19 senators recommend raps vs Albayalde, 13 cops

MANILA,Philippines — Nineteen senators have signed the committee report that recommended the filing of graft and drug charges against former Philippine National Police (PNP) chief Gen. Oscar Albayalde and 13 officers in connection with the alleged pilferage of P650 million worth of shabu in 2013.

Sen. Richard Gordon, chair of the Blue Ribbon and justice committees, filed Committee Report 17 yesterday following several hearings on the so-called “ninja cops.”

Signing the report with Gordon were Senate President Pro Tempore Ralph Recto, Senate Majority Leader Juan Miguel Zubiri, Senate Minority Leader Franklin Drilon and Senators Sonny Angara, Nancy Binay, Pia Cayetano, Sherwin Gatchalian, Christopher Go, Risa Hontiveros, Panfilo Lacson, Leila de Lima, Imee Marcos, Manny Pacquiao, Aquilino Pimentel III, Grace Poe, Bong Revilla, Francis Tolentino and Cynthia Villar.

This developed as Albayalde yesterday sought the dismissal of the criminal complaint filed against him by the PNP-Criminal Investigation and Detection Group (CIDG) in connection with the raid.

In a 35-page counter-affidavit that he submitted to Department of Justice (DOJ) prosecutors, Albayalde said the amended complaint filed by the CIDG was insufficient in form and substance.

Pimentel signed the document with reservations while Angara, Poe, Recto, and Revilla indicated they may seek amendments to the report. Hontiveros said she may interpellate when the report is presented in plenary today.

Gordon, who chairs both the Blue Ribbon and justice committees that conducted the inquiry, said with majority of senators signing his draft meant the inquiry produced a “very, very solid” report.

In presenting details of the report to reporters last month, Gordon said Albayalde apparently led a “monumental cover-up” after the raid led by Police Maj. Rodney Baloyo IV on Nov. 29, 2013 when policemen allegedly took away huge amounts of cash, vehicles, and over 160 kilos of shabu out of the 200 kilos they seized from the residence of the suspect identified as Johnson Lee.

At the time of the raid, Albayalde was still a colonel and was Pampanga provincial director while Baloyo was his intelligence officer. An internal PNP investigation shortly after the raid also discovered that Lee was freed in exchange for P50 million, and was replaced with a Chinese national, Ding Wengkum, who was presented to the media as the suspected drug trafficker.

This is the first time he was officially recommended to be charged in connection with the raid. A previous PNP probe found nothing against him after he was relieved from his post and was placed on “floating status” for eight months in 2014.

Among the possible charges that may be filed against Albayalde was for the violation of Section 27 of the Comprehensive Dangerous Drugs Act of 2002, which is punishable by life imprisonment to death; a fine ranging from P500,000 to P10 million, and perpetual disqualification from public office, according to a summary of the committee report.

The section deals with instances wherein an officer of the law misappropriates or fails to account for the confiscated drugs, precursors, and paraphernalia.

Albayalde, who is set to retire on Nov. 8, may also be liable for violation of the Revised Penal Code and the Anti-Graft and Corrupt Practices Act in allegedly calling his former superiors – then PNP generals Aaron Aquino in 2016 and Rudy Lacadin in 2014– apparently attempting to stop the dismissal of his men.

He could also be liable for violating another provision in Anti-Graft and Corrupt Practices Act for causing “undue injury” to the state, Lee and Ding.

At the very least, Albayalde could be charged for negligence, he said.

Gordon said the report, once officially adopted by the Senate, will be forwarded to the Department of Justice (DOJ) and the Office of the Ombudsman for them to use for the possible filing of charges.

Albayalde seeks dismissal of criminal complaint

In his counter-affidavit, Albayalde said, “A reading of the amended complaint affidavit will readily show that instead of stating ultimate facts which constitute the offense charged, the same contains nothing more than conclusions of law that are based on mere suspicion, speculation, conjectures and suppositions.”

He also pointed out that the filing of the amended complaint was “irregular and unfair” to him since it adopted the allegations levied against him in the 2014 complaint that has already been dismissed.  

“I was never charged in the previously dismissed complaint-affidavit. My name was never ever mentioned – not even once – in the previously dismissed complaint-affidavit. How then can I respond to something that does not mention my name, much less impute any act or omission against me?” he added.

