DOJ junks crime raps vs. NAIA staff, cops over ‘laglag bala’ racket

The Department of Justice has dismissed criminal complaints against airport employees, including four aviation police officers, in connection with the alleged "laglag-bala" extortion scheme at the Ninoy Aquino International Airport.

In a resolution penned by Associate Prosecution Attorney Honey Rose Delgado, the DOJ found no probable cause to charge Office of Transportation Security employees Maria Elma Cena and Marvin Garcia, and Chief Inspector Adriano Junio, SPO2 Rolando Clarin, SPO4 Ramon Bernardo, and SPO2 Romy Navarro, all of the Philippine National Police Aviation Security Group.

Cena and Garcia were accused by complainants Eloisa Zoleta and her son, American missionary Lane Michael White, of planting evidence in violation of the Comprehensive Firearms and Ammunition Regulation Act.

The police officers, meanwhile, were accused of robbery/extortion, graft and violation of the law on the rights of detained persons.

White was apprehended for allegedly carrying a bullet at the airport and was charged in court. His mother alleged that police officers tried to extort P30,000 to P80,000 from them.

In resolving the case, the DOJ said: "We believe complainant White that the .22 cal ammunition found inside his luggage is not his... However, we cannot say with certainty that it was respondents Cena and Garcia who inserted or placed the ammunition inside complainant's luggage."

The DOJ said there is a "remote possibility" that the ammunition was planted in his luggage between the time they had an overnight stay at the Executive Plaza Hotel after their flight had been delayed. During such time, White's luggage was left with the valet.

The DOJ observed that based on CCTV footage and video evidence, respondents Cena and Garcia committed some irregularities in the standard operating procedure (SOP). However, "there was no showing of any direct or covert act of placing, inserting, or attaching the .22 caliber ammunition inside the luggage.

The DOJ added that there was no intimation that Cena and Garcia wanted to solicit money from the complainants as they immediately turned over White to SPO2 Rolando Clarin, another respondent accused of robbery/extortion.

The DOJ said there was also no sufficient proof to establish a case against Clarin, and fellow respondents CInsp. Adriano Junio, SPO4 Romy Navarro, anf SPO4 Ramon Bernando.

The DOJ agreed with Clarin that he had no intention to extort money from White as he merely showed a copy of Republic Act 8249, specifically the provision showing the fine of P30,000. The police officer said he showed a copy of the law to White because he (Clarin) could not express himself in English.

As to Junio's utterance about P30,000 and P80,000, the DOJ said he could have been referring to the fine set under RA 8294 and the recommended bail for illegal possession of ammunition which he relayed to Zoleta.

The DOJ also said it doubted if Bernardo's statement, "Kawawa naman yung bata masisira ang buhay niyan, kung ako sayo ma'am tulungan niyo na," was enough to say there was demand for money.

"Moreover, the fact that respondent SPO4 Bernardo allegedly introduced himself as SPO2 Navarro does not constitute a crime nor does it strengthen the complaint against him for robbery/extortion," read the DOJ resolution.

The DOJ also said the police officers did not violate RA 3019 or the Anti-Graft and Corrupt Practices Act, because under the law corrupt practices involve directly or indirectly requesting or receiving money in connection with any contract or transaction between the government and another party.

"It is obvious that the investigation/arrest/detention conducted or performed by the respondents was not a contract. Neither was it a transaction because this term must be construed as analogous to the term which precedes it," said the DOJ.

The resolution was approved by Senior Deputy State Prosecutor Theodore Villanueva and Prosecutor General Claro Arellano. — RSJ, GMA News