Lacson: Albayalde escaped administrative charges but may face criminal cases

Published November 10, 2019, 12:03 AM

by Ellalyn De Vera & Richa Noriega

By Mario Casayuran

Retired Philippine National Police (PNP) Chief Oscar Albayalde has escaped facing any government plans to slap him with administrative charges after he formally retired last Friday.

Philippine National Police (PNP) Chief Oscar Albayalde; Senator Panfilo Lacson (AP / MANILA BULLETIN)
Philippine National Police (PNP) Chief Oscar Albayalde; Senator Panfilo Lacson (AP / MANILA BULLETIN)

This was explained by Senator Panfilo M. Lacson, himself a former PNP chief, who said the pension of Albayalde could have been withheld until the resolution of any administrative charges that government could have filed against him while he was still in office.

‘’Pero dahil retired na siya wala nang jurisdiction ang administrative na kaso, di na pwede habulin. Kung may pwede habulin ang criminal na kaso. Nag-file ang CIDG (PNP Criminal Investigation and Detection Group) before the DOJ (Department of Justice),’’ he said. (Because Albayalde has (mandatorily) retired (after reaching the age of 56), the administrative case has no longer jurisdiction. But a criminal case could still be filed.)

He said retirement benefits might be withheld on a criminal case but not on administrative charges.

Lacson, chairman of the Senate public order and dangerous drugs, said it is possible that Albayalde could get a lump sum pension of three years and a monthly pension after the lapse of that three years.

‘’Ako pareho kami ng rank nang nag-retire. Ako nakuha sa indexation mahigit P190,000 monthly,’’ he added. (We both retired holding the same rank. After indexation, I got more than P190,000 monthly.)

Senator Richard J. Gordon had reported a record of the public hearings by his Senate Blue Ribbon and justice committees asking the Ombudsman and the Department of Justice (DOJ) to file criminal charges against Albayalde and his 13 ‘’Ninja Cops’’ who allegedly staged a mock drug raid in Mexico, Pampanga, allegedly got a P50 million ransom from their captured South Korean drug lord, got some vehicles of the drug lord and re-cycled more than 160 kilos of ‘’shabu’’ (crystal meth).

The South Korean was allegedly allowed to escape and a Chinese was presented as the alleged drug lord.

On the refusal of the Department of Interior and Local Government (DILG) Eduardo Año to file administrative charges against Albayalde because there was no basis, Gordon, a lawyer, said Año is not a lawyer.

Año and Albayalde are graduates of the Philippine Military Academy (PMA).

Albayalde denied any wrongdoing although two retired generals testified that he tried to influence them into sitting on a PNP recommendation ordering the dismissal of the 13 Ninja cops.

On the possibility of President Duterte appointing those retired to another government post, Lacson said it would not look good if a retiree with a case would be appointed.

‘’Ang attitude ko riyan authority ng appointing power. Ayoko question-in. Call ng Presidente yan being the appointing authority, prerogative niya yan. Pag pumalpak, sa appointing authority din bulto ng sisi,’’ he explained. (My attitude on this issue is that I would not question the prerogative of the President in exercising his appointing powers. That is his call. The appointing power will receive criticisms in case his appointee does not live up to expectations.)