Gordon: Albayalde 'very liable' for graft over 2013 Pampanga drug op

Resigned Philippine National Police chief Police General Oscar Albayalde is "very liable" for graft in connection with the irregularities in the November 2013 police anti-drug operation in Pampanga, Senator Richard Gordon said Friday, citing results of a Senate investigation that he led.

"He is liable for anti-graft and that would be up to Ombudsman or DOJ (Department of Justice)… by reason of his seniority, his moral superiority, his competence," Gordon said in presenting the preliminary report of the blue ribbon and justice committees which he chairs.

"Hindi naman siya aabot ng general kung wala siyang alam," Gordon added. "I think he is very liable."

He said Albayalde could be charged with Section 3 (a) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act for calling Philippine Drug Enforcement Agency director general Aaron Aquino, who was then Region 3 police director, and former Criminal Investigation and Detection Group deputy chief Rudy Lacadin, regarding the fate of the policemen involved in the operation.

He said Albayalde, who was director of the Pampanga Police Provincial Office at the time of the operation, tried to persuade the two officials, “constituting a violation of rules and regulations.”

GMA News Online has already reached out to Attorney Estelito Mendoza, Albayalde’s lawyer, for comment but has yet to reply as of posting time.

For his part, PNP spokesman Police Brigadier General Bernard Banac said it is already up to the legal counsel of Albayalde to speak about the next step of the former PNP chief.

“Ipinapaubaya na ng Philippine National Police sa abogado ni Police General Oscar Albayalde ang magiging pahayag nila sa kanilang susunod na hakbang,” Banac said in a phone interview. “Ito naman ay proseso na legal at sasagutin naman ng counsel ni General Albayalde.” 

Senate hearing

During the hearing, Aquino said Albayalde asked him not to implement the dismissal order while Lacadin said the former PNP chief called him to inquire about the investigation he was conducting on the buy-bust operation and told him that “konti lang ang napunta sa akin dyan.”

Gordon also said Albayalde should have checked on his men while the raid was being executed, checked on the suspects arrested as well as the address and the owner of the house raided, and demanded a detailed report more than the pro-forma one.

"He believed solely on [Police Major Rodney] Baloyo IV’s report alone," he said.

Gordon said Albayalde could also be charged with Section 27 of Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2001 because of the acts of his men although he admits that he has no evidence yet directly linking the police official to the drug operation.

He also faulted Albayalde for protecting the Pampanga cops involved in the buy-bust.

“Si Albayalde may pinoproteksyunan? Definitely! Kung talagang walang kasalanan ‘yung mga tao niya dapat lang talagang proteksyunan niya but he ignored the whole process until naging star general siya,” he said.

He said aside from calling his fellow officials to defer the implementation of the dismissal order,  which was later downgraded to demotion, Albayalde also allowed those involved to occupy other posts.

He said Baloyo became the deputy police chief of Tagaytay while Senior Inspector Joven De Guzman, Senior Police Officer 1 Donald Roque, Senior Police Officer 1 Rommel Vital, Police Officer 3 Encarnacion Guerrero Jr. were assigned to Antipolo police and got involved in another botched buy-bust operation.

“Malakas ang loob ng tao niya. Inilipat pa sa Tagaytay, Antipolo. ‘Yung nilagay mo sa Antipolo sumabog lalo,” he said.

Buy-bust ops

The police officers conducted a buy-bust operation on November 29, 2013 in Woodbridge Subdivision, Lakeshore View, Pampanga. The police report showed that the operation was conducted 4 p.m. but an investigation by the CIDG found out that it was actually done 10 in the morning.

Aside from Baloyo, De Guzman, Roque, Vital, and Guerrero,  others allegedly involved in the 2013 controversial buy-bust operation were:

• Senior Police Officer 1 Jules Maniago;
• Senior Police Officer 1 Ronald Santos;
• Senor Police Officer 1 Alcindor Tinio;
• Senior Police Officer 1 Eligio Valeroso;
• Police Officer 3 Dindo Dizon;
• Police Officer 3 Gilbert De Vera;
• Police Officer 3 Dante Dizon; and
• Police Officer 2 Anthony Lacsamana

The 13 were members of the Provincial Anti-Illegal Drugs Special Operation Task Force of the Pampanga Provincial Police Office.

The police officers reported they only seized 36 kilograms of shabu but CIDG investigation found out that some 200 kilograms of shabu were actually confiscated.

They also presented in a press conference a certain Ding Wenkun and identified him as the alleged owner of the place and the confiscated shabu. Charges against Ding Wenkun, however, were later dismissed.

Johnson Lee, the owner of the place, was able to escape the buy-bust operation and sought help from barangay officials. However, the barangay officials got suspicious when Lee offered them money to let him go. The barangay officials then called the police in Mexico, Pampanga, who turned over Lee to Baloyo.

Baguio City Mayor Benjamin Magalong, who was then CIDG chief, testified during the Senate hearings that they found out that Lee paid P50 million for his freedom. The police could not say Lee's current whereabouts. It was Magalong who conducted the investigation on the operation upon orders by then-PNP chief Allan Purisima.

13 Pampanga cops

Gordon said the 13 Pampanga cops should be charged with violation of Sections 27 and 29 of RA 9165, robbery, unlawful arrest, and Article 32 of the Civil Code.

Aside from the filing of charges, Gordon also recommended the following legislative proposals:

• strengthen the Internal Affairs Service (IAS) by making it a truly independent institution and not within the PNP;
• amend the Dangerous Drugs Act of 2012 by including persons of good repute such as retired judges, lawyers, teachers to monitor if the procedures on chain of custody and buy-bust operation were followed;
• suspend or dismiss rogue policemen, not merely reassign them to other posts;
• shorten the review of administrative cases filed against rogue policemen;
• create a mandatory training program on values, character formation, and leadership for all policemen in order to professionalize the police force in all levels; and
• police officers should have a four-year college course not taken with the Philippine National Police Academy. PNPA should focus  on specific after collegiate training (boot camp, 27 weeks)

The Blue Ribbon committee chairman said Senate President Vicente Sotto III, Majority Leader Juan Miguel Zubiri, and Senator Panfilo Lacson are just some of the senators who expressed readiness to sign the committee report.— with Anna Felicia Bajo/KBK/RSJ, GMA News