No admin case for Albayalde but liable for command responsibility – report
Published Nov 6, 2019 12:01 pm
By Chito Chavez
The Department of the Interior and Local Government (DILG) said on Wednesday that former Philippine National Police (PNP) Chief Police General Oscar Albayalde cannot be sued administratively but is liable for command responsibility in connection with the buy-bust operations involving ninja cops in Mexico, Pampanga in 2013.
DILG Secretary Eduardo Año (Photo from Philippine Information Agency / MANILA BULLETIN)
Based on the findings of the Joint DILG-PNP Review Committee headed by National Police Commission (Napolcom) Vice Chairman Casurao and DILG Undersecretary Bernardo Florece, Jr., they found no substantial evidence to warrant an administrative case against Albayalde.
However, the report noted that Albayalde is liable for command responsibility when he was relieved as Pampanga Provincial Director in 2014.
The report added that since Albayalde had already relinquished his post as Chief PNP, he can no longer be relieved of his position.
The DILG also noted that the Napolcom has convened a Summary Hearing Board to hear charges against the 13 ninja cops from the Pampanga Police Provincial Office involved in the November 29, 2013 buy-bust operation.
DILG Secretary Eduardo M. Año said that the summary dismissal proceedings against the respondents can be completed within 45 calendar days without violating their right to due process.
He noted that pending the resolution of their cases, the respondents will be placed under restrictive custody in Camp Crame.
“The filing of new administrative charges against these ninja cops is in light of new evidence gathered by the Joint DILG-Napolcom Review Committee as well as those that came out during the Senate Investigation,” said Año.
“Moreover, the President has given his guidance to the DILG to pursue the administrative cases against the 13 Ninja cops which we have already started. For the criminal cases against Albayalde et. al., he leaves it to the Department of Justice and the Office of the Ombudsman,” he added.
DILG Undersecretary and spokesman Jonathan Malaya said that the following charges will be filed against the Pampanga ninja cops: serious irregularity in the performance of duty for mishandling of confiscated drugs and instruments and for failure to immediately mark, physical inventory, and photograph illegal drugs and other evidence after seizure and confiscation in the presence of the persons from whom the drugs were confiscated, thereby compromising the integrity and evidentiary value of the confiscated drugs; dishonesty for making untruthful statements in their affidavits of direct participation; grave misconduct for giving false testimony against the accused and making untruthful statements when they testified under oath during the Senate Blue Ribbon Committee hearing; and grave irregularity in the performance of duty for improper handling and preparation of the buy-bust money in violation of procedural requirements, and for failure to account the confiscated money.
He said that “the charges to be filed against them will not be for the same offenses for which they were charged in the past. Moreover, the complaining witness this time will be the Napolcom which is vested with competent jurisdiction on the matter, hence, res judicata will not apply.”
Malaya said the Joint Review Committee subpoenaed 21 persons composed of personalities who testified at the Senate as well as members of the PIB/PAIDSOTF of PNP-Pampanga. Aside from this, the committee also reviewed documentary evidence consisting of the transcript of stenographic notes from the Senate hearings, as well as pertinent documents related to the 2013 Lakeshore incident.
DILG Secretary Eduardo Año (Photo from Philippine Information Agency / MANILA BULLETIN)
Based on the findings of the Joint DILG-PNP Review Committee headed by National Police Commission (Napolcom) Vice Chairman Casurao and DILG Undersecretary Bernardo Florece, Jr., they found no substantial evidence to warrant an administrative case against Albayalde.
However, the report noted that Albayalde is liable for command responsibility when he was relieved as Pampanga Provincial Director in 2014.
The report added that since Albayalde had already relinquished his post as Chief PNP, he can no longer be relieved of his position.
The DILG also noted that the Napolcom has convened a Summary Hearing Board to hear charges against the 13 ninja cops from the Pampanga Police Provincial Office involved in the November 29, 2013 buy-bust operation.
DILG Secretary Eduardo M. Año said that the summary dismissal proceedings against the respondents can be completed within 45 calendar days without violating their right to due process.
He noted that pending the resolution of their cases, the respondents will be placed under restrictive custody in Camp Crame.
“The filing of new administrative charges against these ninja cops is in light of new evidence gathered by the Joint DILG-Napolcom Review Committee as well as those that came out during the Senate Investigation,” said Año.
“Moreover, the President has given his guidance to the DILG to pursue the administrative cases against the 13 Ninja cops which we have already started. For the criminal cases against Albayalde et. al., he leaves it to the Department of Justice and the Office of the Ombudsman,” he added.
DILG Undersecretary and spokesman Jonathan Malaya said that the following charges will be filed against the Pampanga ninja cops: serious irregularity in the performance of duty for mishandling of confiscated drugs and instruments and for failure to immediately mark, physical inventory, and photograph illegal drugs and other evidence after seizure and confiscation in the presence of the persons from whom the drugs were confiscated, thereby compromising the integrity and evidentiary value of the confiscated drugs; dishonesty for making untruthful statements in their affidavits of direct participation; grave misconduct for giving false testimony against the accused and making untruthful statements when they testified under oath during the Senate Blue Ribbon Committee hearing; and grave irregularity in the performance of duty for improper handling and preparation of the buy-bust money in violation of procedural requirements, and for failure to account the confiscated money.
He said that “the charges to be filed against them will not be for the same offenses for which they were charged in the past. Moreover, the complaining witness this time will be the Napolcom which is vested with competent jurisdiction on the matter, hence, res judicata will not apply.”
Malaya said the Joint Review Committee subpoenaed 21 persons composed of personalities who testified at the Senate as well as members of the PIB/PAIDSOTF of PNP-Pampanga. Aside from this, the committee also reviewed documentary evidence consisting of the transcript of stenographic notes from the Senate hearings, as well as pertinent documents related to the 2013 Lakeshore incident.