Año: No evidence found vs Albayalde

Former PNP chief Oscar Albayalde beat to the draw the DILG panel which looked into the administrative complaints against him.

It was not only a case of former Philippine National Police (PNP) chief Oscar Albayalde retiring before the administrative charges filed against him at the Department of the Interior and Local Government (DILG) could prosper.

The DILG, according to department head Secreatary Eduardo Año, also found the allegations against Albayalde made by former police generals Benjamin Magalong, Rudy Lacadin and Aaron Aquino were without basis as they were not backed by evidence.

The complaints were in connection with Albayalde’s alleged intercession on behalf of 13 Pampanga policemen under his command who were accused of declaring only 30 kilos of the supposedly 200 kilos of shabu they seized in 2014.

The 13 were branded as “ninja cops,” referring to rogue policemen who recycle or sell back on the streets drugs that had been confiscated and which should either be kept for safekeeping as evidence or destroyed with the termination of the cases.

“You need to look for evidence that would substantiate the claim. If anyone from the 13 spoke or evidence was found that would have been okay,” Año said in Filipino.

“If there’s none, that remains an allegation. We can’t use that as basis to file charges or dismiss Albayalde,” he added. “We are open to conduct reinvestigation if there’s new evidence,” Año said.

The 13 “ninja cops” are facing administrative complaints for dishonesty, grave misconduct and serious irregularity before the National Police Commission (Napolcom).

At most, Albayalde could have only been held liable for command responsibility as the police provincial director when the drugs were seized under his jurisdiction, said the DILG chief.

But Año explained that Albayalde had already resigned his post as head of the PNP when the DILG panel submitted its resolution to the Office of the President.

Also on Monday, Albayalde questioned the jurisdiction of the Department of Justice on the re-opening of the case against him, including possible criminal charges for violation of the anti-illegal drugs law.