Tinio files counter-affidavit vs ‘prima facie’ evidence of Napolcom

MANILA, Philippines — Former Quezon City Police District (QCPD) director Chief Superintendent Edgardo Tinio, one of the “narco generals” tagged by President Rodrigo Duterte, on Tuesday submitted a counter-affidavit against the prima-facie evidence of the National Police Commission (Napolcom).

Tinio submitted his 41-page counter-affidavit ahead of the five-day deadline given by Napolcom to him and another accused Philippine National Police (PNP) official, former National Capital Region Police Office (NCRPO) chief Director Joel Pagdilao.

Napolcom Vice Chair Rogelio Casurao asked the respondents to reply to the allegations within five calendar days after Department of the Interior and Local Government Secretary Ismael Sueno said they found prima facie evidence against Tinio and Pagdilao. Casurao, however, clarified that prima facie is not an accusation by itself since it is only evidence “accepted as correct until proven otherwise.”

Napolcom to focus on prima facie evidence

Casurao said the Napolcom probe team handling the case of the three active “narco generals” — Tinio, Pagdilao and Chief Superintendent Bernardo Diaz — said it found areas of concern in the investigation and cited that these finds were “adverse.” He refused to particularly mention the prima facie evidence but he said “administrative lapses” would remain adverse if not properly addressed by the respondents.

“Simple instance would be if you find out that people running or in charge of the drug enforcement duties of the PNP are people who are not trained. They won’t be able to enforce the law on drugs because they are never prepared and never even trained for the job,” Casurao said in a televised press briefing.

“There are incompetence in the filling up of these positions. This is  an administrative lapse na would result in jeopardizing drug operations… We consider this as one form of negligence on whoever is leading the org this is violation of existing rules,” the Napolcom vice chair said.

Casurao also said that Napolcom would only focus on administrative lapses and is computing the figures in the Income Tax Return and the figures declared by Pagdilao and Tinio in their Statement of Asset and Liabilities and Net Worth as well as review their Securities and Exchange Commission documents to determine if there are irregularities. He, however, explained that their office is constrained by the Bank Secrecy Law and so they are not allowed to check the bank accounts of these generals.

Tinio debunks Duterte’s allegations

Tinio disclosed that he was accused of negligence of duty and other irregularities which he denied by presenting his accomplishments as QCPD director and punctually complying with the Napolcom’s due process. He reiterated he was “serious” and was able to perform no-nonsense operations under his watch.

READ: Tinio, Loot deny illegal drug trade involvement

“So kanina nga po nakapag-submit tayo ng counter-affidavit para pabulaanan ‘yung mga alegasyon po nila doon na tayo ay nakapag-commit ng serious neglect of duty, irregularity in the performance of duty and conduct becoming of an officer. Iyon po ang mga paratang they held against us,” Tinio said in a televised phone interview with CNN Philippines.

Particularly, Tinio said he was recognized by the Philippine Drug Enforcement Agency for his “outstanding professional skills and leadership that were vital in the successful conduct of high impact operations and arrest of high value targets.” He added that under his watch 29 top drug personalities were arrested based on case operation plans as well as 7,538 wanted persons. He added that 752 vehicles were impounded, 288 firearms seized and 15 most wanted personalities neutralized, among others.

Asked if he thinks he would be given a fair chance after he responded to the allegations, Tinio said it is up to the Napolcom. He also expressed hope that he would be able to speak with Duterte.

“I humbly submit myself doon sa proseso at saka doon sa Napolcom. It's incumbent upon them na pakinggan yung aming ebidensya,” Tinio said.

Last July 5, Duterte named Diaz, Tinio, Pagdilao and two other retired officials, Deputy Director General Marcelo Garbo Jr. and former Chief Superintendent now Daanbantayan, Cebu Mayor  Vicente “Vic” Loot, as protector of drug lords and involved in illegal drug activities.

RELATED: PNP chief Dela Rosa turns over 3 ‘narco cops’ to Napolcom | 2 ‘narco generals’ to face trial – Napolcom