Ex-PNP 'Euro general' Dela Paz acquitted of charge of prolonging performance of duty

The Sandiganbayan acquitted former Philippine National Police (PNP) officials Eliseo dela Paz and Romeo Tapucar Ricardo of the charge of prolonging performance of duty in relation to the alleged Euro generals issue in 2008.

Dela Paz, the former PNP comptroller, and Ricardo, former director of the PNP Directorate for Plans, were acquitted of the charge of violating Article 237 of the Revised Penal Code.

Article 237 calls for the penalty of prisión correccional in its minimum period, special temporary disqualification in its minimum period and a fine not exceeding 500 pesos for any public officer found to be continuing to exercise the duties and powers of his office, employment or commission, beyond the period provided by law, regulations or special provisions applicable to the case. 

The court said the prosecution failed to prove the accused's guilt beyond reasonable doubt.

The Sandiganbayan also ordered the release of the cash bonds posted by Dela Paz and Ricardo.

It also lifted the hold departure order issued against the accused.

The complaint alleged that Dela Paz "willfully, unlawfully and feloniously" continued to perform the duties and powers of his office in attending the four-day 77th INTERPOL General Assembly from October 7-11, 2008.

It also alleged that Dela Paz committed the offense in conspiracy with Ricardo, who recommended to the PNP chief at that time, Avelino Razon,  that Dela Paz be included in the PNP delegation to the said assembly.

Dela Paz's travel was approved by Razon and the Interior Secretary at that time, Ronaldo Puno.

However, Dela Paz reached the PNP compulsory retirement age of 56 on October 9, 2008.

Dela Paz posted bail in July 2011 while Ricardo posted bail in January 2014.

They both pled not guilty during their arraignment conducted separately, in August 2017 for Dela Paz, and January 2019 for Ricardo.

In its decision, the Sandiganbayan said the evidence of conspiracy presented by the prosecution only established that Ricardo recommended that Dela Paz be included in the PNP delegation to the INTERPOL General Assembly and that Dela Paz actually traveled thereto.

"Nothing more. Such evidence falls short of the required quantum of proof for criminal liability. It does not prove that the accused came into agreement to commit the crime charged and thereafter decided to commit it," the court said.

The Sandiganbayan also said the evidence did not show that Dela Paz "played an active part in having himself included in the Philippine delegation, or much less talked to accused Ricardo about it."

"Neither was there any proof that either accused unduly influenced the approving authorities to include accused Dela Paz as one of the participants in the conference, or acted in concert to do so. In fact, there is no evidence that accused Dela Paz even applied for a slot in the delegation," it added.

"Both accused may have erred or disregarded certain policies or guidelines of the PNP for which they could have been administratively dealt with. Their acts, however, do not make them criminally liable," the Sandiganbayan said.

Dela Paz and eight other police generals were on their way back to the Philippines after attending the said INTERPOL General Assembly in Russia when the former PNP comptroller was found by authorities in a Moscow airport to be carrying 105,000 euros or an estimated P7 million. —KG, GMA News