MANILA, Philippines — The Department of Justice (DOJ) has dismissed the criminal complaint filed by the Philippine National Police-Criminal Investigation and Detection Group (PNP-CIDG) against their former boss–now retired PNP chief Gen. Oscar Albayalde.
Albayalde was slapped with a complaint for violation of Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002 for misappropriation, misapplication or failure to account for the confiscated, seized and/or surrendered dangerous drugs.
He was also slapped with a complaint for falsification of public document, perjury and dereliction of duty.
However, the DOJ resolution only indicted Albayalde for violation of the Anti-Graft Law.
READ: BREAKING: DOJ indicts ex-PNP chief Albayalde for graft
In a resolution, the DOJ panel of prosecutors said the police have failed to provide enough evidence to show that Albayalde had a hand in the misappropriation of seized drugs in a 2013 raid.
“The Panel only found probable cause against P/Gen Albayalde for violation of the law against graft and corrupt practices act. It found that the acts attributed to Albayalde happened after the conduct of the anti-illegal drugs operations of the Baloyo group,” Justice Undersecretary and DOJ Spokesperson Markk Perete explained.
The case pertains to the 2013 drug sting in Pampanga that targeted drug lord Johnson Lee. The police involved seized 200 kilos of shabu but only declared 36 kilos. During that time, Albayalde was the province’s provincial director.
“One other pertinent discussion made in the resolution relate to the theory of command responsibility as basis for holding Albayalde criminally accountable for acts relating to the operation. But the Panel noted that no Philippine law provides for criminal liability under this doctrine,” Perete explained.
Perete said the dismissal against Albayalde for violation of the Comprehensive Dangerous Drugs Act is elevated on automatic review to the DOJ while the other cases are dismissed for lack of probable cause.
Aside from Albayalde, the panel of prosecutors also dismissed the complaint against Police Corporal Anthony Loleng Lacsamana.
“The complaints against PO2 Anthony Loleng Lacsamana were dismissed for insufficiency of evidence. The Panel concluded based on the evidence presented that Lacsamana did not participate in the operation,” Perete said.
READ: PNP-CIDG files criminal charges vs Albayalde