The Philippines Forum for International Readers since 1981

May 11-24 2008

Former Expat Detainee / Tells His Ordeal

He has won more than halfway in the legal battle, one of the first few cases ever won by a foreigner complainant. The case: alleged crime for arbitrary detention against a former Immigration Commissioner. But Alfred Lehnert, a civil engineer from Hamburg, Germany, wants to push the case till the very end. Pending before the Sandiganbayan is Lehnert's case he lodged against former Immigration Commissioner Andrea Domingo and four other Intelligence officers from Bureau of Immigration for arbitrary detention.
This after the Office of the Ombudsman upheld the ruling of the Supreme Court that Lehnert was illegally arrested and detained without warrant. The same office also recommended in its resolution that the case be filed at the Sandiganbayan, aslo known as the Anti Graft court.

For 18 months, since his detention in September, 2002, Lehnert languished in the detention center with 200 other detainees. Finally on Feb. 24 in 2004, the Supreme Court ordered his release from the Bicutan Detention Center. On March 25, 2004, the complainant was finally freed from detention. Lehnert was arrested based on orders by then former BI Commissioner Domingo "to verify and validate" Lehnert's activities in the Philippines as well as his immigration status. Lehnert fought his case before the Philippine courts represented by his attorney until he was finally freed from detention. He said at first he had bright hopes while living in his new homeland, prepared to immerse in the Philippine culture.

"I came to the Philippines for medical reasons on advice with my doctor to live in a tropical country. I was with my ex wife, a Filipina who once lived in Cebu City. I bought tree houses and I was bringing in investors from Europe." he narrated to Expat Newspaper. The sudden turn of events made him lose his es wife and his daughter who fled the country while he was in detention. He also lost his three houses.
In resolution - OMH-V-C-040224-D- issued by the Office of the Ombudsman dated Jan. 29, 2008, it stated that even if is true that he was arrested by virtue of a mission order merely directed the BI agents to conduct verification on the status of the complainant, and it is only when he is found to be violating the country's immigration laws can he be immediately arrested.
The crime of arbitrary detention, as explained in the Office of the Ombudsman resolution, is present when the offender is a public officer or employee, that he or she detains a person and that the detention is without legal grounds.

"Such being the case, it is beyond doubt that complainant's warrentless arrest was illegal. The arrest being illegal, his subsequent detention become illegal as well," the resolution noted. The resolution also declared that: "to uphold the arguments of the respondents will lead us to a very absurd, despotic and dangerous situation where any immigration agent can just arrest any alien without probable cause anyway, the illegal arrest and detention can just be cured by the simple act of filing a charge sheet in the Bureau of Immigration. This is not the spirit of the law and this court will never allow it to happen."
In the resolution, it also agreed with the Supreme Court that the issuance of warrants of arrest by the former BI commissioner solely for the purpose of investigation and before a final order of deportation is issued is contrary to the "right of a person to due process."

 

Battle Rages On

"I hope it will be resolved soon," his tone optimistic, stressing that he will fight this to the end. The case stemmed from an alleged mission order ordered by Domingo against him. The German national was following up some papers at the Immigration Office in Mandaue City in Cebu when he was arrested by four Intelligence officers to verify his status and activities in the Philippines. The complainant then filed a petition for Habeas Corpus at the Regional Trial Court of Mandaue City. Also, a deportation case was filed against Lehnert for "Undesirability and Violation of Section 37 (a) (7) of the Philippine Immigration Act of 1940", as amended over an alleged "sexual case." The issue dragged on with suits and counter suits between Lehnert and the Immigration Office.
It is perhaps the first time a foreigner filed a case against a former government official. And Lehnert is optimistic the battle may be over soon.
Now, Lehnert and many other agencies, was invited by the House Committee on justice of the House of Representatives to present his views on the pending new immigration bill otherwise known as House Bill no, 1850 or the Immigration Act of 2006 authored by former Rep. And now Immigration Commissioner Marcelo Libanan.The bill was passed on third reading at the lower house and is awaiting deliberations at the senate.In an interview with Lehnert in two separate occasions,Lehnert is pushing the case till the very end, saying that he wants to give justice to those foreigners who are still detained at the BI Detention Center in Bicutan, Taguig City either for humanitarian grounds or simple evaluation of the law. "The highlight of this case is Anti Graft court is, it is the first of that crime filed by a foreigner against a former government official, "he told Expat Newspaper.

Expat tried to reach former Commissioner Domingo for comments but the listed telephone numbers just kept on ringing.

Settling here for good

Lehnert also gained support from former Sen.Ramon Magsaysay, Cebu Cardinal Vidal, among others. His experience was also shown in German Documentary exposing the plight of foreign detainees in the Philippines a few years ago. After what he had gone through, he is settling in the Philippines for good. He has remarried a Filipina, a graduate of the Philippine National Academy and who was recently awarded a scholarship to the Netherlands. His wedding sponsors included Energy Secretary Angelo Reyes and former German Ambassador Axel Weishaupt. Lehnert also plans to put up the first of fice for foreigner`s assistance. The wedding, which took place in May last year, was a testament that he likes to rebuild his life in the Philippines and would even advise investors to put their investments in the Philippines.

Announcement - Foreign Assistance Center

We like to inform all our user in advance of the coming opening of the first
"FOREIGN ASSISTANCE CENTER ( FAC )" office in the Philippines.

This FAC office is open only to foreign guests, retirees, and investors in the Philippines with specialization
on Immigration Assistance and as legal counsel in Court etc. For more Information about FAC please click here.