MANILA, Philippines – The Department of the Interior and Local Government (DILG) on Wednesday said it has found no substantial evidence to file an administrative complaint against former Philippine National Police (PNP) chief Police General Oscar Albayalde.
This is in relation to the alleged anomalies in a 2013 drug raid conducted by 13 Pampanga police officers, tagged as “ninja cops” for allegedly pilfering and recycling part of the illegal drugs they confiscated during the operation.
Albayalde was the provincial police head when the controversial operation occurred.
“Albayalde is liable for command responsibility; that is why he was relieved as Pampanga Provincial Director in 2014,” DILG Secretary Eduardo Año said in a statement.
“However, since he already relinquished his post as chief of PNP, he can no longer be relieved of his position at this time,” he added.
Albayalde relinquished his post and went on a non-duty status on Oct. 14 following allegations of his involvement in the anomalous raid.
He is set to retire from police service on Friday, Nov. 8.
The PNP Criminal Investigation and Detection Group included Albayalde as among the respondents in its amended referral complaint about the “ninja cops” issue.
Año said the cases against Albayalde will be up to the Department of Justice (DOJ) and the Office of the Ombudsman.
As to the 13 “ninja cops,” the DILG chief said new administrative charges will be filed in light of the new evidence gathered against them.
“The filing of new administrative charges against these Ninja cops is in light of new evidence gathered by the Joint DILG-Napolcom Review Committee as well as those that came out during the Senate Investigation,” Año said.
“The President has given his guidance to the DILG to pursue the administrative cases against the 13 Ninja cops which we have already started,” he added.
The DILG said the charges being pursued against these cops include serious irregularity in the performance of duty, dishonesty and grave misconduct.
These cops are also facing criminal charges before the DOJ.
“The charges to be filed against them will not be for the same offenses for which they were charged in the past. Moreover, the complaining witness this time will be the Napolcom which is vested with competent jurisdiction on the matter, hence, res judicata will not apply,” DILG Undersecretary and Spokesperson Jonathan Malaya said in a statement.
Malaya said that the Joint Review Committee subpoenaed 21 persons composed of personalities who testified at the Senate.
The committee also reviewed documentary evidence consisting of the transcript of stenographic notes from the Senate hearings, as well as pertinent documents related to the 2013 Lakeshore incident.
Año also said that the National Police Commission has convened a Summary Hearing board to hear the charges against the alleged ninja cops.
He added that the summary dismissal proceedings against the respondents can be completed within 45 calendar days “without violating their right to due process.”
“Pending the resolution of their cases, the respondents will be placed under restrictive custody at Camp Crame,” he said.