PAOCC’s unsavory acts

The government’s primary body against wrongdoing, the Presidential Anti-Organized Crime Commission (PAOCC), will surely be criticized by Justice Secretary Jesus Crispin Remulla for its recent misdeeds.

The Department of Justice head recently expressed concern over the alleged practice of PAOCC, a body under the Office of the President, of releasing aliens in its custody, which he described as outside the agency’s powers.

“That’s our problem, me and Executive Secretary Lucas Bersamin, we need to have the capacity to do digital forensics so we can file charges on all scammers,” Remulla said as he lamented the practice of certain PAOCC officials in his weekly radio program, “Executive Session.”

“The problem is that they just release the suspects instead of doing digital forensics,” Remulla underlined.

Digital forensics involves collecting, preserving, analyzing, and presenting digital evidence from computers, mobile devices, or online platforms to support criminal investigations.

Scammers, particularly those operating online, exploit digital platforms to perpetrate fraud, phishing, identity theft and other cybercrimes, which have surged in the Philippines, especially since the Covid-19 pandemic.

The mention of Bersamin’s name suggests a high-level acknowledgment of the issue, as the former Chief Justice is involved in coordinating government efforts.

His statement likely stemmed from the need to strengthen law enforcement’s technological and legal capacity to tackle cybercrime, which is a growing concern given the increasing digitalization and vulnerabilities of cybersecurity.

“PAOCC even gives the suspects the option to post bail,” according to Remulla.

Remulla’s statements were made in light of President Ferdinand Marcos Jr.’s decision to ban Philippine Overseas Gaming Operators (POGO).

In the wake of the President’s order, POGO workers involved in criminal activities had been held in detention by various law enforcement agencies, including the PAOCC.

POGOs have been linked to scams, money laundering, and human trafficking.

Remulla had warned of “extreme” legal repercussions for the erring foreign nationals involved, with digital forensics likely playing a role in tracking their activities.

Remulla named PAOCC spokesperson Winston Casio as the agency’s official who had released detained aliens “on bail, through recognizance.”

The incident revolved around a PAOCC-led raid on 31 October 2024 at Central One Bataan PH Inc., a business process outsourcing company in Bagac, Bataan, suspected of operating as a POGO but was discovered also involved in human trafficking, scamming, and other illicit activities. During the raid, 42 foreign nationals were detained.

On 7 November 2024, the BI ordered the release of 41 of these foreigners on recognizance, following a petition by their lawyer, Cherry Anne de la Cruz, and a deed of undertaking by Bataan Rep. Albert Garcia.

The 42nd detainee, an Indonesian, remained in custody due to a pending money laundering case in his home country.

The release sparked controversy, mainly because Executive Secretary Lucas Bersamin, who chairs the PAOCC, ordered the summary deportation of the 42 foreigners on 12 November 2024, describing Central One as an “illegal offshore gaming operation masquerading as a business process [outsource]” company.

However, more than a week after Bersamin’s order, the 41 released foreigners failed to appear for deportation processing on 18 November 2024, raising questions about accountability and the decision to release them.

The Bureau of Immigration (BI) commissioner can release detained aliens through “recognizance.”

“Recognizance” is a form of bail in which an accused is released from pre-trial detention with an assurance that they will appear before the court to face charges at a future date.

Remulla said PAOCC did not even have the authority to act on foreign individuals.

The BI board, which consists of the commissioner and the two deputy commissioners, has the authority to deport an alien.

“Dumidiskarte nang sarili si Casio (Casio is acting unilaterally),” Remulla said.

Based on PAOCC documents, Casio had released a Chinese national named Wang Yushi through recognizance. In the same document, Casio had allowed the alien to undertake a “voluntary deportation” and take a flight back to China. Remulla underscored that Casio had no authority to take both actions.

Casio is the same PAOCC official who earlier figured in the controversial slapping of a Filipino POGO worker following a raid conducted on a suspected POGO operations hub in Bataan.

Casio seems to have strong backers and can continuously bounce back from perdition.