Mayor”,
but it fell on deaf ears. I am glad that my faith in God, my
sanity and my ability to love is not yet lost. I still have it
in my heart. I also manage to keep my humor intact, as well as
my love for music. I read my Bible daily and other Christian
books. I write poems too. I plan to write a book about the
Prison Life of other people hoping that their stories will be
read and heard and to know some of their sufferings.
As I suffer however, I always read to the Holy Bible because the
Holy Book offers a lot of good promises such as redemption from
sins victorious life after passing the test as well as the
restoration of health and wealth. In the Book of Job of the Old
Testament, it offers a lot of insight of how life must be. I
know I should not surrender. Life must go on and I must learn to
have a good fight.
I carry a sentence from 4 to 7 years. I still consider myself
lucky because I notice that most inmates here, a population of
more than 6,000 have sentences ranging from 8-1006 years,
consisting of crimes from murder, homicide, robbery, rape,
multiple murder, estafa, illegal recruitment, etc. I am
surrounded by inmates whom I consider hardened criminals. I must
learn to survive in this kind of environment. I meet different
kinds of inmates. Some in the Christian Churches. I feel sad
that most of them are eaten-up by the system of mistrust,
suspicion, hatred and loss of hope. Some however found comfort
and hop in God. I’m interested to know how some inmates survived
their sentences and maintain their sanity. I noticed how the
bible and the Gospel change lives.
At present, I am assigned with the Inmate Custodial Aide, (ICA),
which is equivalent to a “TRUSTEE or MARSHALL”. We live in a
separate barracks. We are not padlocked inside a cell just like
the ordinary inmates. We have privilege and benefit better then
others. We cook our own food and most have our own private room
for privacy.
I taught Economics last semester to the 4th year students. I
also taught English and Economics this first semester, but had
to resign after two weeks of teaching because of conflict with
my schedule with ICA. Also, I noticed that when I got sick
because of overworked from school and because I got soaked in
the rain, there was no enough medicine for the inmates. I
informed the school but no relief came. This is one sad truth in
a prison life. One needs to be tough and sturdy and healthy all
the time in order to avoid being sick. I am trying to become
tough specially inside since emotions, bad thoughts, hatred,
passions, envy, anger, fantasies are difficult to be dealt with.
After I left teaching, I devote my time to reading books, the
Holy Bible and attend Christian fellowship inside the Camp. I am
now 51 years old. I have started to feel some minor body pain.
My physical strength has decreased, but my vigor and spirit
remains strong. I thank God, thru His Son, my Lord and Savior,
Jesus Christ for His grace and mercy. I still maintain healthy
eating consisting of vegetable and banana. I go to the gym once
in a while.
I truly miss my two children. I also learn to accept my many
faults when I was younger. I had a part to be blamed too why my
ex-wife lost her affections towards me. I was not a perfect
husband. I had made a lot of mistakes too. I plan to apply to
P.M.A., Baguio City last year for me to continue serve my
sentence. But I changed my mind, Medium Security Compound has
more to offer than Baguio City.
After my release, I will start a new life, back from zero. I
plan to go back selling real estate properties, sell life
insurance, or establish a travel and visa consultancy. Or, I
plan to put-up a school for children from 4 to 6 years old. I
truly love children, hence, I believe I will become successful
in this business. I miss my Rotary meetings, the laughter inside
the lodge of F A & M, specially our fraternal ties. I also miss
attending my meeting with the Toastmasters, Manila Board of
Realtors, the Quezon City Real Estate Coffee Club at the Quezon
City Sports Club, meetings with the League of the Philippine
Evangelist, the Alpha Phi Omega International Fraternity and
many other. This is just a wonderful beginning of a more
beautiful journey yet to come. A journey home to God’s kingdom.
It is not yet too late to start a new life. I just hope that
someone out there can give me a helping hand.
Last October 2007, we organized the ESP, Inc. with the aim to
help fellow prisoners (www.esp-prison.net).
Last December 29, 2007, my friends from the Rotary Club of
Baywalk Manila visited. They made their visits before while I
was at the Reception and Diagnostic Center (RDC).
