NBI Report Part 2

is also imperative to take cognizance of Executive Order No. 758
otherwise known as the Prescribing Guidelines for the Issuance of a Special Visa to Non-Immigrant for Employment Generation (SVEG). Said EO is in accordance to Section 47 (a)(2) of CA No. 613, as amended, where there are foreigners who want to maintain a lawful presence in the Philippines by actually, directly or exclusively engaging in lawful, viable, and sustainable trade, business, industry, or activity offering local employment. Under the said EO, among the requirements for SVEG applicants are Certification from the petitioner's Corporate Secretary that SVEG holder is still a stockholder/investor in good standing or he exercises managerial functions and that the said firm, partnership, entity or corporation; employs at least ten (10) Filipino workers; and Certified true copy of the Alien Employment Permit issued by the Department of Labor and Employment (DOLE), whenever applicable.
The arrest of Mr. Evans was molded and arose solely from the report of
Mr. Pacasum wherein he speculated that Mr. Evans owns a business in Iligan City, which is in violation to Commonwealth Act No. 613, an Act to Control and Regulate the Immigration of Aliens into the Philippines. Said report was addressed to Mr. Lanto wherein he immediately applied for the issuance of a Mission Order in which the among the conditions is to "validate the admission status, immigration documents, existence and sufficiency of investment in the country, and activities of Subject American National (Mr. Jeffrey Alan Evans) and, if found to be in violation of the Philippine Immigration Law, bring him to the Bureau for further disposition" was clearly specific thereto. Mr. Lanto relied mainlyon the word of his tipster and did not bother to verify whether Mr. Evans owns and manage Bangkok Nights Restobar, the place where Mr. Evans was arrested. To prove this, Mr. Lanto should have verified this to the Department of Trade and Industry, Securities Exchange Commission, Bureau of Internal Revenue or to any other concerned Government Agency. Likewise, the stenographic notes dated August 27, 2009 from Br. 12, Regional Trial Court, Iligan City showed that Mr. Evans attested that he is the President and Managing Director of a local business wherein he did not categorically specify nor. it can be rightfully concluded that Bangkok Nights Restobar was among his enterprise.


22. It can be deduced that Ms. Monte, being the person who caused the information lodged at the Police Blotter of PNP Iligan City Police Station 5, have something to do with the administration and control of said Restobar. It is also significant to note that Ms. Monte invited Mr. Evans to the Restobar on the pretext of imperative and compelling reason, thereby helping the Immigration Agents in apprehending their subject. Quite alarming is the presence of Butch Moldes, as accounted and claimed by witness Alma Caneba, during the implementation of Mission Order wherein he was not a privy to such operation. As such, it can be inferred that Ms. Monte and Mr. Moldes acted in connivance with the Immigration Agents.