MANILA — A Manila Regional Trial Court (RTC) on Saturday dismissed the case against PLtGen. Benjamin Santos Jr. after finding "lack of probable cause" to directly implicate him to the "staged" P6.7-billion drug bust and to prove his violation of the Comprehensive Drugs Act of 2002.

Santos Jr. was one of the two generals among the 30 policemen accused of taking part in an alleged “grand conspiracy to cover up a criminal enterprise” within the Philippine National Police (PNP) by mishandling an operation involving PMSgt Rodolfo Mayo in Tondo, Manila back in October 2022. They were charged last Monday, January 13, 2025, for violating the Republic Act No. 9165 after they failed to report and document the drug bust operation where Mayo was seized.

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The Wealth and Personal Development (WPD) Lending Office in Tondo also became a hot topic after a CCTV footage showed a number of policemen coming out of it with luggage containing several kilos of shabu. The same footage showed the arrival of some high-ranking officials, including Santos and PBGen. Narciso Domingo.

However, Judge Danilo Leyve stated in his decision that while Santos' presence at WPD office was confirmed at the footage, it does not "clearly and positively demonstrated that he participated, directed, authorized, or consented to the conduct of purported bogus hot pursuit operation against accused PMSG Rolando B Mayo."

Emphasizing the absence of records, witness, or testimony to directly prove the conspiracy, the court found no legal basis to hold Santos Jr. liable for the offense since "jurisprudence dictates that mere presence at the scene of the crime does not in itself amount to conspiracy."

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Branch 175 of the Manila RTC meanwhile issued a warrant of arrest without bail against Narciso, PCol. Julian T. Olonan, PCol. Dhefry A. Punzalan, PLt. Jonathan G. Sosongco, PMSG Carlos C. Bayeta, Pat. Hustin Peter A. Gular,  Pat. Rommer I. Bugarin, Pat. Hassan O. Kalaw, Pat. Dennis L. Carolino, PCpl. Joshua Ivan Baltazar, Pat. Nathaniel Gomez, PLt. Ashrap T. Amerol, PSMS Jerrywin H. Rebosora, PSMS Marian E. Mananghaya, PSMG Lorenzo S. Catarata, PSSG Arnold D. Tibay, PCol. Arnulfo G. Ibañez, PLtCol. Glenn C. Gonzalez, PMaj. Michael Angelo C. Salmingo, PLt. Randolph A. Piñon, Pat. Mario M. Atchuela, Pat. Windel C. De Ramos, Plt. Silverio P. Bulleser II, PCMS Emmanuele E. Docena, PMSG Alejandro F. Flores, PCpl. Jhan Roland L. Gelacio, Pat. James G. Osalvo, Pat. Darius R. Camacho, and Pmsg. Rodolfo B. Mayo.

On January 27, 8:30 a.m., an arraignment and pre-trial for Mayo was also ordered.

The 21 respondent-policemen were initially dismissed from service, 16 others were demoted in rank, 4 respondents were suspended for six months, and the 12 respondent's cases were dismissed as resolved earlier by Napolcom En Banc.

PROOF OF REWARD SYSTEM?

Interior Secretary Jonvic Remulla earlier stated that the case could have been related to the "reward system" allegedly implemented by the administration of Former President Rodrigo Duterte which was exposed in House Quad Comm hearings.

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“It is our theory that this goes all the way to 2016, naging institutional practice na siya mula 2016 hanggang nahuli ito ng 2022. It seems that it became a standard procedure ng mga silang elements ng PNP na magkaroon ng mga drug haul, i-report nang kaunti, ibu-bodega ang marami,” he said.

Justice Secretary Jesus Crispin Remulla has vowed that the DOJ would go "all out" in prosecuting the 30 officers.

READ the decision below: 

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