NAIA men cleared of ‘tanim-bala’ charges

MANILA, Philippines - The Department of Justice (DOJ) has junked the criminal charges filed by an American missionary against six airport police officers and personnel tagged in the tanim-bala or bullet-planting scam at the Ninoy Aquino International Airport (NAIA).

In a resolution released yesterday, Assistant Prosecutor Honey Rose Delgado dismissed Lane White’s complaint against four members of the Philippine National Police-Aviation Security Group and two others from the Office for Transportation Security for lack of probable cause.

PNP-ASG chief Gen. Francisco Balagtas and OTS spokesman Jonathan Maliwat welcomed the decision of the DOJ, saying it boosted the morale of their personnel.

Cleared were Police Inspector Adriano Junio, Senior Police Officer 4 Ramon Bernardo, and SPO2s Romy Navarro and Rolando Clarin, all of PNP-ASG, and OTS personnel Marvin Garcia and Ma. Elma Cegna.

Maliwat said they have yet to receive a copy of the DOJ decision and would discuss matters on whether Garcia and Cegna could be reinstated.

After conducting preliminary investigation, the prosecutor found no basis to file charges of violations of Article 293 of the Revised Penal Code or robbery or extortion; Republic Act 7438, which pertains to the rights of a person arrested and duties of the arresting officer; RA 3019 or the Anti-Graft and Corrupt Practices Act and RA 10591 or the Comprehensive Firearms and Ammunitions Regulation Act.

“We believe there is no sufficient proof to establish a case against SPO2s Clarin and Navarro, SPO4 Bernardo and Inspector Junio for robbery and extortion,” the resolution said.

In his counter-affidavit, Junio admitted telling White and his stepmother Eloisa Zoleta that they would have to pay P30,000, stressing the amount was a fine for possession of a bullet at the airport. He said he did not extort money from the two.

The DOJ said there was no basis and proof to warrant the filing of charges for violation of RA 7438 against the PNP-ASG officers, citing the presumption of regularity in the functions of airport officials.

As for the graft, the prosecutor rejected the allegation that the detention and investigation of the complainant was a corrupt act and that the case “does not fall under R.A. 3019.”

Delgado made the same finding on the charges against the two OTS personnel.

The DOJ clarified that while White was “wronged when he was made to face an offense that he did not commit,” there was no probable cause in his allegations against the airport personnel.

“It is imperative for the prosecutor to relieve the accused from the inconvenience of going through a trial once it is ascertained that no probable cause exists,” the DOJ said.

White, 20, was arrested in September last year and charged with possession of a bullet for a .22 caliber revolver, which was supposedly found when his baggage went through the X-ray scanner at the NAIA. – With Rudy Santos