By Vanne Elaine Terrazola
The Senate Justice and Blue Ribbon Committees recommended the filing of anti-graft and anti-drug charges against resigned Philippine National Police (PNP) chief General Oscar Albayalde and 13 of his former subordinates at the Pampanga Provincial Police Office for the anomalous drug operation in 2013.
SENATE FINDINGS — Senator Richard Gordon, chairman of the Senate Blue Ribbon, and Justice and Human Rights Committees that held an extensive probe into the activities of the so-called ‘ninja cops,’ shows their findings on the alleged complicity of former Philippine National Police (PNP) chief Oscar Albayalde in the illegal drugs-recycling scam. (ALI VICOY / MANILA BULLETIN)
Senator Richard Gordon, chairman of the two committees, released to media on Friday the report on the legislative inquiry on the alleged drug recycling by so-called “ninja cops.”
He said Albayalde, then the Pampanga provincial police director, was as liable as his former men who allegedly tampered documents and evidence following their November 29, 2013, operation in Mexico, Pampanga.
“All of them, including Albaylade, are guilty of malfeasance,” Gordon said in a press briefing at the Senate.
Gordon, citing the 46-page committee report, enumerated the irregularities that transpired in the 2013 Pampanga drug bust against a certain Johnson Lee, an alleged Chinese drug lord, who was freed by the 13 cops allegedly in exchange for some P50 million.
He described the operations as “illegal” as it did not follow police protocols, especially in handling the evidence seized from the alleged drug lord.
A summary of the committee report provided to media stated that Albayalde was among the “people responsible” for the anomalous operation.
The panel recommended the filing of cases against Albayalde for violation of Section 3 of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act) primarily for supposedly blocking the dismissal order against his former men.
During the marathon Senate hearings on the “ninja cop” issue, former Central Luzon police chief and now Philippine Drug Enforcement Agency (PDEA) Director-General Aaron Aquino revealed that Albayalde called him in 2016 and requested not to implement the dismissal recommendation on the 13 Pampanga cops.
Later, retired Gen. Rudy Lacadin, who was also Central Luzon police head, bared that Albayalde admitted over their phone conversation that “kaunti lang lang napunta sa akin (I only got a little)” from the 2013 drug bust.
Section 3 (a) of the RA 3019 considers as corrupt practice “persuading, inducing, or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter.”
For his calls to Aquino and Lacadin, the committee also found Albayalde liable for “dereliction of duties” and violating Article 208 of the Revised Penal Code, which prohibits public officers from “instituting prosecution for the punishment of violators of the law, or the commission of offenses.”
Albayalde, it added, should also be criminally charged for supposedly failing to account the illegal drugs and other pieces of evidence seized from the 2013 drug bust.
The report stated that the police general “profited from the sale of shabu” by his men, citing his alleged admission that he only got a little from it.
The report also maintained that Albayalde, being the commander, was on top of the operation.
Albayalde and his men should also be charged for causing “injury” to the State, Lee, and the certain Ding Wen Kun who was arrested in replacement of Lee.
Gordon, in the press briefing, had repeatedly mentioned Albayalde’s failure to act against his men despite investigation from the PNP headquarters.
Instead, Albayalde gave himself and the 13 cops commendations for their “achievements” in the drug bust.
“The best time to fight for his men was on the very first stage of the action. But he chose surreptitious, sneaky, behind-the-scene means,” Gordon said, reading part of the committee report.
Gordon had also described as “unforgivable” Albayalde’s move to reassign, and even promote the erring cops to other posts which, he said, allowed them to commit anew anomalies in police operations.
“Mabigat sa akin ‘yong binalik niya tapos nang-hold up ulit. Mabigat ‘yon. Unforgivable ‘yon. That shows na talagang gusto kong bigyan ng career ulit ,” he told reporters.
He cited the May 4, 2019 questionable anti-drug operation in Antipolo City involving four of the 13 Pampanga policemen. The PNP has recommended the dismissal of the involved cops.
While it was not part of the Senate probe, Gordon said the incident was proof of Albayalde’s liability.
Gordon, however, stressed that the recommended charges against Albayalde was not only based on the testimonies by the former police generals, but also from investigations conducted by the PNP on the controversial drug bust.
These, he said, all form part of a strong circumstantial evidence of Albayalde’s involvement in the operation, since the former police official “did not defend himself adequately” during the Senate inquiry.
“I stand by my report, I am a lawyer,” Gordon said to emphasize that his committee report against Albayalde and his men can stand on its own.
He said he will leave it to the proper authorities, such as the Department of Justice and the Office of the Ombudsman, to decide whether or not to pursue these charges against Albayalde.
As for 13 Pampanga policemen, cops led by Police Major Rodney Baloyo, the Gordon-led panel recommended the filing of charges for violation of the Comprehensive Dangerous Drugs Act of 2002 and Civil Code, as well as robbery and unlawful arrest.
The Senate panel also supported the strengthening of the Internal Affair Service to make it a “truly independent” institution from the PNP.
The committee is also looking at amending RA 9165, to mandate “persons of good repute” such as retired judges or lawyers, to monitor if the operation procedures and chain of custody were followed by law enforcers.
It also recommended the suspension of dismissal of rogue PNP members as a penalty, and not mere reassignments; as well as the confiscation of their firearms and badges.
The committee also called a shorter review of administrative cases filed against rogue policemen.
Gordon also proposed the creation of a mandatory police training program on character formation and leadership to “professionalize” the police force.
The joint report of the Blue Ribbon and Justice committees has yet to be signed by other senators, but Gordon said Senate leaders, Senate President Vicente Sotto III, Majority Leader Juan Miguel Zubiri, and Minority Leader Franklin Drilon have expressed their “full support” on its release to the public.
Almost half of the members of the Senate are in Serbia for the 141st Assembly of the Inter-Parliamentary Union (IPU).
Gordon said Sen. Christopher Go had also told him that a copy of the report will be transmitted to President Duterte.
The President, he said, was waiting for the Senate report. (With a report from Mario Casayuran)