CIDG won’t let Albayalde get off the hook that easily

THE Philippine National Police-Criminal Investigation and Detection Group (PNP-CIDG) on Monday insisted before the Department of Justice (DOJ) that former PNP Chief Oscar D. Albayalde should be prosecuted for his alleged involvement in the 2013 seizure of P648 million worth of illegal drugs by his men tagged as “ninja cops” in Pampanga.

In their 15-page reply affidavit, the PNP-CIDG represented by Police Lt. Julius Sagandoy disputed Albayalde’s claims in his counteraffidavit that his inclusion as one of the respondents in the complaint filed by the police agency is “baseless” and violative of his right to due process.

The DOJ has reopened the case against the 13 subordinates of Albayalde who have been tagged as ninja cops.

The case was dismissed by the DOJ in May 2014, but opted to reopen it following the Senate investigation, which also prompted Albayalde to step down from his post as PNP chief after the Senate Blue Ribbon Committee probe linked him in the controversial 2013 anti-illegal drug raid in Mexico, Pampanga, that resulted in the seizure of some 200 kilos of shabu by his men but was declared to be only 36 kilos.

The PNP-CIDG submitted an amended complaint before the DOJ to include Albayalde as one of the respondents.

Aside from Albayalde, subject of the reinvestigation of the DOJ are Police Maj. Rodney J. Baloyo IV, Senior Insp. Joven de Guzman Jr., Senior Police Officer 1 Jules Maniago, SPO1 Donald Roque, SPO1 Rondalo Santos, SPO1 Rommel Muñoz Vital, SPO1 Eligio Valeroso, PO3 Dindo Dizon, PO3 Gilbert de Vera, PO3 Encarnacion Guerrero Jr., PO2 Anthony Loleng Lacsamana and PO3 Dante Dizon.

The reopening of the case was an offshoot of the Senate investigation on the implementation of the good conduct time allowance (GCTA) for convicted felons which yielded information related to the 2013 illegal-drug trade by Albayalde’s men.

In its amended complaint, the PNP-CIDG included Albayalde’s name as among the respondents in the complaint for violation of 27 of Republic Act 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); and Section 3, paragraph (3) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.

While complaints for violating Section 29 (planting of evidence), Section 32 (violating any regulation issued by the board), Section 92 of Article 11 (delay and bungling in the prosecution of drug cases), and Article 211-A of the Revised Penal Code, or RPC, (qualified bribery) were filed against the 13 original respondents, excluding Albayalde.

For Baloyo alone, the PNPCIDG filed additional complaints of violation of Article 171 of the

Revised Penal Code (two counts of falsification by public officer).

For Albayalde alone, the CIDG filed a complaint of one count of violation of Article 171 of the RPC, violation of Article 208 of the RPC for his alleged refusal to institute prosecution for the punishment of violators of the law or for tolerating the commission of the said offenses, and violation of Section 3 (a) of RA 3019 for persuading or influencing another public officer to perform an act constituting violation of rules and regulations.

Police Officers de Guzman, Santos, Guerrero, on the other hand, were slapped with complaints of violation of Article 183 of the RPC (false testimony and perjury).

Also named respondents are Johnson Lee, an alleged largescale Korean drug trafficker who rented a house owned by Librado Santos located along Lot 21 and 22 Narra corner Waling Waling Streets, Woodbridge Subdivision, Lakeshore, Barangay Divisoria, Mexico, Pampanga, where the drugs were seized.

In their reply affidavit, the PNP-CIDG accused Albayalde of trying to downplay the “partial committee report” of the Senate Blue Ribbon Committee headed by Sen. Richard J. Gordon and instead supported as gospel truth the testimonies given by Baloyo and his police team.

“The Senate Blue Ribbon proceedings and the witnesses presented therein under oath are competent enough to establish probable cause against the respondents.”

“The overt acts of respondent Police General Albayalde, as then acting provincial director, Pampanga Police Provincial Office, was clear. He had direct control and supervision over the operation of respondent Supt. Baloyo and his team at Lakeshore, Mexico, Pampanga, as of 23 November 2013, until he was administratively relieved on 26 March 2014,” the CIDG said.

In his counteraffidavit, Albayalde denied all the offenses being attributed to him and even noted that the justice department had issued a resolution in 2014, which found did not give merit to the claim of supposed witnesses that there was misdeclaration of quantity of drugs and money seized by his men.

Albayalde also said he cannot be charged with violation of the antigraft law as he never intervened for the dismissal of the case and did not benefit monetarily from the said illegal-drug operations, contrary to the claims of Philippine Drug Enforcement Agency chief Aaron Aquino and retired PNP-CIDG Rudy Lacadin.

“Albayalde was fully informed about every detail that was happening during the raid, including, but not limited to, the marked money, prearranged signal, suspects’ arrest and confiscation of suspected shabu placed in one open luggage and one medium size box, the cash money amounting to P300,000 and the marked money amounting to P100,000,” the PNP-CIDG said.

“Despite knowledge of the irregularities in the said operations, he remained mum and even applauded respondents Supt. Baloyo and his team for a job well done,” the PNP-CIDG added.