The three policemen, SPO2 Jerry Villarin, PO3 Estanislao Avenido and PO2 Godofredo Amancio, were arrested by National Bureau of Investigation agents in an entrapment near the Palace of Justice building Wednesday.
They were caught allegedly in the act of receiving P35,000 in cash from the mother of a drug suspect supposedly for downgrading a case of the latter, who the policemen had arrested in a drug bust earlier.
The NBI was earlier reported recommending the filing of five charges-robbery or extortion, bribery, graft and corruption, violation of code of conduct for public officials, and obstruction of justice-but further verification showed that the Ombudsman filed only three charges against the policemen.
The Ombudsman filed at the Regional Trial Court charges for direct bribery-carrying a bail bond of P20,000 - and for violation of Republic Act 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees, which is bailable at P10,000.
The Ombudsman also filed at the Municipal Trial Court in Cities a separate charge for violation of Presidential Decree 1829 or obstruction of justice, which carried a bail bond of P1,000.
The Ombudsman has also looked into the possibility of filing a non-bailable crime of qualified bribery in relation to RA 9165, or the Dangerous Drugs Act of 2002, considering that the policemen tried to downgrade a suspect's case from drug pushing to mere possession of drug paraphernalia.
But there was not enough evidence to support the filing of such case, said the anti-graft investigators.
The trouble of the three policemen started after they caught Mark James Gallarde allegedly for drug peddling, a non-bailable offense. They allegedly told the suspect's mother Elizabeth that in exchange of money they could facilitate the downgrading of the case so her son may be freed on bail.
Initially, the policemen allegedly demanded P80,000 but Elizabeth pleaded them to reduce the amount to only P35,000. The policemen allegedly agreed on this.
Elizabeth however sought the help of the NBI agents on the matter. The latter in turn set up an entrapment involving the giving of marked money to the policemen.
The NBI eventually got the three policemen and it was Avenido who allegedly received the money from Elizabeth, based on findings that he was positive of ultra violet powder from the marked money. - Rene U. Borromeo