Senator: PNP's filing of charges over choppers mess a 'gag order'

A senator on Sunday describe as "a legal gag order" the Philippine National Police’s Criminal Investigation and Detection Group (PNP-CIDG) filing of plunder and other charges against former First Gentleman Jose Miguel Arroyo and other personalities over the alleged forced P104.9-million sale of used helicopters to the PNP in 2009. Sen. Franklin Drilon said the PNP-CIDG’s filing of charges would allow police officials involved in the mess to invoke their right not to say anything in the upcoming Senate hearings. “Yan [filing of charges] po ay parang legal gag order... na talagang sinasadya nila kasi hindi na pwede pilitin na magsalita [ang mga sangkot.] If we call for a hearing, they will invoke their right vs self-incrimination at sasabihin nila may kaso na kami," he said in an interview on dzBB radio. He also criticized what he called the CIDG’s “shotgun approach" in filing a criminal complaint before the Ombudsman, saying the move effectively leaves to the Ombudsman the burden of finding evidence against those charged. Last Friday, the PNP-CIDG lodged plunder and other cases against the former First Gentleman and several other personalities involved in the choppers controversy. Many of those charged are former as well as active police officers. Asked if he thought the filing of the charges was deliberate so the officers could get off on technicality lapse, Drilon said, “Nasa bayan, kayo na mag-conclude (I leave it to the people to make their own conclusions)." “It is hard to read intentions but what is clear is that the policemen involved now have reason to invoke their right against self-incrimination and not testify anymore. And it will leave to the Ombudsman the burden of recommending or ordering administrative sanctions such as suspension or dismissal," he added. Also, he said the filing the case with the Ombudsman effectively protects the police officials from being sacked or suspended. “Sa pag-file ng administrative case, pwede nang sabihin ng PNP na hindi namin aaktuhan yan dahil nisampa na namin ang kaso sa Ombudsman," he said. Witness protection Drilon also said one of the personalities charged by the CIDG, trader and Lionair president Archibald Po, is already in the witness protection program. “That is what I meant by the CIDG taking the shotgun approach. It filed a complaint without fully knowing the circumstances," he said. Moreover, Drilon said the case should have been filed not by the CIDG but by the National Police Commission, which administratively supervises the PNP. “Dapat ang Napolcom should act on this administrative case. Sa ilalim ng batas di dapat CIDG ang mag-imbestiga... dapat Napolcom," he said, adding he will question Interior Secretary Jesse Robredo on why the Napolcom did not act on the matter. Robredo may be grilled on the matter on Monday during the Senate finance committee’s budget hearing, hes said. Drilon heads the Senate finance committee, which is scheduled to take up the DILG’s budget for 2012 at 9 a.m. “Bukas pagharap ni Sec. Robredo sa finance committee I will ask him why has Napolcom not acted on this, when Napolcom has the power to discipline policemen, hindi ang CIDG," he said. But Robredo defended the PNP’s move, saying it dispelled the notion that the PNP could not file charges against its own people. “Ang mahirap, pagdudahan ang PNP na hindi kaya magsampa ng kaso [laban sa] kasama niya," (The bigger problem would be for the PNP to bear the stigma that it cannot file charges against its own people)," Robredo said in a separate interview on dzBB. He also said the public should not yet make conclusions on the case because it had just been filed. According to him, "Nothing is stopping other people from filing additional charges if they think they can add to the case." On the other hand, Drilon said the Senate is eyeing the following sanctions against the personalities below:

• Negros Occidental Rep. Ignacio Arroyo Jr.: as accessory to the crime for trying to cover up the mess
• Lawyer Lope Velasco: for perjury
• Former LTA bookkeeper Rowena del Rosario: for disbarment

“Iggy is clearly part of the coverup operations. He is an accessory," the senator said. Meanwhile, Malacañang criticized Mike Arroyo's claim he was denied due process. Deputy presidential spokesperson Abigail Valte, in an interview on government-run dzRB radio, said Atty. Arroyo will now have his day in court because the Ombudsman is handling the case. “Certainly si former First Gentleman ay magkakaroon ng pagkakataon na ipagtanggol ang kanyang sarili," she said, adding the Palace will be watching the progress of the case. — LBG, GMA News