General problem

So who are the two police generals “still playing” with illegal drugs?

Because of the timing of the statement from President Duterte all the way from chilly Russia, suspicion has inevitably focused on one police general in particular: the chief of the Philippine National Police himself, Oscar Albayalde.

Fortunately for the embattled PNP chief, Duterte shifted gears over the weekend, saying there are no police generals involved in the “recycling” of illegal drugs.

Duterte said Albayalde deserved to be heard. Presidential spokesman Salvador Panelo also said the PNP chief continued to enjoy the confidence of Duterte.

With Albayalde’s compulsory retirement fast approaching on Nov. 8, there also seems to be no hurry to name his replacement. The Department of the Interior and Local Government is submitting to Duterte the list of potential replacements only on Oct. 20.

So is Albayalde home free?

As of yesterday, Duterte seemed willing to spare him from the ignominy of resigning just weeks before his retirement. So Albayalde might get to retire as scheduled, not in peace, but with all his benefits intact, which can be considerable for a PNP chief.

What he might lose, however, is a shot at a civilian post, which Duterte has given to top military and PNP officers upon their retirement. Albayalde’s endorsement power in the selection of his successor is also weakened.

It also looks like his legal woes are just starting, and his peaceful retirement is not yet certain. The Department of Justice has already announced that it is reopening the probe into the drug raid in Mexico, Pampanga in 2013 when Albayalde was provincial police director, in which 167 out of 200 kilos of shabu reportedly went missing, the wrong drug trafficking suspect was presented by the raiding team, and the real one was allegedly freed after paying P50 million.

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If Albayalde is indicted, it won’t be the first time for the head of the PNP. The first PNP chief, Cesar Nazareno, was charged with graft over the anomalous purchase of P10 million worth of clothing and equipment. He died with the case not yet resolved.

Avelino Razon was held without bail from 2013 until 2016 for graft and malversation involving the repair of light armored vehicles amounting to P385.5 million in 2007 when he headed the PNP.

Jesus Verzosa is also on trial for graft in connection with the acquisition of 75 rubber boats worth P131.5 million in 2009.

Even the two former PNP chiefs who have made a successful career change have not been spared from legal woes. Sen. Panfilo Lacson has faced charges for several murders; he was cleared.

Sen. Ronald dela Rosa, who reportedly endorsed Albayalde for the top PNP post, is facing “preliminary examination” by the International Criminal Court for crimes against humanity in connection with Oplan Tokhang and Double Barrel.

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There is surprise and dismay over the accusations, since Albayalde is seen to have curbed the excesses of Tokhang and Double Barrel. He is still remembered for sacking the entire Caloocan police force (except one member) when he was Metro Manila police commander, following the execution of teenage drug suspects in the city.

Albayalde’s problem is that his accusers are coming off with greater credibility in this controversy, bolstered by the disastrous Senate testimony of his former underling who led the drug raid in Pampanga, Maj. Rodney Baloloy IV.

If Duterte, a former prosecutor, takes time to review Baloloy’s testimony together with those of Baguio City Mayor Benjamin Magalong and Aaron Aquino, director general of the Philippine Drug Enforcement Agency, the President might also harbor doubts about his PNP chief.

The drug raid was such a major operation and the dirty money believed involved too large. For the police provincial commander to be kept in the dark by his men, as Albayalde has claimed even if he signed the post-operation report, he would have been guilty at the very least of negligence or incompetence.

Baloloy is now in the New Bilibid Prison, although merely for contempt of the Senate, for lying under oath. At most, Baloloy might spend six months in detention for contempt, like former customs and corrections chief Nicanor Faeldon, who opted for incarceration in the Pasay City jail rather than break his code of omerta.

At this point in his career, Albayalde should already be getting a hint from Duterte about assignment to a civilian post upon retirement. After all, until this controversy erupted, I can’t remember Duterte criticizing the PNP and its chief.

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Since no formal charges have been filed against him, Albayalde could just sit out this storm until his retirement. Duterte might let him off lightly, allowing him to fade away, damaged but not completely ruined.

But letting him off lightly risks causing further damage to the PNP. The chief of the PNP is the face of the institution, and this has to be one of the lowest points in the history of the national police.

This is a typical comment on the controversy: “Tokhang-tokhang kayo laban sa droga, yung hepe nyo protector ng ninja!”

Albayalde has stressed that Aquino, who was PNP regional commander in Central Luzon at the time, had rejected his request to spare the 13 raiders in Pampanga and instead reassigned the “ninja cops” to Mindanao.

This does not guarantee exculpation from liability for an offense. An investigating panel, however, thought otherwise and cleared Albayalde. Which is why when the case was revived at the Senate by Magalong, who headed the police inquiry on the raid when he was the PNP’s chief investigator, Albayalde was quick to dismiss it as an old, recycled issue. 

His former underlings, however, gave testimonies that were so shot full of holes that people now see the need to have them account fully for what happened, and to suffer the appropriate punishment – certainly something worse than being made to battle the Abu Sayyaf and other murderous groups in Mindanao.

And if the underlings will face the full force of the law, how high up should culpability go?