By Rey Panaligan Government prosecutors have found probable cause to charge in court former Philippine National Police (PNP) chief Gen. Oscar Albayalde and 12 other police officers, called “ninja cops,” in connection with a drug operation conducted in Pampanga in 2013. Former PNP chief General Oscar Albayalde (Kevin Tristan Espiritu / MANILA BULLETIN) A summary of the resolution issued by Department of Justice (DOJ) Undersecretary Markk Perete and released on Friday evening (Jan. 16), states that the case of Albayalde “will be indorsed to the Office of the Ombudsman which has primary jurisdiction over crimes falling under the exclusive jurisdiction of the Sandiganbayan.” The summary also states that “under R.A. (Republic Act) No. 10660, the Sandiganbayan has exclusive original jurisdiction in cases involving PNP officers occupying the position of provincial director and holding the rank of senior superintendent and higher.” The summary further reads: “In its Resolution released today, the Panel found probable cause to charge Albayalde with violation of the Anti-Graft and Corrupt Practices Act for persuading, inducing, or influencing another public officer to perform an act constituting a violation of rules and regulations in connection with the official duties of the latter, and for causing any undue injury to any party, including the government. “The Panel anchored its finding on Albayalde’s non-implementation of an Order which sought to penalize the police officers involved in the questioned drug operation. “The Panel likewise found probable cause to indict Police Supt. Rodney Raymundo Louie Juico Baloyo IV; P/Insp. Joven Bagnot De Guzman, Jr.; SPO1 (Senior Police Officer) Jules Lacap Maniago; SPOI Donald Castro Roque; SPO1 Ronald Bayas Santos; SPO1 Rommel Muñoz Vital; SPO1 Alcindor Mangiduyos Tinio; PO3 (Police Officer) Dindo Singian Dizon; PO3 Gilbert Angeles De Vera; PO3 Romeo Encarnacio Guerrero, Jr.; SPO1 Eligio Dayos Valeroso; and SPO1 Dante Mercado Dizon for, among others, the following offenses:

1.  “Misappropriation, misapplication or failure to account for the confiscated, seized and/or surrendered dangerous drugs, defined and penalized under Section 27, Article II, of R.A. No. 9165;
2. “Planting of evidence, defined and penalized under Sec. 29, Article II, likewise of R.A. No. 9165;
3. “Delay and bungling in the prosecution of drugs cases, defined and penalized under Sec. 92, Article XI of R.A. No. 9165;
4. “Qualified bribery under the Revised Penal Code; and
5. “Causing any undue injury to any party, including the government, defined and penalized under Section 3(e) of R.A. No. 3019.

“The Panel found that Baloyo, et al., misappropriated drugs when they declared that only 36.60 kg (kilograms) of shabu was seized during their operations, while the subsequent police investigation indicated that about two hundred (200) kilos of methamphetamine hydrochloride was actually recovered. “The group likewise declared the cash they obtained from the operation to be only Three Hundred Thousand Pesos (P300,000.00) while contrary evidence indicated that said amount reached Ten Million Pesos (P10,000,000.00).  The Panel based the actual volume of the drugs and amount of money seized during the operation on, among others, the declaration contained in the Affidavit of Direct Participation of P/SInsp De Guzman and nine (9) other respondents. “Some of the respondents were likewise found to have failed to declare and account for a Toyota Fortuner vehicle which was also seized during the operation. “Furthermore, the Panel found Baloyo, et al. chargeable with the crimes of planting of evidence, bungling of the prosecution of a drug case, and qualified bribery.  The Panel noted that the group: (a) illegally arrested one Ding Wenkun instead of Johnson Lee from whom they seized the drugs; and (b) implicated or imputed upon Wenkun the crime of illegal sale and possession of dangerous drugs, despite their knowledge that it was Lee who should be charged therefor.  The case against Wenkun was eventually dismissed by the court. “Finally, the Panel recommended the filing of: (a) an information for violating regulations issued by the Dangerous Drugs Board regarding the chain of custody of evidence against PO3 Guerrero and SPO1 Santos; (b) another information for falsification by a public officer against P/Supt Baloyo who made untruthful statements in his Spot Report and Progress Report regarding the operation; and (c) another information for false testimony and perjury in solemn affirmation against SPO1 Santos and PO3 Guerrerro, Jr. who made untruthful statements in their Affidavit of Arrest against Wenkun. “The Panel was tasked by Justice Secretary Menardo I. Guevarra in October 2019 to conduct a reinvestigation of the case, after the original complaint filed against Baloyo, et al. was dismissed by the then investigating prosecutor for insufficiency of evidence.  In its Resolution consisting of 104 pages, the Panel relied on additional evidence presented by the parties and their witnesses, as well as on the report on the Senate investigation led by Senator Richard Gordon.”