MANILA, Philippines — Former police chief Oscar Albayalde on Monday said the Philippine National Police-Criminal Investigation and Detection Group (PNP-CIDG) implicated him in the case against the 13 Pampanga “ninja cops” by “mere association.”
Albayalde, who was then acting Pampanga provincial police director, was accused of protecting his men implicated in the controversial 2013 anti-drug sting and for intervening to downgrade their sanctions from dismissal from the police service to just rank demotions.
The 13 cops, led by Police Major Rodney Baloyo IV, were accused of benefiting from the 2013 drug sting against a certain Johnson Lee, wherein the police team allegedly seized some 200 kilograms of shabu but only declared 36 kilograms as evidence.
They were also allegedly paid to make it appear that the Chinese drug lord had managed to escape arrest.
But Albayalde, in his rejoinder-affidavit filed Monday before the Department of Justice (DOJ), insisted that his position at the time of the operation “is not a crime in itself or an element thereof.”
He also argued that the allegation that Baloyo, as Provincial Intelligence Branch/Provincial Anti-Illegal Drugs Operations Task Group, was his “eyes and ears,” or is obliged under the chain of command to “always inform” him, “is not an allegation of fact but a conclusion of law, made to implicate me by mere association and to make me answer for the purported acts of another.”
“However, it is fundamental that criminal responsibility is personal and that in the absence of conspiracy, one cannot be held criminally liable for the act or default of another,” he added.
Albayalde 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.
He 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.
The DOJ has already submitted for resolution the complaint of the PNP-CIDG against Albayalde and the 13 policemen.
Other respondents in the complaint who submitted their rejoinders on Monday were Senior Inspector Joven de Guzman Jr., Senior Police Officer 1 Jules Maniago, SPO1 Donald Roque, SPO1 Rommel Muñoz Vital, SPO1 Eligio Valeroso, Police Officer 3 Dindo Dizon, PO3 Gilbert de Vera, PO3 Encarnacion Guerrero Jr., PO2 Anthony Loleng Lacsamana, and PO3 Dante Dizon.