I joined the Teamwork Group of Artist inside the Medium Security
Compound. It’s an organization composed of inmates with skills
in painting, handicraft and metal.
My Story
(Brief Version)
Introduction
There are a lot of beautiful places to go. Since I was a young
boy, watching movies and TV gave an idea how beautiful those
other countries could be specially US and Europe.
So, I worked hard in the field of business with my wife from
1987 to 1997. It was a ten (10) year cycle which according to
real estate practitioners and economists was the best timing we
got.
I experienced success one after another and my dreams came true.
I traveled to so many countries between 1995 up to 2002. I’ve
seen the Disneyland of USA, the Nile River, the Sphinx of Giza
in Egypt, the Red Sea of Israel as well as the Holy City of
Jerusalem to the Majestic and beautiful buildings and museums in
Europe, as well as the glory of Rome and pandas and kangaroos in
Australia and many others. All those travels gave me joy pride
and I told myself that it was a reward for hard work and
success, especially when I celebrated my birthday in Tokyo,
Japan with my wife on Jan 14, 1996.
I love traveling. I dreamt of going to China in 2008 for the
China Olympics. When real estate business a slowed-down
beginning 1997, I began to think what’s the best thing to do in
order to continue living-in-style.
My last travel was in 2000 in Australia, I was with my wife and
2 children. We came back for the second time, without children
to apply for family immigration. I had to sell my precious 2
toned gold rolex watch for cover our fare and incidental
expenses, as well as to prepare expenses to apply for family
imiigrant.
Then suddenly, my world changed, I was convicted for a crime of
Direct Bribery in 2002, was affirmed in 2004 and was sent to the
Bureau of Corrections in November 29, 2006 in Muntinlupa. It was
one kind of travel I never dreamed of that would happened to me.
It was a nightmare…. I thought it was a curse, a severe
punishment or could it be a serious jade? Joke? I’m carrying a
4-7 years sentence. If with God’s grace and mercy, I’ll be out
in 2010 or earlier.
Indeed, this kind of travel was unique.
How it Began:
A Christian friend whose name was Filimon Pelingon, Jr.
approached me in middle of 1993. He requested me to solemnize
the marriage of his sister Bethel Grace to Takao Aoyagi, a
Japanese national.
During that time I was both a Police Office of Western Police
District at U.N. Avenue, Manila with a rank of SPO3 and an
Independent Church Minister.
I celebrated the wedding ceremony in Manila. My wife became one
of their sponsors while my 2 year old daughter became their
flower girl.
After the marriage, the Aoyagi’s became our friends. We received
his many invitations to dine in their house in Parañaque. We
went their for around 6-8 times. During those times we went to
their house, there was nothing unusual that we had noticed.
Around eight (8) months after the wedding, the same person Jun
Pelingon came to see me again. He told me that his
brother-in-law, Takao Aoyagi was being harassed by the BID
agent. He was being suspected of being a Yakusa member. His
passport was confiscated. That was around December 15, 1993. I
told them that I would bring the matter to the law firm of my
father-in-law. I interceded in their behalf since the Aoyagi’s
were former clients and friends. Besides, my wife stood-up as
one of their sponsors while my daughter was their flower girl.
The law firm, took cognizance of the case. After the assessment
made, Atty. Jun Margate met the Aoyagi’s in the office of my
wife at Taft Avenue, Manila. A motion was made for the
appearance of the firm before the Bureau of Immigration and
Deportation in behalf of Mr. Aoyagi. It also wrote the said
office and questioned the manner of confiscation of the passport
of the Japanese. Then, I accompanied Atty. Margate to the BID
and submitted the petition regarding the matter. That was around
December 19, 1993.
Then on December 23, another lawyer showed up whom I met for the
first time. He replaced Atty. Margate. They talked again about
the case. The lawyer assured him of the best legal services. The
name of the lawyer was Atty. F.A., bar top notcher of 1987 bar
examination.
We brought the spouses to the Domestic Airport after they had
made a partial payment of P25,000.00 for filing fee and for
legal services. The law firm acknowledged he transaction and
issued a receipt to the Ayoyagis.
