FORMER Philippine National Police (PNP) Chief Gen. Oscar Albayalde on Wednesday asked the Department of Justice (DOJ) to immediately dismiss the illegal drug, violation of the anti-graft law and other criminal offenses lodged against him for his alleged involvement in the seizure of P648 million worth of illegal drugs by his men tagged as “ninja cops.”
In his 35-page counter-affidavit to the complaint filed by the PNP-Criminal Investigation and Detection Group (CIDG), Albayalde said the amended complaint should be dismissed outright for being “baseless” and for violating his right to due process.
Albayalde also questioned the DOJ’s jurisdiction to reopen the case, saying that the offenses being lodged against are cognizable by the anti-graft court, the Sandiganbayan.
Thus, pursuant to Republic Act, 6770, or the Ombudsman Act and the memorandum of agreement between the DOJ and the Ombudsman, it is the latter who has jurisdiction to conduct preliminary investigation over complaints cognizable by the Sandiganbayan.
Furthermore, Albayalde also questioned the filing of an amended complaint against him and his men considering the prior dismissal by the justice department of the same complaint filed by the PNP-CIDG on May 12, 2014.
“As such, complainant cannot amend a complaint which is no longer subject of a preliminary investigation, nor reopen an investigation which is already resolved and dismissed with finality,” Albayalde said.
Albayalde was forced to step down from his post as PNP chief after a Senate Blue Ribbon Committee probe linked him in the controversial 2013 anti-illegal drug raid in Pampanga that resulted in the seizure of some 200 kilos of shabu by his men but was declared only 36 kilos.
Policemen involved in recycling of seized illegal drugs have been branded as ninja cops.
Aside from Albayalde, the subjects of the reinvestigation of the DOJ are Police Maj. Rodney J. Baloyo IV, Senior Inspector Joven de Guzman Jr., Senior Police Officer 1 Jules Maniago, SPO1 Donald Roque, SPO1 Ronald Santos, 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.
The reopening of the case was an offshoot of the Senate investigation on the implementation of the good conduct time allowance (GCTA) for convicted felons which yielded information related to the 2013 illegal-drug trade by Albayalde’s men.
In its amended complaint, the PNP-CIDG included Albayalde’s name as among the respondents in the complaint for violation of 27 of RA 9165, or the Comprehensive Dangerous Drugs Act of 2002 (criminal liability of a public officer or employee for misappropriation, misapplication or failure to account for the confiscated or surrendered dangerous drugs); and Section 3, paragraph (3) of RA 3019, or the Anti-Graft and Corrupt Practices Act.
While complaints for violating Section 29 (planting of evidence); Section 32 (violating any regulation issued by the board); Section 92 of Article 11 (delay and bungling in the prosecution of drug cases); and Article 211-A of the Revised Penal Code (qualified bribery) were filed against the 13 original respondents, it excludes Albayalde.
Image credits: PNA file photo