The drug case slapped against PLt.Gen. Benjamin Santos Jr. in connection with the “staged” P6.7 billion drug bust was junked by the Manila Regional Trial Court (RTC) yesterday for lack of probable cause to directly implicate him to prove he violated the Comprehensive Drugs Act of 2002.
Santos Jr. was one of the two generals among the 30 policemen accused of taking part in an alleged “grand conspiracy to cover up a criminal enterprise” within the Philippine National Police (PNP) by mishandling an operation involving PMSgt Rodolfo Mayo in Tondo, Manila in October 2022.
Last Monday, 13 January, they were charged for violating the Republic Act 9165 after they failed to report and document the drug bust operation where Mayo was seized.
The Wealth and Personal Development (WPD) Lending Office in Tondo also became controversial after a CCTV footage showed a number of policemen coming out of it with luggage containing several kilos of shabu.
It also showed the arrival of some high-ranking officials, including Santos and PBGen. Narciso Domingo.
But Judge Danilo Leyve of Manila RTC Branch 17, said that while Santos’ presence at WPD office was confirmed at the footage, it does not “clearly and positively demonstrate that he participated, directed, authorized, or consented to the conduct of purported bogus hot pursuit operation against accused PMSG Rolando B Mayo.”
The court found no legal basis since jurisprudence dictates that mere presence at the scene of the crime does not in itself amount to conspiracy due to the absence of records, witness, or testimony.
Earlier, Branch 175 of the Manila RTC issued a warrant of arrest without bail against Narciso, PCol. Julian T. Olonan, PCol. Dhefry A. Punzalan, PLt. Jonathan G. Sosongco, PMSG Carlos C. Bayeta, Pat. Hustin Peter A. Gular, Pat. Rommer I. Bugarin, Pat. Hassan O. Kalaw, Pat. Dennis L. Carolino, PCpl. Joshua Ivan Baltazar, Pat. Nathaniel Gomez, PLt. Ashrap T. Amerol, PSMS Jerrywin H. Rebosora, PSMS Marian E. Mananghaya, PSMG Lorenzo S. Catarata, PSSG Arnold D. Tibay, PCol. Arnulfo G. Ibañez, PLtCol. Glenn C. Gonzalez, PMaj. Michael Angelo C. Salmingo, PLt. Randolph A., Pat. Mario M. Atchuela, Pat. Windel C. De Ramos, Plt. Silverio P. Bulleser II, PCMS Emmanuele E. Docena, PMSG Alejandro F. Flores, PCpl. Jhan Roland L. Gelacio, Pat. James G. Osalvo, Pat. Darius R. Camacho and Pmsg. Rodolfo B. Mayo.