On January 4, 1994, Jun Pelingon came to meet see me again and
inquired the status of the case. I referred him to Atty. Acejas,
who in turn explained to him that the legal way to force the BID
agent to return the passport ASAP was to file a CIVIL SUIT
against Mr. V.H. the Jr. BID Agent who confiscated the passport.
Atty. F.A. called the BID Agent for a meeting together with Jun
Pelingon and I. During the meeting, Atty. F.A. showed to Jun
Pelingon a draft of the civil suit the law office was
contemplating to file.
Mr. V.H. also saw the draft to be flied against him. He said
that the BID still checked the intelligence report and assured
the lawyer to return the passport if no derogatory record could
be found. Jun Pelingon however intervened and said that
according to Mr. Aoyagi, he would prefer to settle the case
amicably and was willing to shell-out money and forget all about
it.
Atty. F.A. corrected Jun Pelingon saying that was not the way it
should be but through the legal way. And Atty. F.A. reiterated
to Jun Pelingon that the spouses should come to Manila and to
sign the complaint.
Meanwhile, Atty. F.A. gave Mr. V.H. a warning and an ultimatum
to return the passport within one week if his Office can not
show any cause why it should remain to be in the possession of
the Japanese passport.
Before we separated from each other, the conversation ended in a
nice way. After a few days, Atty. F.A. followed-up to Mr. V.H.
when he would return the passport since the BID did not reply to
the law firm, officially, as to the status of the case of Mr.
Aoyagi and when the hearing would be made.
Atty. F.A. gave him his 2nd ultimatum. Mr. V.H. assured Atty.
F.A. that he would inform the law office right away for any good
development on or before January 15, 1994.
Then, on January 11, Mr. V.H. called that indeed there was no
derogatory record from Mr. Aoyagi and he would return the
passport on January 12.
The Aoyagis’ arrived Manila sometimes January 9 or 10. They were
informed of the development. They suggested that Vladimir would
return the passport at the Diamond Hotel, Manila at noon of
January 12,
January 12 came. Atty. F.A. arrived in the Hotel at around 11:30
am while I arrived at around 10:30. While we ate lunch, Vladimir
Hernandez arrived and brought the passport of the Japanese and
returned it to the Japanese through Atty. F.A. Atty. F.A. gave
it to the Japanese. Satisfied that is was his, he took an
envelop and gave it to
V.H. He refused to accept the envelope (which contained the
money). Atty. F.A. in return demanded payment for his
professional services. The Japanese gave him the envelope. Atty.
F.A. put the envelop on the table which touched my hand. Mr.
V.H., Atty. F.A. and I faced the Aoyagi spouse for conversation.
When Mr. V.H. left 10 minutes after Atty. F.A. accepted payment.
The N.B.I. arrested us while we were yet eating our meals.
The target for entrapment, Mr. V.H. had already left.
We were charged and found guilty beyond reasonable doubt of
conspiracy to commit Direct Bribery by the Sandiganbayan in
2002. Upon appeal however, it was the same Court that granted
the appeal of Motion for Reconsideration of Mr. V.C. which later
on acquitted him. The Sandiganbayan ruled the Acquittal of Mr.
V.C. in only one sentence. The Court said “that upon a second
hard look, they found out that the lone testimony of Mr. Jun
Pelingon which was not even corroborated by other witness after
as incredible”, hence, it acquitted Mr V.C. And to Atty. F.A.,
Mr. V.H. and I we remained convicted.
As for my defense in the crime of conspiracy of Direct Bribery,
I told the Court that I never knew before Mr. V.C., Mr. V.H and
Atty. F.A. ever since; that I only knew Atty. F.A. on December
22, 1993; that in my almost 15 years in the police force, that
was my first case; that I was a recipient of INP Pres. Medal, a
Plaque of Appreciation; that I only tried to help the Aoyagis by
referring them to a law firm; that Jun Pelingon executed an
affidavit of desistance which also stated that his earlier
testimonies were not true. But inspite of that, only Sr. Agent
V.C. was acquitted. But he was being pinpointed as the one who
allegedly tried to demand P1Million from the Aoyagis, according
to Jun Pelingon’s testimony.
