The Department of Justice (DOJ) on Monday concluded the preliminary investigation over the criminal complaints filed against retired Philippine National Police (PNP) General Oscar Albayalde and 13 so-called “ninja cops” over their alleged involvement in the questionable 2013 anti-illegal drugs operations in Pampanga.
“We conclude already the preliminary investigation of this case,” Senior Assistant State Prosecutor Alexander Suarez, who chairs the special panel of prosecutors handling the case, declared during the hearing held at the DOJ on Monday.
With this, the PNP-CIDG which filed the complaint expressed hope that the special panel of prosecutors which conducted the preliminary investigation finds probable cause and approves the indictment of Albayalde and his co-respondents.
“Umaasa na lang kami sa CIDG na sana mapagbigyan yung kasong finile namin (We at the CIDG hopes that the panel grants our complaint),” PNP-CIDG lawyer, Lt. Col. Dennis Wagas, told reporters.
For his part, Suarez assured that the panel which has been conducting the re-investigation of the case since October 16 will come out with the resolution as soon as possible.
“We cannot give you a specific period when it will be resolved but definitely a resolution would be forthcoming as soon as possible,” the prosecutor told reporters
During Monday’s hearing, the respondents filed their respective counter-affidavits to refute the allegations against them.
The case concerns the 2013 illegal drugs operations in Mexico, Pampanga where members of the Pampanga Anti-Illegal Drugs Special Operations Task Force led by Police Maj. Rodney Baloyo IV at that time seized around 200 kilograms of methamphethamine hydrochloride, locally known as shabu, P55 million in cash and a Toyota Fortuner.
However, after the operation, the 13 policemen failed to account the confiscated items including around 160 kilograms of the shabu and even failed to prosecute alleged foreign drug trader Johnson Lee who was believed freed in exchange for bribe. Police instead arrested foreigner Ding Wenkun.
At that time, Albayalde was the acting police provincial director of Pampanga.
In his rejoinder, Albayalde asked the panel to dismiss the complaint against him.
“These allegations do not point to any criminal act or omission. My being PNP Acting Provincial Director during the time of the alleged operation is not a crime in itself or an element thereof,” he stressed in his rejoinder.
“From the foregoing, it is clear, that contrary to the baseless claims of the Complainant, there is simply no probable cause to charge me for any offense, for which reason the present complaint against me should necessarily be dismissed,” Albayalde also told the panel.
In its complaint, the PNP-CIDG recommended that the panel finds probable cause to indict Albayalde in court for violating Articles 171 (falsification by public officer) and 208 (negligence and tolerance) of the Revised Penal Code (RPC); and Section 3(a) of Republic 3019 (the Anti-Graft and Corrupt Practices Act)..
The PNP-CIDG also recommended that Albayalde be indicted along with the 13 “ninja cops” with violation of Section 27 (failure to account for the seized drugs) of Article II of Republic Act 9165 (the Comprehensive Dangerous Drugs Act of 2002) and Section 3, paragraph (e) of RA 3019.
The 13 other respondents are Baloyo, Sr. Insp. Joven De Guzman Jr., SPO1 JUles Maniago, SPO1 Donald Roque, SPO1 Ronald Bayas Santos, SPO1 Rommel Vital, SPO1 Alcindor Tinio, SPO1 Dante Dizon, SPO1 Eligio Valeroso, PO3 Dindo Dizon, PO3 Gilbert De Vera, PO3 Romeo Guerrero Jr., and PO2 Anthony Lacsamana.
It was also recommended that Baloyo be indicted with two counts of violating Article 171 of the RPC.
The PNP-CIDG also sought that probable cause be found against De Guzman, Santos and Guerrero for violating Article 183 (false testimony and perjury) of the RPC. (Jeffrey G. Damicog)
