TOUR operator Jijing “Jimmy” Borja, 34, said he was wrongfully arrested by police officers after Fish & Wildlife Officer Steve Tenorio falsely accused him of disturbing the peace at Smiling Cove Marina on Tuesday last week.
Borja said he was booked at the Department of Corrections and had to bail himself out by paying $250.
He is scheduled to appear on May 1 at 9 a.m. before Superior Court Presiding judge Roberto C. Naraja.
F&W Director Manny Pangelinan declined to issue a statement regarding the incident.
In an interview on Friday, Borja said on the morning of April 11, he was at Smiling Cove Marina to drop off guests and customers headed to Managaha.
“At the dock, Fish & Wildlife Officer Steve Tenorio told me that I cannot be there…because of a recent news article about me that I don’t have business credentials to operate a tour business,” Borja said.
He said Tenorio told him to get a clearance from the F&W office or from its director.
“I know for a fact that F&W does not stop individuals from being at the dock, so I asked him if that was an order from his director,” Borja said. “At first, he said yes. I tried to video record him saying that it was an order from F&W director, but he avoided me.”
Borja said Tenorio insisted that he could not be at the dock and called the police, saying that he was an unlicensed tour operator.
When Department of Public Safety-Boating Safety police officers arrived, Borja said he showed them his business credentials.
Borja said he wanted to know if any F&W officer could stop him from going to the marina so he went to the Fish & Wildlife’s main office in Lower Base on the same morning.
“I tried to see and meet the director, Manny Pangelinan, but he was busy. So, the director told his staff to attend to me. I showed a staffer my documents who told me that I don’t need to show them my business documents,” Borja added.
The staffer, Borja said, also told him that the director did not give any order or instruction to any F&W officer to prohibit individuals from going to the marina.
“I asked the F&W staffer if it is okay for me to drop customers at the marina, as I still have customers coming. The staffer told me, ‘Why not, the marina is for the public.’ ”
Borja said he then called 911 for police assistance because he had a feeling that Tenorio would again stop him from going to the marina.
But no police officers showed up, he said.
Upon his return to the Smiling Cove Marina to assist his customers, Borja said he got into another heated exchange with F&W Officer Tenorio who told him to get away from the dock.
Borja said Tenorio called the police again and this time they came.
“Four cops and a supervisor came. They were speaking in Chamorro, and no one tried get to my side. Even though I’m the one who called the cops earlier,” Borja said.
Later, after speaking with the F&W officer, the supervising police officer instructed the other police officers to arrest Borja and handcuff him.
“They didn’t tell me what the charge was and why they were arresting me,” Borja said. “They did not talk or interview me. ‘I am the one who called the cops so why are you arresting me?’ I asked them.”
Borja said another staffer from F&W told arresting police officers that Borja did nothing wrong.
At this point, he said the supervising officer kicked the door of the boating safety garage and shouted at the other police officers, “Why is he still here? Why haven’t you guys sent him [to jail]? Send him right now!”
At the Department of Corrections, the booking officer informed Borja that he was arrested for disturbing the peace.
Borja said after he bailed himself out, he went to the police complaint desk to file a complaint against the arresting police officers, but no one tried to assist him.
He said a prosecutor helped him get in touch with the Department of Public Safety’s Internal Affairs office.
“At the IA office, I told an officer what happened. He gave me a DPS reference card without a case number,” Borja said, adding that he is looking at all his legal options and retaining an attorney.
“I will file a complaint — these are government employees and they did not help me,” he added.
“Because I have a misunderstanding with Marvin Pangelinan, now everywhere I go people start judging me. I don’t think that is correct,” he said.
Borja is referring to the Office of the Attorney General’s allegation that he bribed a Fish & Wildlife employee, Marvin Rodney Pangelinan, so that Borja could bring tourists to the Grotto without proper business credentials.
On March 28, 2023, the AG’s office filed an information in Superior Court charging Borja and Pangelinan with one count of bribery each.
But according to Borja, he is a licensed diving instructor, and has a permit and license for his tourist-related business operations.
Borja said he video-recorded Pangelinan receiving $100 from Borja as a “prank.”
Pangelinan wanted to borrow $200 from him, Borja said.
Jimmy Borja was handcuffed after he was arrested at Smiling Cove Marina on Tuesday last week.
