A Manila trial court has ordered the arrest of 29 former and incumbent police officers for a non-bailable offense of “planting evidence” during a “staged” anti-illegal drugs operation in Manila where P6.7 billion worth of shabu was seized in 2022.
The arrest order was issued last Friday, Jan. 17, by Regional Trial Court (RTC) Judge Danilo D. Leyva of Branch 175 for violation of Section 29, Article II of Republic Act No. 9165, the Comprehensive Dangerous Drugs Act of 2002.
Judge Leyva found probable cause to issue the arrest order and decided to conduct the arraignment of the accused at 8:30 a.m. on Jan. 27.
“Considering the nature of the offense charge, the accused are not allowed to post bail,” Judge Leyva ordered.
Violation of Section 29 is a non-bailable offense. It states that “any person who is found guilty of ‘planting’ any dangerous drug and/or controlled precursor and essential chemical, regardless of quantity and purity, shall suffer the penalty of death” (now life imprisonment with the abolition of the death penalty).
Ordered arrested were were PPBGen. Narciso D. Domingo, PCol. Julian T. Olonan, PLt.Col. Dhefry A. Punzalan, PLt. Jonathan G. Sosongco, PMSG Carlos C. Bayeta, Pat. Hustin Peter A. Gular, Pat. Rommer I. Bugarin, Pat. Hassan O. Kalaw, Pat. Dennis L. Carolino, PCpl. Joshua Ivan Baltazar, Pat., Nathaniel Gomez, PLt. Ashrap T. Amerol, PSMS Jerrywin H. Rebosora, PSMS Marian E. Mananghaya, PMSG Lorenzo S. Catarata, PSSG Arnold D. Tibay, PCol. Arnulfo G. Ibanez, PLt.Col Glenn Gonzalez, PMaj. Michael Angelo C. Salmingo, PLt. Randolph A. Pinon, Pat. Mario M. Atchuela, Pat. Windel C. De Ramos, PLt. Silverio P. Bulleser II, PCMS Emmanuele E. Docena, PMSG Alejandro F. Flores, PCpl. Jhan Roland L. Gelacio, Pat. James G. Osalvo, Pat. Darius R. Camacho, and PMSG Rodolfo B. Mayo who was ordered detained at the Manila City Jail.
The RTC dismissed the charge against PLt.Gen. Benjamin D. Santos Jr. for lack of probable cause “due to the absence of evidence establishing his participation in the alleged offense.”
Earlier, RTC Judge Gwyn P. Calina of Branch 44 ordered an arrest order against the same accused, including Santos, for alleged delay and bungling in the prosecution of the drugs cases under Section 91 of RA 9165.
The cases involved the alleged buy-bust operation against WPD Lending in Tondo, Manila that led to the arrest of Nely Saligumba Atadero and the seizure of 990 kilograms of methamphetamine hydrochloride or shabu on Oct. 8, 2022 as well as the arrest of PMSG Mayo during a hot pursuit operation on Oct. 9, 2022 at the Quezon Bridge in Quiapo, Manila.
In its resolution, the Department of Justice (DOJ panel of prosecutors found that based on closed circuit television (CCTV) camera footages and other pieces of evidence, the police operation was “staged.”
The panel noted that Mayo had been arrested earlier in Bambang in Tondo, Manila for allegedly possessing two kilograms of shabu, while “Atadero can be seen from the still shots of the CCTV footage that he was in WPD Lending office freely roaming around the vicinity….”
“In fact, Mayo was arrested earlier in Bambang Street without any appropriate arrest, seizure, and inventory of the seized articles in accordance with law,” said the panel.
“Thereafter, he was then brought to WPD Lending where he was held in custody up to the time of the arrival of the PNP senior officials,” it said.
It also said “the responsible police officers, with the objective of freeing Mayo and with knowledge and actual direction of the superior officers, then concocted a plan through which Mayo would be released and not criminally charged.”
“To carry this out, Mayo was included in an operation to supposedly apprehend a bigger drug personality in Pasig City,” it pointed out.
However, it said the operation was “a mere service of an arrest warrant against a certain Juden Francisco, which led only to the seizure of an unlicensed firearm and ammunition.”