The National Police Commission has convened a Summary Hearing Board to hear charges against the 13 Ninja cops involved in the November 29, 2013 buy-bust operation involving elements of the Pampanga Police Provincial Office, the Department of Interior and Local Government announced today.
DILG Secretary Eduardo M. Año said 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.
“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,” said Año.
As to former PNP Chief PGen Oscar Albayalde, the Joint DILG-PNP Review Committee chaired by Vice Chairman Casurao and USec. Bernardo Florece, Jr. found no substantial evidence to warrant an administrative case against him.
“Albayalde is liable for command responsibility; that is why he was relieved as Pampanga Provincial Director in 2014. However, since he already relinquished his post as Chief, PNP he can no longer be relieved of his position at this time,” he said.
“Moreover, the President has given his guidance to the DILG to pursue the administrative cases against the 13 Ninja cops which we have already started. For the criminal cases against Albayalde et. al., he leaves it to the Department of Justice and the Office of the Ombudsman,” he added.
DILG Undersecretary and Spokesperson Jonathan Malaya said that the following charges will be filed against the Pampanga ninja cops:
1. Serious irregularity in the performance of duty for mishandling of confiscated drugs and instruments and for failure to immediately mark, physical inventory, and photograph illegal drugs and other evidence after seizure and confiscation in the presence of the persons from whom the drugs were confiscated, thereby compromising the integrity and evidentiary value of the confiscated drugs;
2. Dishonesty for making untruthful statements in their affidavits of direct participation;
3. Grave misconduct for giving false testimony against the accused and making untruthful statements when they testified under oath during the Senate Blue Ribbon Committee hearing;
4. Grave irregularity in the performance of duty for improper handling and preparation of the buy-bust money in violation of procedural requirements, and for failure to account the confiscated money.
He said that “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.”
Malaya said that the Joint Review Committee subpoenaed 21 persons composed of personalities who testified at the Senate as well as members of the PIB/PAIDSOTF of PNP-Pampanga. Aside from this, 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.