Panelo says testimonies in Senate vs Albayalde hearsay

October 14, 2019

Presidential Spokesperson Salvador Panelo has considered as "hearsay" the testimonies by some resources persons in the Senate inquiry, tagging resigned Philippine National Police ( PNP) chief Oscar Albayalde as alleged protector of so-called "ninja cops" who were involved in recycling seized illegal drugs.

In a press briefing on Monday, Panelo, also chief presidential legal counsel, however, was immediate in saying he was "not lawyering" for Albayalde.

Speaking as a lawyer and not as a spokesman, he said the issue raised by Albayalde was "valid."

He was referring to Albayalde's statement he was investigated three times regarding his alleged meddling in the investigation of the ninja cops in 2013 when he was provincial police chief of Pampanga.

Yet no charges were filed against him and it was only now the issue was being resurrected.

"As an ordinary lawyer watching the proceedings...like for instance the statement of (retired) General (Rudy) Lacadin, which was allegedly a big proof. The problem with the statement of the General, he mentioned 'I did not know if he's (Albayalde) was joking or not'," said Panelo.

Panelo was referring to Lacadin's statement during the Senate inquiry that Albayalde allegedly called him up and said he only got a small share supposedly from recycling of illegal drugs.

Lacadin was then the deputy chief of the PNP Criminal Investigation and Detection Group.

"In court, it's not admissible. If your statement is like that, the case will be dismissed," Panelo said.

In the case of the testimony of Baguio City Mayor Benjamin Magalong, former CIDG chief, Panelo said, "with due respect to you, from what I heard, it's like hearsay, apparently not personal knowledge, the court won't accept that also."

"With due respect to some senators," Panelo also said they should not speak yet on whether Albayalde was guilty  or if the evidence is strong.

"They should have allowed the (investigation) to be completed first and then make a recommendation. Otherwise, you'd have a problem," Panelo said.

Senator Richard Gordon, chair of the Senate Blue Ribbon and Justice committees investigating the issue on good conduct time allowance and other related matters, said Albayalde's quitting from his post would not top the possible filing of any case against him.

The Senate has yet to conclude its investigation.

Asked on the possibility he could be misinterpreted for lawyering for Albayalde, Panelo said, "That's not lawyering; I'm giving an objective analysis or assessment, in fairness to all."

"And I cannot be lawyering for General Albayalde. His lawyer is good, Estelito Mendoza," he said.

"But let me again be very clear on this, the Senate has the power and the duty to investigate. It should really be investigated in aid of legislation," he added.

Albayalde announced on Monday morning his resignation as PNP chief. But he would only leave the service when he reaches 56 years old, the mandatory retirement age of the uniformed personnel, on November 8.

Panelo said he did not hear anything if Duterte asked Albayalde to quit from his post.

Asked if the Palace still believes that Albayalde was innocent of the allegations against him, he said, "I will follow the line of the President, 'Give me clear proof that he has profited from this drug and linkage that he is involved.' Until such time, the presumption of innocence applies to him." Celerina Monte/DMS