Graft raps against Albayalde junked

MANILA, Philippines — The alleged drug and graft charges filed by the Criminal Investigation and Detection Group against former Philippine National Police chief Oscar Albayalde have all been dismissed due to lack of evidence needed to hale him to the anti-graft court Sandigabayan.

A panel of prosecutors from the Department of Justice threw out the drug charges against the former PNP official in January 2020, while the Office of the Ombudsman dismissed the graft charges - alleged violation of Republic Act 3019 - in January this year (2021).

In a 14-page resolution, the Ombudsman maintained that “the PNP-CIDG’s amended complaint violates Albayalde’s constitutional guaranteed right to be informed of the accusation against him.”

“It is thus, insufficient to establish proof of any unlawful act or omission on the part of Albayalde,” the three-man panel of graft probers led by Director Moreno Generoso stated, which was also signed by investigators Lucielo Ramirez Jr. and Bonifacio Mandrilla.

“Wherefore, the DOJ’s recommendation to indict Albayalde is hereby set aside. The charges against him are hereby dismissed for insufficiency of evidence,” the anti-graft investigating and independent constitutional body stressed, referring to the graft charges.

“The evidence it presented, is not only tainted with procedural lapses, but also failed to establish criminal liability on his part,” the Ombudsman declared, in relation to the suit filed by PNP-CIDG represented by Lt. Col. Julius Sagundoy.

DOJ prosecutors handled the drug case of Albayalde for violation of the Comprehensive Dangerous Drugs Act of 2002 (Republic Act 9165) for alleged misappropriation, misapplication or failure to account for the confiscated or surrendered dangerous drugs.

Government lawyers found out there was no proof that Albayalde had any hand in the alleged misappropriation of 200 kilos of shabu that policemen have confiscated in a drug raid sometime in 2013 in Pampanga, where they accused him of declaring only 36 kilos.

Albayalde was the Pampanga’s police provincial director.

Prosecutors said the PNP-CIDG cannot invoke command responsibility on the part of Albayalde, especially if no proof has been presented to make him criminally liable for the alleged offense.

Albayalde’s co-respondent Police Officer 2 Anthony Loleng Lacsamana was also cleared of the drug charges, who - as it turned out - has not participated in the drug sting operation against suspected druglord Johnson Lee.