He added that the allegations made against him in the amended complaint stemmed from the testimonies given by individuals before the Senate Blue Ribbon committee that were intended to destroy his good name and reputation, and had no corroborating evidence to back up their false and malicious imputations. 

Albayalde said that the allegations made against him during the Senate investigation should not be given credence and be dismissed because first, the hearings conducted by the Blue Ribbon committee were done in aid of legislation and was not a criminal proceeding where the innocence or guilt is properly determined. 

Secondly, the “partial committee report” that was released by panel chairman Sen. Richard Gordon was not an official Senate document and should be totally disregarded in the consideration of the present amended complaint. 

He added that according to the Senate’s rules, they do not issue “partial committee report.” A committee comes out with a report after the conclusion of an inquiry, but the inquiry on Republic Act No.10592 on Good Conduct Time Allowance is not yet finished. 

Neither was the “partial committee report” drafted by Gordon signed or approved by a majority of committee members as required by Senate rules.

Lastly, he said the allegations made by certain individuals against him were not supported by corroborating evidence. 

The former PNP chief reminded the DOJ panel of prosecutors, led by Senior Associate State Prosecutor Alexander Suarez and members Assistant State Prosecutors Josie Christina Dugay and Gino Paolo Santiago that in determining the outcome of a complaint it should not depend on the weakness of the evidence of the accused. The burden of proof lies on the prosecution. 

Records showed, he said, that in the Oct. 6, 2014 resolution, the DOJ already categorically rejected the testimonies of witnesses FGB Security Agency finance marketing manager Vivian Fontanilla and security guards Rolleth Bagus and Jasmar Laste reportedly for being incredible and contradictory.

The CIDG also filed violation of the Anti-Graft and Corrupt Practices Act against him because he allegedly asked Philippine Drug Enforcement Agency (PDEA) chief Aaron Aquino, who was then head of Central Luzon police, not to implement the dismissal against Police Supt. Rodney Baloyo IV and his team. Also, for reportedly telling retired police general Rudy Lacadin, who was with PNP-CIDG, that he only “got a little” from the 2013 illegal drugs operations. 

But Aquino and Lacadin did not present any corroborating evidence to support their statements.

“I vehemently deny as being unfaithful and malicious and totally baseless and incredible allegations of General Aquino. In the first place, General Aquino contradicts himself when he first claimed that I called him only to ask for the status of the administrative cases filed against Police Supt. Baloyo and his team and thereafter, changed his story and alleged that I supposedly interfered with the implementation of the dismissal order against Supt. Baloyo and his team. A witness who contradicts himself is obviously not worth believing,” Albayalde said. 

He added that he never called Aquino or Lacadin to try to influence them or interfere in any manner in the administrative cases against Baloyo and his men. 

Simply taboo

He also said, “Both General Aquino and General Lacadin are my upperclassmen in the Philippine Military Academy (PMA). Any rational and unbiased individual with even a causal familiarity with the concept of seniority in an organization such as the PMA would know that it is simply taboo and against human experience to be asking an upperclassmen for a favor, much less something so brazenly illegal.”

Albayalde also explained that he could not be accused of violating Article 208 of the Revised Penal Code (RPC) on the prosecution of offenses; negligence and tolerance because the complainant failed to establish any positive duty on his part to file and prosecute cases against Baloyo and his team. It was the CIDG and the PNP Regional Office III that were tasked by the PNP chief at the time to conduct a validation and/or investigation of the 2013 Pampanga operation. 

In fact, he was even administratively relieved as provincial director of Pampanga and reassigned to Regional Personnel Holding and Accounting Unit on floating status on March 26, 2014 to precisely pave the way for an impartial investigation. 

Albayalde also said the DOJ does not have any jurisdiction to reopen the investigation. It should be the Office of the Ombudsman that should conduct a preliminary investigation, he said.

“There is much to be said for displaying zeal and eagerness in stamping out criminality. I myself have shared in this salutary objective and have dedicated my life’s work toward the achievement of his goal. However, this objective cannot be achieved at the expense of the well-enshrined rights to fair play and justice and observance of the constitutional due process,” he added.

