PNP: Administrative relief of Hernia, Cariaga ‘not a form punishment’

The Philippine National Police (PNP) stressed that the administrative relief orders against its two high-ranking officials over allegations of extortion of foreign nationals arrested in a raided Philippine Offshore Gaming Operators (POGO) hub in Ermita, Manila last week are “not a form of punishment.”

At a press conference at Camp Crame on Thursday, PNP spokesperson BGen. Jean Fajardo explained that the administrative relief of National Capital Region Police Officer (NCRPO) Director MGen. Sidney Hernia and Anti-Criminal Group (ACG) chief MGen. Ronnie Francis Manuel Cariaga, effective 7 November for 10 days, was enacted to facilitate an impartial investigation.

“When a PNP personnel undergoes an investigation or there is a pending case against them, there are two options available to a commander. One: is putting those PNP personnel under investigation, under restrictive custody, or putting them under administrative relief,” Fajardo said. 

“This is what happened to Major General Hernia and Major General Carriaga. They were administratively relieved for 10 days to give way to an investigation conducted by a committee created for this purpose,” she added. 

The deputies of Hernia and Cariaga, PBGen. Reynaldo Tamondong and PCol. Vina Guzman, will serve as temporary heads of their respective units in the PNP. 

To recall, the NCRPO and ACG conducted joint operations at an alleged scam hub inside the Century Peak Tower in Manila, on 29 October.

“However, during the conduct of the operation, there were some issues raised by the subject of the cyber warrant, and this is precisely the reason—in the interest of transparency—that the PNP leadership was entitled to administratively relieve the RD (regional director) of NCRPO and Director of ACG to give way to an investigation,” Fajardo said. 

Acting Deputy Chief PNP for Operation LtGen. Michael John Dubria will lead the investigation, particularly focusing on the alleged tampering of a closed-circuit television (CCTV) camera within the building during a post-raid investigation on 31 October. 

“Let me reiterate, though, that this administrative relief of the two senior officers is not a form of punishment, and this is clear from the existing policies of the PNP,” Fajardo said.

“We are just doing this administrative relief to give way to an investigation to clarify the issues that cropped up during the police operation,” she added. 

Fajardo also stressed that the PNP stands firm that “there’s nothing wrong” with recent police operations, which were conducted under a Cyber Warrant duly issued by the Manila Regional Trial Court.

“The police operation was conducted under the premise of an implementation of a Cyber Warrant duly issued by RTC (Regional Trial Court) Manila,” she noted. 

Fajardo said Cariaga informed her that three officers moved and covered the CCTV in a hallway to prevent them from being seen while walking shirtless due to the extreme heat inside the building.

The building's elevator and air conditioning systems, she said, were intentionally turned off, forcing the raiding team to walk all the way to the 23rd floor, where the purported POGO hub is located.

“Immediately after the service of the warrant—the following day—the electricity was turned off, the air conditioner was turned off, and the elevator was turned off,” she said.

"If you noticed in one of the videos, there was a naked police officer there—it was that hot because the whole 23rd floor was in a closed area and there was no ventilation coming out, particularly in the hallway. That is the reason why the police are saying that they moved the focus of the CCTV camera,” she added.

Fajardo noted that the alleged tampered footages are dated 31 October and 1 November, days after the police officers had finished the bag-and-tag process for the seized evidence. 

“The reason why we continue the presence of the PNP personnel there is to make sure that the evidence that was seized during the investigation is not altered and will not be lost. That is why only yesterday, the PNP personnel had a complete withdrawal because the crime scene was already processed,” she explained. 

Fajardo said the purpose of the inquiry by the PNP committee is to determine “if there were any operational protocols that were violated or that were not followed during the operation.”

“But the operation itself, it is a legitimate operation, covered by a valid search warrant. So, we will just look at the inquiry and investigation that will be conducted by the TDCO if there was negligence in terms of supervision over the PNP personnel who conducted the operation. Why were our policemen naked?,” she remarked.

Fajardo added the PNP will also look into possible “failure or at least negligence of supervision” on the part of the two highest commanders of the NCRPO and ACG.

“However, upon the lapse of 10 days, if it can be proven that there was no negligence in terms of supervision, making sure that all police operational procedures were followed to the letter, then these two senior officers may be returned to their former positions and assignments,” Fajardo further explained. 

Hernia and Cariaga were still assigned to their respective units pending the results of the investigation, she added.

Fajardo emphasized the PNP will not submit to any pressure, the very reason why Hernia and Cariaga, were administratively relieved from the posts for 10 days.

“But like I said, this is not a punishment and we are not saying that there were mistakes along the way, but we will have to check whether there are certain police operational procedures and protocols that were not observed that would pave the way for the possible filing of administrative cases against those personnel responsible for this alleged violation of police protocol,” she said.

Fajardo said there three police personnel who were relieved from ACG, particularly those who were seen in the CCTV footage altering the focus of the CCTV cameras.