By Mario B. Casayuran
“The lesson learned here is that the law does not only have a long arm. It also has a very long memory.’’
Senator Panfilo M. Lacsom, former Philippine National Police (PNP) chief, issued the statement after the Department of Justice found probable cause to charge former PNP Chief Oscar Albayalde for graft over the “ninja cops” case and 12 policemen for violation of the anti-graft law.
Sen. Panfilo Lacson
(Senate of the Philippines / MANILA BULLETIN)
“I personally think that is as far as the evidence against former PNP Chief Oscar Albayalde can go as shown even during the Senate inquiry,’’ Lacson, chairman of the Senate national defense and security committee, said, .
“Having said that, the surest way for police officers like Police Major Rodney Baloyo et al to avoid past misdeeds from catching up with them is not to commit those misdemeanors in the first place.,’’ he added.
A special panel formed by Justice Secretary Menardo Guevarra indicted Albayalde for violating the Anti-Graft and Corrupt Practices Act for his supposed failure to implement an order penalizing the 13 policemen who were involved in a controversial drug sting back in 2013.
The DOJ said the panel's findings on Albayalde will be endorsed to the Office of the Ombudsman
https://twitter.com/anjocalimario/status/1217753653341114368/photo/1
Albayalde was not recommended to be charged over the allegedly irregular drug sting as the panel noted that there is no law that would provide for criminal liability due to command responsibility.
The panel also found probable cause to charge 12 of the 13 policemen involved in the raid for misappropriating, misapplying or failing to account for confiscated drugs, planting evidence, delaying and bungling the prosecution of drugs cases, and qualified bribery.
The panel found that the 12 misappropriated drugs when they declared only 36.6 kilograms of shabu, when police investigation revealed that they actually seized 200 kilograms. The policemen were also accused of declaring that they only recovered ₱300,000 in cash, when evidence supposedly show that they seized ₱10 million.
Some of the 12 policemen were also found to have failed to declare and account for a Toyota Fortuner, the DOJ said, without specifying who they were.
The DOJ said the policemen should also be charged for supposedly arresting Ding Wenkun instead of alleged Chinese drug trafficker Johnson Lee.
The special panel also recommended the filing of a falsification charge against PMaj Roney Baloyo, for making "untruthful statements in his spot report and progress report regarding the operation." Baloyo led the controversial drug raid and is still under detention after the Senate cited him in contempt.
The panel also said PSSg Romeo Guerrero Jr. and PMSg Ronald Santos should face charges for violating the chain of custody of evidence and for making false statements in their affidavit of arrest against Ding.
The complaints against PSSg Anthony Loleng Lacsamana were dismissed for insufficiency of evidence, DOJ spokesperson Markk Perete said.
the PNP Criminal Investigation and Detection Group (CIDG) charged Albayalde and the 13 officers in an amended complaint filed with the Department of Justice.
Albayalde now has to face criminal investigation along with 13 of his former officers in Pampanga province who have been accused of letting a drug lord escape in exchange for P55 million and selling a large amount of seized “shabu” (crystal meth) six years ago.
‘’I personally think that is as far as the evidence against former PNP Chief Oscar Albayalde can go as shown even during the Senate inquiry,’’ Lacson, chairman of the Senate national defense and security committee, said, .
‘’Having said that, the surest way for police officers like Police Major Rodney Baloyo et al to avoid past misdeeds from catching up with them is not commit those misdemeanors in the first place.,’’ he added.
Last October, senators led by Senator Richard J. Gordon, chairman of the Senate Blue Ribbon committee, cited alleged "ninja cop" Major Rodney Baloyo in contempt for allegedly for lying about the details of a November 2013 anti-drug raid in Pampanga.
At the Senate hearing on drug recycling on last October 3, Baloyo drew the ire of the senators when the specifics of the November 29, 2013 anomalous buy-bust operation was being discussed at the floor
Responding to senators, Baloyo recounted of the anti-narcotics operation, saying that he ordered Police Officer 2 Anthony Lacsamana to conduct a surveillance on the area to be raided.
Lacsamana, however, contradicted Baloyo's claim..
A visibly irked Gordon told Baloyo: "If you keep lying, no need to be here. Matatapos na tayo dito. Papa-contempt ka namin. (We will be done soon. We will cite you in contempt.)"
Before his mandatory retirement late last year, Albayalde stepped down as PNP chief after being accused by witnesses in a Senate investigation of protecting the 13 officers from prosecution and of benefiting from the irregularity.
The CIDG deemed Albayalde, who was the Pampanga provincial police director at the time of the drug raid, criminally liable for trying to influence the internal “validation process” of the operation and failing to investigate his men when “irregularities” became known.
“Instead of conducting an investigation his personnel, he rather recommended the personnel involved for the issuance of award,” the CIDG said in the amended complaint.
It said Albayalde called the former CIDG deputy director for operation, Chief Supt. Rudy Lacadin, “to influence in the validation process” concerning the Nov. 29, 2013, police operation in Mexico, Pampanga.
Albayalde allegedly “failed to initiate an investigation the incident when its irregularities started to unfold,” it said
The official was charged with misappropriating seized illegal drugs, graft, qualified bribery, falsification of public documents, perjury and dereliction of duty.
The CIDG also filed new charges of graft, qualified bribery and perjury against the 13 “ninja cops.”