Aguirre says arrest order vs Lam legal

MANILA, Philippines (Philippines News Agency) — President Rodrigo Duterte's order to have Macau-based gaming tycoon Jack Lam arrested without a warrant of arrest is legal.

This was bared by Department of Justice (DOJ) Secretary Vitaliano Aguirre II on Sunday, explaining that the arrest order was based on economic sabotage charges.

"'Yung economic sabotage, 'yan ang hindi din kailangan ng warrant kasi continuing yung effects as long as ginagawa mo yung economic sabotage you're a subject of arrest," he said adding that the order is because of Lam’s illegal online casino facilities inside Fontana Leisure Park and Casino Hotel in Clark Freeport in Pampanga.

Lam is one of the biggest gaming operators in the country. He is also the owner of huge recreation facilities in the country such as the Fontana Resort, Fort Ilocandia and online gaming hubs in Laoag. He is also one of the biggest junket operators in Macau.

The rules of court generally require issuance by a trial court of a warrant of arrest before an accused facing criminal case could be arrested by authorities. The same rules, however, provide for a warrantless arrest of criminal suspects — by authorities or even by the public — in cases of continuing crimes or if they are caught in the act of committing such crimes.

He said that Lam also violated immigration laws for coddling of illegal aliens and giving support to them.

"In reference to violation of immigration laws, coddling of illegal aliens, giving support to them, pinatuloy niya sa Fontana Resort niya hindi na kailangan ng warrant ang ganito dahil immigration law yan," he noted.

Last November 25, 1,316 Chinese nationals were arrested for allegedly working illegally in online gaming operations inside the posh Fontana Leisure Park and Casino Hotel in Clark, Pampanga.

Aguirre said the operation is one of the biggest arrests of suspected illegal aliens in the history of the Bureau of Immigration and Philippine law enforcement.

He, however, said that while the warrantless arrest could be valid in economic sabotage, he could not say if it could also apply to the bribery charges against Lam.

Last week, Aguirre revealed a supposed attempt of Lam's camp to bribe Philippine Amusement and Gaming Corporation (PAGCOR) Chair Andrea Domingo to allow Fontana to continue its online gaming operations while applying for a license in exchange for 1 percent commission from the income of the gaming operations.

Aguirre said that he met Lam with former police official Chief Superintendent Wally Sombero and Bureau of Immigration Deputy Commissioner Al Argosino and two interpreters at the Shangri-La Hotel in Bonifacio Global City in Taguig City to talk about the Fontana Leisure Park and Casino Hotel where the illegal aliens were arrested.

According to Aguirre, Sombero told him to hold the arrested Chinese nationals as they were applying for licenses from PAGCOR.

TheJustice secretary, however, revealed that according to Sombero, Lam asked him if he wanted to take care of the latter's gambling businesses, which he immediately refused.

For his part, Lam’s lawyer Raymond Fortun also denied the bribery charges in a press conference last Friday in Quezon City.

Fortun said that Lam has the necessary permits and licenses and his client has no reason to bribe anyone much less the Justice secretary in connection with the arrest of several Chinese nationals in Fontana.

"The meeting with the Justice secretary lasted for only 5-10 minutes, and at no time did Mr. Lam have the opportunity to speak directly with Secretary Aguirre. Neither did the interpreter speak a word as Mr. Lam did not say anything," Fortun said reading Lam’s statement during a media forum in Quezon City.

The lawyer explained that Lam was not aware of whatever Sombero told Aguirre during the meeting and that his client "had no reason to bribe anyone as his operations are legitimate."

He noted Lam is not in the business of operating a BPO unit.

Fortun also denied accusations that he tried to bribe Domingo.

"Mr. Lam has not authorized anyone to talk with the PAGCOR chair. And no bribe because he was explaining his side of doing legitimate business," Fortun added.

The lawyer said Lam has the proper legal authority to operate Fontana and has an existing license to conduct online gaming in the Clark Economic Zone.