The complaint stemmed from the 29 November 2013 anti-drugs operation conducted by 13 Pampanga PNP operatives who were then under Albayalde’s watch as provincial director.

HEADS are bowed as these cops who were linked to an anomalous 2013 drug raid in Pampanga get charged before the court. BOB DUNGO JR.

Embattled Gen. Oscar Albayalde, erstwhile chief of the Philippine National Police (PNP), was charged with violation of the Comprehensive Dangerous Drugs Act of 2002 on Monday before the Department of Justice (DoJ), along with the 13 “ninja cops” linked to the anomalous 2013 drug raid in Pampanga.

In an amended complaint before the DoJ, the PNP-Criminal Investigation and Detection Group (CIDG) listed him as number one respondent in the case.

Albayalde, who is reaching the mandatory retirement age of 56 this 8 November, welcomed the formal filing of the case against him.

“At least, I will be accorded due process now,” stressed Albayalde, who stepped down as chief PNP last week.

The complaint stemmed from the 29 November 2013 anti-drugs operation conducted by 13 Pampanga PNP operatives who were then under his watch as provincial director.

Albayalde and the 13 policemen were charged with violation of Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002 for misappropriation, misapplication or failure to account for the confiscated, seized and/or surrendered dangerous drugs; RA 3019 or the Anti-Graft Law (two counts), Article 171 of the Revised Penal Code for Falsification by public officer, employee or notary or ecclesiastic minister, and Dereliction of Duty.

CIDG legal counsel Lt. Col. Joseph Orsos said while there is “no strong single evidence” against Albayalde, the circumstances, however, “will show that he is probably liable.”

Testimonies made against the former PNP chief during the Senate inquiry were also made as basis for the charges, Orsos noted.

During the Senate inquiry presided over by Sen. Richard Gordon, chairman of the Committees on Justice and Human Rights and Blue Ribbon, Albayalde was pinned down by three former generals and his upperclassmen.

Baguio City Mayor Benjamin Magalong, former CIDG director, accused Albayalde of lying about the Pampanga drug raid while former Police Regional Office-3 chief Aaron Aquino and Rudy Lacadin claimed Albayalde lobbied for the non-implementation of the dismissal order against his 13 men.

Worse, Lacadin claimed during an open hearing that Albayalde admitted before him that he “only got little” from the anomalous raid.

Justice Secretary Menardo Guevarra, for his part, vowed “fair and thorough” investigation of the charges against Albayalde and his former men, led by Maj. Rodney Baloyo, who is now detained at the New Bilibid Prison after being cited for contempt by the Senate.

“The inclusion of General Albayalde in the amended complaint affidavit filed by the PNP-CIDG before the DoJ today is a reflection of its assessment that Albayalde may be held criminally liable for the acts or omissions alleged in the complaint,” Guevarra said.

PNP spokesman BGen. Bernard Banac, meanwhile, stressed anew that the 190,000-strong organization will let due process of the law take its course and is leaving it up to Albayalde and his co-accused to defend themselves in court.

“The PNP is letting the process of the law move on its own and for the wheels of justice to turn. We still view the accused as innocent unless proven otherwise in a court of law,” Banac said in an interview.

He further said that the police force is now on the mend and moving on from the controversy, jumping off from the recent major revamp in the leadership of key positions in response to the challenge earlier posed by President Rodrigo Duterte for the PNP to redeem itself.

The original complaint filed by the CIDG against the 13 policemen was dismissed by prosecutors in 2017 but Guevarra ordered a reinvestigation on the heels of the Senate probe that yielded alleged irregularities in the raid.

The 13 Pampanga cops were accused of underdeclaring the 200 kilograms of shabu seized during an operation against Lee at Woodridge Subdivision in Mexico town, where they also recovered an estimated P10 million in cash which they did not report.

Instead, Baloyo’s team declared only 36 kilos of shabu and set Lee free allegedly in exchange for P50 million. They presented a different Chinese national instead of Lee.

Meanwhile, PNP officer-in-charge Lt. Gen. Archie Francisco Gamboa yesterday announced all officials holding key positions will be put on a three-month probation, while promotions are also on hold.

The directive came following the major shakeup over the weekend that moved at least 20 generals and two colonels to new assignments.

“Beginning today, all key positions are under probation for three months. And all promotions will also be on hold,” Gamboa said in a press briefing following the PNP’s weekly flag raising ceremony in Camp Crame.

The order was approved by the National Police Commission and Department of the Interior and Local Government Secretary Eduardo Año.

Those placed under probation include the command group composed of heads of directorates and regional directors.

Presidential spokesman Salvador Panelo said any revamp will always be good for any organization.

Panelo said no less than the Chief Executive agreed with the revamp of PNP officials.

“He agreed with the revamp. That’s good for the PNP. Any revamp will always be good for an organization after a while because it’s hard if you stay in one position for so long. That’s only right,” he told reporters.

With Alvin Murcia, Elmer N. Manuel, Hananeel Bordey and Francis T. Wakefield