FORMER police chief Oscar Albayalde yesterday insisted his lack of involvement in the controversial 2013 drug raid operation in Pampanga carried out by 13 “ninja cops” under his watch.
In his 17-page rejoinder-affidavit, Albayalde denied that he had direct control and supervision over the questioned sting operation conducted by the team led by Police Supt. Rodney Raymundo Baloyo IV.
“Complainant again attempts to implicate me, by mere association, and by merely jumping to the conclusion without any factual basis that I had ‘direct control and supervision over PSupt. Baloyo and his team’ and make me answer for the purported acts of other individuals, which is contrary to the fundamental principle 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,” Albayalde said.
He noted that even the Philippine National Police-Criminal Investigation and Detection Group (PNP-CIDG) contradicted itself because, in its reply-affidavit, it mentioned that it was Baloyo who had direct control and supervision over the anti-illegal drugs operation.
He likewise pointed to the finding of the Department of Interior and Local Government (DILG) and the National Police Commission (NAPOLCOM), that there was no substantial evidence to administratively charge him of any offense related to the 2013 operation.
Albayalde believes that the complaint filed against him was insufficient in form and substance that failed to satisfy the stringent requirements under the Constitution, the Rules of Court, and prevailing jurisprudence for the filing of a complaint.
To recall, the PNP-CIDG filed five criminal complaints against the former PNP chief for violating section 27 of 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); section 3, paragraph (3) of the Anti-Graft and Corrupt Practices Act (RA 3019); section 3 paragraph A of RA 3019; one count of violation of Article 171 of the RPC (falsification by public officer); and for violation of Article 208 of the RPC (prosecution of offense; negligence and tolerance).
The questionable anti-illegal drugs operation took place on November 23, 2013 and involved the 13 ninja cops namely Baloyo, Senior Inspector Joven de Guzman Jr., Senior Police Officer 1 Jules Maniago, SPO1 Donald Roque, SPO1 Ronald Santos, SPO1 Rommel Muñoz Vital, SPO1 Alcindor Tinio, SPO1 Eligio Valeroso, Police Officer 3 Dindo Dizon, PO3 Gilbert de Vera, PO3 Encarnacion Guerrero Jr., PO2 Anthony Lacsamana, and PO3 Dante Dizon.
During the said operation at the house being rented out by large-scale Korean drug trafficker Johnson Lee at Woodbridge Subdivision at Lakeshore, Mexico, the raiding team allegedly released Lee in exchange for 160 kilograms of shabu worth P648 million, P50 million, brand new sports utility vehicles (SUVs), and, in his place, presented Chinese national Ding Wengkun as the suspect.
The Department of Justice (DOJ) yesterday terminated its re-investigation into the case of Albayalde and the erring cops.
DOJ Senior Assistant State Prosecutor Alexander Suarez declared that the complaint filed by the PNP-CIDG was already “submitted for resolution.”
“We cannot give you a specific period when it will be resolved. But definitely, a resolution would be forthcoming as soon as possible,” said Suarez.