4. On July 13, 2006, Atty. Joel Bander was in Manila
providing immigration consultation services when he
received an e-mail from Myrna Ang Tiu. The e-mail stated
that she desired an immigration consultation for herself
and seven (7) friends with similar issues. Bander had
earlier advertised his consultation services in the Los
Angeles editions of Asian Journal, which then and now is
the largest Filipino-American newspaper, and where he
was then serving as legal counsel.
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5. Based on a deposition made by Lotis Rosario, who was Bander‟s
legal assistant in Manila, a law student at San Beda
College, who has since passed the Philippine Bar and now serves
as law clerk for the Philippines Court of Appeals, Ms. Tiu arrived
a few days later with only one (1) client who called herself
„Christina San Jose.‟ Ms. Tiu paid for „San Jose‟s‟ consultation fee
of $100.
The meeting room was less than one meter away from the
reception area. Ms. Rosario recalled that during the meeting, she
went into the consultation room to bring Mr Bander tea.
“Nothing unusual was happening; it was an uneventful
consultation, with Christina San Jose leaving the room
smiling, almost laughing.” Little did Bander and Rosario know
at the time that „San Jose‟ was happy because she „thought‟ she
had made some quick money.
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6. Meanwhile, Myrna Tiu (this is her real name) then consulted with
Atty. Bander about processing her immigration visa. She made
another appointment to meet Bander the next day at the EDSA
Shangrila Hotel to pay the retainer fee. But she did not show up. Ms.
Rosario recalled that when she called Ms. Tiu to inquire about her
arrival, the latter was “shocked” to find out that the legal assistant
was also in the meeting to accompany Atty Bander. Rosario thought
the response was odd.
At that point, Bander considered the matter closed and flew home to
Los Angeles. But unbeknownst to both he and Ms. Rosario a devious
plan had been hatched to make up a sexual story to malign his good
reputation.
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7. Then, in the July 27, 2007 edition of Manila Standard, a news report that
“sex charges” were filed against „consular officer‟ Joel Bander
appeared, obviously paid for by people out to ruin his reputation. That story
was followed by another news story in the August 5, 2006 issue of
People‟s Tonight, written by Allan Begornia, who called Bander a
„trader‟ and claiming that charges were filed in Branch 73 of the
Taguig Trial Court.
But the real, hard truth is that there is no Branch 73 at the Taguig Court.
And there was never any case in the Taguig Trial Court, even though
Balita Media, through its obedient executive editor keeps repeating a
baseless and non-existent „sexual assault‟ case stories filed against
Bander. The stories, by their inaccuracies, were total fabrications
and assuredly paid for, as is the rampant practice in some less
reputable newspapers in Manila and written by reporters with
less than sterling journalism ethics.
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9. A Manila investigator for PinoyWatchDog.com who interviewed
People‟s Tonight reporter Allan Begornia, admitted, after a few
shots of hard liquor, that he was paid about $200 to write the
Bander sex scandal story, and whoever it was that approached
him to write the story really hated Bander with a passion. It was
this highly trained investigator‟s opinion that Begornia was an
alcoholic. After this brouhaha reached People‟s Tonight
management, the tabloid made a retraction and fired reporter
Begornia.
A few days after September 8, 2006, Ms. Rosario, Bander‟s Manila
legal assistant, received a call from someone professing to be
Christina San Jose‟s brother. He said that the articles in the
newspapers were all part of a plan to smear Joel Bander‟s name in
the Philippines and that the source of this campaign came from
the U.S. The caller further claimed that his „sister‟ was not
paid, as promised, by this group. Hence „San Jose‟ wanted to
retract the false accusations against Bander.
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10. “This is a set-up”:
Amb. Raul Rabe
“It was obvious this was a setup from the start,” said Ambassador
Raul Rabe, who had worked with Bander organizing and helping
Filipino World War II veterans during the late 1990s, and has
remained Bander‟s friend. “I wanted to help Atty. Bander, who did
so much for war veterans over the years,” Rabe said. His law office
in Manila initially undertook the legal representation of
Bander, and developed an overwhelming case demonstrating that
the complaint was a fraud and a set-up. However, even with his
firm‟s influence, the rampant corruption in the Philippines won the
day until the Aquino administration came into office and Bander
was ultimately acquitted.
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11. His case was made even stronger when:
* „San Jose‟ provided a false address, an abandoned
warehouse/factory space;
* Ms. Rosario still had the receipt of the person identifying herself
as „Christina San Jose‟. However, the signature on the Complaint
Sheet at the fiscal‟s office was very different than the one on the
receipt.
Despite Balita‟s repeated and malicious publication of this story
without regards for responsible, truthful and ethical
journalism, Bander had placed himself before the court in the fall
of 2006 by requesting a formal Reinvestigation, which the court
granted. He appeared at the Manila fiscal‟s office, but the
“fictitious” „San Jose‟ did not appear. “I was amazed how pathetic
the Manila Fiscal‟s office looked,” recounted Bander. “They did not
even have a phone or a computer at their desks.”
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12. “Everyone Wanted a Bribe”
Rabe‟s law firm then filed a Petition for Review with the
Philippine Department of Justice in October 2007, with Bander
further placing himself within the structures of the Philippine
Justice system, despite Rhony Laigo‟s claim that Bander was
“making a mockery of Philippine justice system.” After six
months inquiries were made and a meeting was set up through
the assistance of a congressional office. “I was quite surprised
to be meeting with about four (4) Justice Department
officials, and a couple of congressional aides,” Bander recalls.
“Then the bigger guy showed up. I think he was head of
finance. We ate and talked about the case. I thanked
everyone, paid for the food and left. Afterwards, my then
attorney, Lloyd Nonato, told me these officials wanted money
too, about $3000. I was incensed, but continued to refuse to
pay these bribes.”
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13. In the meantime, Balita‟s executive editor, Rhony Laigo, was
instructed by his bosses, Anthony Allen and Luchie Mendoza-
Allen, to fly to Manila and obtain a Hold Departure Order from
the Bureau of Immigration through the help of his friends and
former colleagues at the Ninoy Aquino International Airport beat.
After Laigo reportedly bribed his way to obtaining a Hold
Departure Order, Bander‟s lawyer, Lloyd Nonato obtained a
personal appointment with the Immigration Commissioner on
October 29, 2009. He described to the commissioner how the
charges were fabricated and was a big hoax.
The commissioner directed Nonato to his aides, who asked for
$4000 to lift the HDO. “At this point,” Bander recalls, “I decided to
wait for the end of the Arroyo administration, as I will not pay
bribes.”
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14. Aquino Wins
In August 2010, after Noynoy Aquino was elected president,
Bander traveled to Manila, and with the assistance
of prominent attorney Sig Fortun the HDO was removed
without the payment of any bribes, and a few months later
Bander was acquitted by the trial court. “I want to state,”
Bander said, “that at no time did anyone from the court in any
way ask for a bribe, nor did anyone even intimate that I
should.” Joel Lucanan was the Manila Trial Court judge.
“From my few times in court, Judge Lucanan treated everyone
with dignity and fairness, even though he was just handling
minor matters,” Bander added.
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15. Atty. Sig Fortun told PinoyWatchDog.com, “I represented Atty.
Bander as a brethren who has helped so many Filipinos.
I did not want him to think that Filipino Justice is so corrupt.”
However, corrupt elements of the Philippine American
Media that only wish Attorney Bander harm continue to
discuss this criminal case as if the underlying facts have
any basis in truth, or that Bander somehow was running
from even a corrupt criminal justice system.
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