Albayalde, 13 alleged ninja cops face biggest fight of their lives amid threat of charges that could send them away for life
RESIGNED Philippine National Police chief General Oscar D. Albayalde and the 13 alleged ninja cops led by Major Rodney Baloyo are now facing the biggest fight of their lives, all aiming to prove they are innocent of the charges being considered against them since those cases are major crimes which could send them to jail for life if proven guilty in court.
On June 8, 2017, the charges against Baloyo and his men for violation of Sections 27, 29 and 32 of Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002 were dismissed by Acting Prosecutor General Jorge G. Catalan Jr. for insufficiency of evidence, and lack of probable cause.
However, the Senate committee headed by Senator Richard Gordon is expected to come up with its preliminary findings on what really happened during the infamous November 29, 2013 incident where the group of Baloyo was accused of misdeclaring the actual volume of shabu they seized, freeing a suspected Chinese drug lord for P50 million and arresting another foreigner whom they presented as the owner of the recovered drugs.
Baloyo and company were then members of the provincial intelligence branch of the Pampanga Police Provincial Office then headed by Colonel Albayalde.
On Monday, Gen. Albayalde relinquished his post to PNP Deputy Chief for Administration Lieutenant General Archie Francisco F. Gamboa, a lawyer and classmate of Gen. Albayalde from Philippine Military Academy ‘Sinagtala’ Class of 1986.
Gen. Albayalde maintained the charges hurled against him are baseless.
“On the matter of the Senate invertigation in regard which I have been implicated let me recall the following:
‘’The incident happened on November 29, 2013.
“Records will show that I was not included in the validation conducted by the Regional Intelligence Division 3 and the Regional Criminal Investigation and Detection Unit 3 on the alleged irregularities on the conduct of the buy bust operation,” he said.
“Because of alleged irregularities criminal proceedings were instituted by the Criminal Investigation and Detection Group before the Department of Justice on May 12, 2014 against those allegedly involved. I was not among those named as respondent.
“In a resolution approved on June 8, 2017 by C.P. Jorge G. Catalan Jr., Acting Prosecutor General, the complaint against all the respondents for violation of Section 27 and 29, Republic Act 9165 were dismissed for insufficiency of evidence and the complaint for Section 32 of RA 9165 was likewise dismissed for lack of probable cause.
“Concurrently, administrative proceedings were instituted by the Police Regional Office 3 on the same incident and again I was not among those charged.
“I was provincial Director of Pampanga Police Provincial Office at the time. As a result of the incident I was placed on floating status at the Regional Personnel and Holding Unit at PRO3 for eight months,” he added.
He continued: “On July 1, 2016 I was appointed Director of the National Capital Region Police Office which position I held until my appointment to my present position as Chief of the PNP on April 19, 2018. No protest was made on my appointment. Implicitly, it may be assumed that the President himself was aware of my appointment to that position.
“In light of those circumstances, the charges before the Senate and the testimonies were apparently inspired by the publicity which has accompanied the Senate investigation.”