PNP-CIDG failed to present key witness: Baloyo

In his rejoinder, Police Maj. Rodney Baloyo IV asked the panel of prosecutors of the Department of Justice (DOJ) to dismiss the complaint. (File Photo By Ramon FVelasquez – Own work, CC BY-SA 3.0)

MANILA — A suspected “ninja cop” has claimed that the Philippine National Police-Criminal Investigation and Detection Group (PNP-CIDG) failed to present a key witness in the criminal complaint filed against him and his co-respondents in the controversial 2013 anti-illegal drugs raid in Mexico, Pampanga.

In his rejoinder, Police Maj. Rodney Baloyo IV asked the panel of prosecutors of the Department of Justice (DOJ) to dismiss the complaint.

Among other things, Baloyo said the PNP-CIDG did not use as witness alleged Chinese drug trader Ding Wenkun and instead used a certain Neil Gernace, whom the police official described as having only provided “double hearsay” testimony.

“The truth of the matter could have been laid to rest by the simple expedient of presenting Ding Wenkun as a witness himself, but the PNP-CIDG, for inexplicable and unjustifiable reasons, has consistently failed to present him before the Department of Justice ever since the inception of this criminal complaint, or since way back in the year 2014,” Baloyo’s rejoinder read.

The PNP-CIDG accused Baloyo of violating Republic Act 9165 (the Comprehensive Dangerous Drugs Act of 2002), particularly Section 27 (failure to account for the seized drugs) of Article II, Section 29 (planting of evidence) of Article II, and Section 32 (violating regulations of the Dangerous Drugs Board) of Article II and Section 92 (delay and bungling of the prosecution of drug cases) of Article XI.

The complainant also accused Baloyo of two counts of violating Article 211-A (qualified bribery) and Article 171 (falsification) of the Revised Penal Code (RPC).

The case stemmed from the 2013 raid in Mexico, Pampanga where members of the Provincial Anti-Illegal Drug and Special Operation Task Force (PAIDSOTF) led by Baloyo seized around 200 kilograms of shabu, PHP55 million in cash, and a Toyota Fortuner.

However, after the operation, the 13 policemen failed to account for the confiscated items including around 160 kilograms of shabu and also failed to prosecute alleged foreign drug trader Johnson Lee.

The PNP-CIDG alleged in its complaint that “herein respondents, instead of filing a complaint against Johnson Lee, filed a complaint against Ding Wenkun, whom they violently and illegally took to replace Johnson Lee, and thereafter planted evidence against Wenkun and charged him.”

“However, it is crystal clear that Gernace had no personal knowledge of the truth and veracity of what Ding Wenkun was supposedly saying, as Gernace was only admittedly present when Ding Wenkun executed his statement, and not during his actual arrest,” Baloyo said.

Baloyo added that “Ding Wenkun made the statement in the Chinese language” and interpreted by “no less than an inmate in the Pampanga Provincial Jail in the person of Albert Chua.”

“Not only is this double hearsay evidence which cannot be the basis of any finding of probable cause, the credibility and reliability of the supposed translation could not be authenticated nor corroborated by Gernace or the Notary Public himself,” Baloyo said.

Balayo also denied allegations of conspiracy with his co-respondents in committing the offenses.

“Aside from the unsubstantiated, self-serving, and bare allegation that I conspired with the other respondents, there is no proof that would corroborate the same,” he said.

The DOJ special panel of prosecutors, chaired by Senior Assistant State Prosecutor Alexander Suarez, concluded on Monday the preliminary investigation of the PNP-CIDG’s complaint.

The special panel has been conducting the preliminary investigation since October 8 after Justice Secretary Menardo Guevarra ordered the re-investigation of the complaint.

Prior to Guevarra’s order, the PNP-CIDG filed a petition for review of the complaint which was dismissed by another panel of prosecutors back in 2014 and was affirmed in 2017 by then Prosecutor General Jorge Catalan.

“Thus, the present case should be dismissed outright. The… criminal complaint had been thoroughly and exhaustively resolved in 2014, and affirmed with finality by way of automatic review by the DOJ Prosecutor General. There is nothing more to be done than respect the actions of the DOJ Prosecutor General in his automatic review,” Baloyo argued in his rejoinder.

Baloyo added that the re-investigation violates his constitutional rights for the speedy disposition of cases.

“From 2014 until the present time, or more than five years thereafter, no action was taken on the case, other than the affirmation and approval of CPs (City Prosecutors) Robles and Catalan, which affirmation, to my submission, is the final act of the automatic review process,” he said.