After we have put all TSN into pieces, we found out that the
whole thing happened was a set-up which was conceived by the
former BID commissioner in order to catch Mr. V.H. in
red-handedly because he was a pain in the neck in the BID. This
happened inside the hotel in Davao City sometime December 26-27,
1993.
The 3 of us appealed our case to the Supreme Court. Atty. F.A.
and Mr. V.H. were given due course, while my appeal was denied
due to technicality due to the negligence of my lawyer, which
led to my incarceration.
We have so many questions which were left unanswered such as:
1) How come we were all convicted as PRINCIPAL beyond reasonable
doubt and later on, Mr. V.C., the BID Sr. Agent, tagged as
Mastermind, was later-on acquitted because according to the
Sandiganbayan, upon their second hard look, the lone testimony
of the witness, un-corroborated by other witness as incredible.
But instead of acquittal for all since it was a crime of
“conspiracy” only one was acquitted, the mastermind.
2) Why our evidences were not appreciated such as, the affidavit
of desistance, lawyer to client relationship, receipt of payment
of Mr. Aoyagi to the law firm, etc.
3) The Decision of Sandiganbayan did not fully explain why it
acquitted only Mr. V.C. in only one (1) sentence “Upon ………”
My travel in life that included visits to different countries
and ended up in prison is a mixture of different kind of
emotions, different kinds of struggle as well as a mixture of
trials, tribulations and joys.
My life at Camp Sampaguita at first was a complete shock since a
new ball game is to be played .with different rules. A new and
different culture emerges, and a new and different behavior of
men I interact with appears everyday.
In my first 9 months since I first arrived last November 29,
2006, I found out to be very difficult to adjust with the new
environment. There are a lot of unwritten laws here or conduct
of behavior. My first impression is that almost all inmates are
suspicious, un-trusting selfish, and with low understanding. The
food that we ate was not the same that we used to it. I was
bitten by bed bugs almost daily. I lost weight too.
I met inmates who belong to the full gospel churches, Islam, the
Catholics and other Protestant Churches. I noticed that those
people who know God, or with relationship with God, most
especially in our Lord Jesus Christ have better conduct, better
perspective and easier to deal with.
Those who have better outlook are those whose education outside
was high school and above. I also learned a lot from my fellow
inmates. They are very patients, they learned the art of
waiting. Some learned special skills such as wood craft and
paintings.
One inmate while incarcerated learned how to paint in acrylic
and oil. Recently, he joined a contest for inmates around the
world which was sponsored by the __________________. Amazingly,
his painting was one of those chosen as finalist and was given
150 USD aside form award of recognition.
Almost all inmates however have attitude problem specially those
who had killed other people or had committed rape. They find it
difficult to cope-up with their conditions. Yet, they learn to
survive. Survival is the main game we play daily. Inflicting of
physical injury no matter how small inside the camp is a serious
offense. So most quarrels here are by mouth only. There are so
many of those who wasted time inside the camp. Another thing I
must learn is how to use my time properly in order that I would
become productive. Real friends and real people are difficult to
find. It seems to me that each one is taking advantage towards
the other. But, I am not afraid to explore what is considered by
most as taboo. I still believe that a prisoner is God’s creation
and deep within him lies the goodness of man.
I taught in the high school inside the camp in English and
Economics subjects. However, I had to stop teaching because of
the conflict of schedule in my duty as a member of the Inmate
Custodial Aide (I.C.A.).
Recently, I learned from a fraternal bother in an Ancient Craft
whose actions in life and rectitude of conduct is governed by a
square and compass, a builder’s tool, that Mr. V.H. died of a
heart attack while being stationed in Boracay.
One of the joys I experienced inside the Camp, was a visit of a
fellow Rotarians from the Rotary Club of Baywalk Manila, the
Freemasons, and member of the Alpha Phi Omega, my college
fraternity and most specially from my brother Joseph and his
wife and his parents in laws.
Another wonderful joy I experienced lately was being inducted to
a group of artist known as the “__________” wherein I was
elected as its Business Manager. Our inducting Officers was no
less than the Chief Justice of the Supreme Court. Likewise a
traveler and member of the Ancient Craft.
I still experienced traveling everyday, though not in terms of
airplanes or buses, but in term of spiritual journey.