In the amended complaint filed by the CIDG, they cited four criminal complaints against their former PNP chief, namely for violating Sec. 27 of Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act of 2002 (criminal liability of a public officer or employee for misappropriation, misapplication or failure to account for the confiscated or surrendered dangerous drugs); Section 3, paragraph (3) of RA 3019 or the Anti-Graft and Corrupt Practices Act; one count of violation of Article 171 of the RPC (falsification by public officer), and for violation of Article 208 of the RPC (prosecution of offense; negligence and tolerance).

During yesterday’s third preliminary hearing at the DOJ, the CIDG added in their complaint against Albayalde violation of Section 3 Paragraph A of RA 3019 that covers persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced or influenced to commit such violation or offense. 

Aside from Albayalde, the 13 policemen tagged as “ninja cops” also filed their counter-affidavits except for Senior Police Officer 1 Ronald Santos, who never appeared at any of the DOJ hearings. 

Those who filed their counter-affidavits were Supt. Baloyo, Senior Inspector Joven de Guzman Jr., Senior Police Officer 1 Jules Maniago, SPO1 Donald Roque, SPO1 Rommel Muñoz Vital, SPO1 Alcindor Tinio, SPO1 Dante Dizon, SPO1 Eligio Valeroso, Police Officer 3 Dindo Dizon, PO3 Gilbert de Vera, PO3 Romeo Guerrero Jr. and Police Officer 2 Anthony Lacsamana.

PNP-CIDG Legal Division chief Lt. Col. Joseph Orsos said he is optimistic that there is a 70-80 chance that the DOJ would find probable cause to indict Albayalde and the 13 others for their participation in the drug sting against Johnson Lee, an alleged large-scale Chinese (other reports say Korean) drug trafficker, in Mexico, Pampanga in 2013.

In exchange for releasing Lee, the 13 policemen allegedly got 160 kilograms of shabu worth P648 million, P50 million in cash and brand new sport utility vehicles. In his stead they reportedly presented a patsy, Ding Wengkun, as suspect. 

“I think there is a 70-80 percent, I believe he (Albayalde) is liable. What we are only looking for is if there is probable cause. I don’t know what is the standing of the panel (of prosecutors) but for us we believe that what they saw in the Senate, then that’s it since there is no additional evidence except from what was discussed in the Senate,” Orsos said.

Orsos also denied criticisms that they hastily filed the case against Albayalde. He explained that despite being given only five days to file their amended complaint and submit additional evidence, they were able to produce 11 witnesses and all relevant records from the Land Transportation Office. 

But when asked if they have concrete evidence against Albayalde, the CIDG official said, “Again as I have said, there is no single strong evidence. But the totality of evidence shows he is indeed liable.”

Bilibid cops

 Meanwhile, 14 of the 18 policemen caught while sneaking in cellular phones and other banned items at the New Bilibid Prison (NBP) in Muntinlupa last Oct. 18 were cleared of suspicions that they were in cahoots with detained drug lords, a police official said yesterday.

National Capital Region Police Office chief Brig. Gen. Debold Sinas said the Anti-Cyber Crime Group (ACG) certified that the confiscated cellphones from the 14 policemen did not show any illegal transactions but only interactions with their friends and relatives.

“More or less the cellphones were for their personal use. We did not find any irregularity as everybody now is using cellular phones,” said Sinas.

However, Sinas said the 14 policemen still violated specific instructions for them not to bring cellphones inside the NBP complex thus they would be charged with a minor offense which carries a minimum penalty.

For the four other policemen who tried to smuggle tobacco and alcoholic drinks inside NBP, they would be charged administratively anytime this week. According to Sinas, they are only awaiting the final report of the ACG before ending their investigation on the NBP mess.

“Actually, we conducted background associations of the 14 policemen who are new graduates of the basic course and were deployed immediately without them taking a vacation. We did not find any anomalies in their lifestyle,” Sinas said.

“I told them to explain themselves and we are satisfied with their reasons for bringing in cellular phones inside the NBP,” said Sinas.

He said the 14 policemen would be redeployed in the field this week since the NCRPO needs “warm bodies” during security operation this coming Southeast Asian Games (SEA Games) on Nov. 30 to Dec.11. With Non Alquitran