Nine 'Euro Generals' face criminal raps for Russia caper

The Office of the Ombudsman has ordered the filing of criminal charges against nine ranking police officials linked to the questionable disbursement of Philippine National Police (PNP) funds during a working visit to Russia in 2008. In an 86-page resolution signed by Ombudsman Conchita Carpio Morales on March 26, 2013, ordered charged before the Sandiganbayan were:

• Director Gen. Eliseo dela Paz (retired)
• Deputy Director General Emmanuel Carta,
• Deputy Director General Ismael Rafanan,
• Director Romeo Ricardo,
• Director German Doria,
• Director Jaime Caringal,
• Chief Superintendent Orlando Pestaño,
• Senior Superintendent Tomas Rentoy III, and
• Senior Superintendent Samuel Rodriguez.

In a statement, the Ombudsman said Rentoy, Pestaño, and Rodriguez were ordered charged with three counts of violation of Art. 220 of the Revised Penal Code (Technical Malversation), three counts of violation of Sec. 3(e), and one count of violation of  Sec. 3 (a) of Republic Act (RA) No. 3019 (Anti-Graft and Corrupt Practices Act); Dela Paz, meanwhile, was ordered indicted for three counts of violation of Art. 220 of the RPC, four counts of Violation of Sec. 3(e), and one count of Sec. 3 (a) of RA 3019; while Carta, Rafanan, Doria, Caringal were ordered charged with violation of Sec. 3(e) of RA 3019. Ricardo, on the other hand, was ordered charged with violation of two counts of Sec. 3(e) of RA 3019. He was also ordered to be included as additional accused in the case filed in 2011 against Dela Paz before the Sandiganbayan, for violation of Art. 237 of the RPC (Prolonging the Performance of Duties and Powers). The Ombudsman, meanwhile, dismissed for lack of probable cause the charges against the following:

• former Interior and Local Government Secretary Ronaldo Puno,
• Director General Avelino Razon Jr. (retired),
• Chief Superintendent Joel Ma. Alvarez,
• Deputy Director General Edgardo Acuña (retired),
• Superintendent Elmer Pelobello,
• Director Silverio Alarcio, Jr. (retired),
• Evita Caringal (private respondent), and
• Cynthia Versoza (private respondent)

Probable cause Morales gave the order after an investigation showed that there is probable cause arising from the release, disbursement and use of P10 million of intelligence/confidential funds of the PNP as travel expenses of the PNP delegates to the 77th Interpol General Assembly in St. Petersburg, Russia. The Ombudsman statement said “manifest partiality and evident bad faith of respondent Ricardo can be easily gleaned from his act of recommending himself and his co-respondents Carta, Rafanan, Doria, Caringal, and Dela Paz, as participants to the Interpol General Assembly, despite that he and his co-respondents were not qualified to attend said assembly because they were due to retire within one (1) year from the date thereof.” It also explained that Ricardo should be included as additional accused in the Information filed against dela Paz  for Violation of Art 237 of the Revised Penal Code because it was “Ricardo who recommended that respondent dela Paz be included in the trip to Russia,” which enabled dela Paz to prolong the performance of his duties as a PNP officer. On July 06, 2011 then Acting Ombudsman Orlando Casimiro  approved a Joint Resolution indicting Dela Paz for violation of Art. 237 of the RPC; and Dela Paz and his wife, Marie Fe, for violation of Circular No. 507, in relation to Sec. 36 of RA 7653 (New Central Bank Act). On July 19, 2011, spouses dela Paz filed a Motion for Reconsideration questioning the finding of probable cause. Thus, the 5th Division of the Sandiganbayan ordered the prosecution to resolve the motion within 30 days. After the prosecution submitted its recommendations to Morales, the Ombudsman ordered the conduct of further preliminary investigation and created another Special Panel of Investigators/ Prosecutors for the said purpose. The prosecution then informed the anti-graft court of the denial of the motion filed by the Dela Paz couple, and requested a suspension of the proceedings in view of the re-investigation ordered by the Ombudsman, which was granted by the court. In reversing its earlier finding on the case, the resolution explained that “the Ombudsman is not barred from revoking, repealing or overturning the earlier ruling of a predecessor in office.” 2008 Moscow trip The police officials — dubbed the “Euro Generals” — flew to Russia in late 2008 for the 77th International Police Organization (Interpol) General Assembly in St. Petersburg. On their way out of Russia, De la Paz, the group’s disbursement officer, was stopped at the airport and later detained for carrying an undeclared amount in excess of the allowable limit. It was later found out that De la Paz was allegedly carrying P9.2 million— P2.9 million for travel expenses and P6.9 million for contingencies. De la Paz claimed that the money was a "cash advance," but then-PNP chief Director General Jesus Verzosa claimed the amount was meant for the purchase of spy gear but had been illegally released. Razon admitted in 2009 that he did not know why De la Paz's group brought with them such a large amount, adding he only approved the amount of P2.314 million for the travel expenses of the eight PNP officers as indicated in his letter to then Interior Secretary Puno. Razon noted that police spouses — Evita Caringal and Cynthia Versoza — were not included on the list of people going to the conference. — KBK/HS, GMA News