Chief, ninjas face graft

Panel has concluded that Albayalde should be held criminally liable.

Senate Blue Ribbon Commitee chairman Richard Gordon releases the “game-changing” report on the shabu recycling probe. AL PADILLA

Criminal charges were recommended against resigned Philippine National Police (PNP) chief Oscar Albayalde and the 13 policemen who were accused of recycling drugs after an irregular drug operation in Mexico, Pampanga in 2013, based on the findings of the Senate probe on the so-called “ninja cops” scandal.

Considering Albayalde as the “biggest fish ever,” Senate Blue Ribbon Committee chairman Sen. Richard Gordon said he and his subordinates violated Section 27 of Republic Act (RA) 9165 or the Comprehensive Dangerous Drugs Act of 2002.

Under the law, Albayalde and the 13 PNP personnel may face life imprisonment, a fine ranging from P500,000 to P10 million and perpetual disqualification from holding public office.

The provisions of RA 9165 can be applied to any public officer or employee who misappropriates, misapplies or fails to account for confiscated, seized or surrendered dangerous drugs, including the proceeds or properties obtained from the unlawful acts.

Gordon’s panel has concluded that Albayalde should be held criminally liable after retired Gen. Rudy Lacadin’s revelation that the former PNP head told him, “Kaunti lang naman napunta sa akin diyan (I only got a little from that),” in a phone call.

The report maintained that the resigned PNP chief “profited from the sale of shabu made by (Major Rodney) Baloyo and his men.”

Baloyo, who led the team in the suspect drug operation, and the 12 other policemen will be charged with the same criminal complaints due to their failure to properly account for the seized contrabands.

“When you misappropriate the drugs (that you confiscated) and you sell it, that’s life imprisonment. When you failed to account confiscated drugs, that’s punished under this law,” Gordon said, while presenting the recommendations to media.

Violation of RA 2019 or the Anti-Graft and Corrupt Practices Act was also recommended by the Blue Ribbon Committee against Albayalde for calling Lacadin and former Central Luzon and now Philippine Drug Enforcement Agency chief Aaron Aquino.

During the previous hearing, Aquino, who was forced by former retired Gen. Benjamin Magalong, disclosed that Albayalde called him to stop the implementation of the dismissal order against the 13 erring cops as they were his “bata (men).”

The panel said Albayalde’s call to Aquino and Lacadin is a violation of Section 3 (a) of the Anti-Graft Law.

RA 2019’s Section 3 (a) stated that persuading, inducing or influencing another public official to perform an act constituting a violation of rules and regulations duly promulgated by the competent authority will be considered a violation of the law.

Meanwhile, the panel found the former PNP chief may have caused undue injury to the state for being negligent on the “palit-ulo” scheme where alleged drug trafficker Johnson Lee was released by Albayalde’s subordinates after a switching that had another foreign national, Ding Wenkun, arrested in exchange for P50 million.

The panel also recommended a violation of Article 208 of the Revised Penal Code (RPC) or prosecution of offenses, negligence and tolerance against Albayalde for calling Lacadin and Aquino with regards to the dismissal order handed to his men by former Central Luzon police chief Raul Petrasanta.

Albayalde may also face prision correccional and suspension due to the complaints he faces.

Moreover, the panel said Baloyo and 12 alleged “ninja cops” may also be charged with breach of section 29 of the Comprehensive Dangerous Drugs Act or criminal liability for planting evidence that has a maximum penalty of life imprisonment.

Aside from drug charges, the lawmakers also recommended robbery and unlawful arrest charges against the erring cops.

They might be also held civilly liable for allegedly violating Civil Code Article 32, which stated that any public officer or employee who directly or indirectly obstructs, defeats, violates or in any manner impedes the rights and liberties of another person must be held liable for damages.

In this case, the panel said the policemen were liable for illegal detention, violation of the right against deprivation of property without due process of law and violation of the right to be secure in one’s person, house, papers, and effects against unreasonable searches and seizures.

Gordon, however, stressed that the Senate panel can only recommend sanctions, but it is the Secretary of the Department of Justice and the Office of the Ombudsman which have the authority to file these cases against the accused individuals.

“I outlined it, because the job of the prosecutor from the Justice (department) is to study it again, and see whether this evidence — and I’m pretty confident — if the appreciation will be according to the way we studied it, he can file the case,” Gordon said.

Even though the report was not officially signed yet by the majority, the senator explained that the report has been approved and supported by Senate President Vicente Sotto III, Senate Minority Leader Franklin Drilon and the members of the majority and minority blocs.

He also clarified that he holds no personal grudge against Albayalde, explaining that this is a “game-changing day” as they need to “unmask” and make the “monumental cover-up” that happened in the PNP open to the public.