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.


 

 
 

 

 
   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


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