Albayalde asks DOJ to junk case related to ‘ninja cops’ raid
LIVE: Continuation of DOJ probe vs. ex- PNP Chief Albayalde et. al
Posted by INQUIRER.net on Monday, November 4, 2019
MANILA, Philippines — Former Philippine National Police (PNP) chief Gen. Oscar Albayalde asked the Department of Justice (DOJ) to dismiss the criminal complaint filed against him by the PNP Criminal Investigation and Detection Group (CIDG ) for his alleged ties with the so-called ninja cops that figured in a controversial 2013 drug raid in Pampanga.
Albayalde personally appeared before the panel of prosecutors from the Department of Justice and affirmed his 35-page counter-affidavit.
He is facing a complaint for violation of the Comprehensive Dangerous Drugs Act of 2002 (Republic Act No. 9165) for misappropriation, misapplication or failure to account for the confiscated, seized and/or surrendered dangerous drugs.
Albayalde is also accused of violating the Anti-Graft Law, Article 171 of the Revised Penal Code for falsification by a public officer, employee or notary or ecclesiastic minister and dereliction of duty.
READ: PNP-CIDG files criminal charges vs Albayalde
Albayalde said the filing of the amended complaint was “irregular and unfair” since it merely adopted the allegations filed in 2014 which the DOH had already dismissed.
“I was never charged in the previously dismissed complaint-affidavit. My name was never ever mentioned — not even once — in the previously dismissed complaint-affidavit. How then can I respond to something that does not mention my name, much less impute any act or omission against me?” Albayalde said.
He said his name was only dragged in the complaint because of a Senate inquiry which, in the first place, should not have been given credence because the witnesses who testified during the hearings were already rejected by the DOJ in its 2014 resolution.
On allegations that he admitted getting “a little” of the drug loot, Albayalde asked why would retired Brig. Gen. Rudy Lacadin only mention it now after six years since it allegedly happened.
“Being the officer and gentleman that he is, General Lacadin should have then and there charged me for admitting to a crime,” he said.
He also pointed out that the claim of now Philippine Drug Enforcement Agency (PDEA) chief Aaron Aquino, who first said that Albayalde called to ask for the status of the administrative case against Police Maj. Rodney Baloyo and his team, then changed his claim, saying that Albayalde called asking not to implement a dismissal order.
“A witness who contradicts himself is obviously not worth believing,” Albayalde said.
“Why would these honorable individuals wait six long years to come out with this story, when they were exactly in a position to punish or at least charge me with an offense at the precise time I supposedly tried to influence them,” he added.
Albayalde also explained that he could not be accused of violating Article 208 of the Revised Penal Code (RPC) on the prosecution of offenses; negligence and tolerance because the complainant failed to establish any positive duty on his part to file and prosecute cases against Baloyo and his team.
It was the CIDG and the Central Luzon Police Regional Office (PRO 3) that were tasked by the PNP chief during that time to conduct a validation or investigation of the 2013 Pampanga operation.
In fact, he was even administratively relieved as provincial director of Pampanga and was reassigned to Regional Personnel Holding and Accounting Unit (RPHAU) on floating status on March 26, 2014, to precisely pave way for an impartial investigation.
Aside from Albayalde, the 13 police officer tagged as “ninja cops” also filed their counter-affidavits, except for Senior Police Officer 1 Ronald Santos who never appeared in any of the DOJ hearings.
Those who filed their counter-affidavits were Supt. Rodney Baloyo IV, Senior Insp. Joven de Guzman Jr., SPO1 Jules Maniago, SPO1 Donald Roque, SPO1 Rommel Muñoz Vital, SPO1 Alcindor Tinio, SPO1 Dante Dizon, SPO1 Eligio Valeroso, PO3 Dindo Dizon, PO3 Gilbert de Vera, PO3 Romeo Guerrero Jr., and PO2 Anthony Lacsamana.
The next preliminary investigation is set for Nov. 11.
/atm
