Philippines ‘ninja cop’ scandal threatens to ruin acting police chief Archie Gamboa’s bid for top post

Fallout from the “ninja cops” scandal, which forced the resignation of Philippine National Police (PNP) director general Oscar Albayalde, is now threatening to ruin acting PNP chief Archie Gamboa’s chances of clinching the top post.

As officer-in-charge until Albayalde’s permanent successor is named by President Rodrigo Duterte next month, Lieutenant General Gamboa has swiftly moved to refurbish the tarnished image of the police force in a bid to get the president’s nod.

On Monday, he directed the Philippine police to file drug and graft charges against Albayalde over the former chief’s alleged role in the ninja cops affair – the 2013 drug bust in Pampanga province by 13 policemen who were later accused of stealing and reselling most of the seized drugs, and freeing the main suspect for a payment of 50 million pesos (US$965,000).

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Albayalde – who was the ninja cops’ immediate superior at the time – has been accused by three retired senior police officers of receiving money from the drug sale and protecting the policemen involved from getting sacked.

Gamboa on Monday also announced that upon the recommendation of the police’s internal affairs service (PNP-IAS), he was dismissing three of the 13 ninja cops from service and suspending a fourth, Lieutenant Joven de Guzman Jnr, for 59 days.

However, the acting chief’s statement did not sit well with PNP-IAS head Alfegar Triambulo, who disclosed on national television that the internal affairs decision had actually recommended the sacking of all four policemen – and that Gamboa had rejected the dismissal of de Guzman Jnr, the team leader, who “had actually committed a graver offence”.

“What [Gamboa] said, that PNP-IAS only recommended a 59-day suspension for Lieutenant Joven de Guzman Jnr … is not true,” Triambulo said in a separate interview, adding that the four policemen were found to have conspired in the affair. “The act of one is the act of all, that’s why dismissal was the … recommendation for all.”

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The PNP-IAS head also stressed that the disciplinary action imposed on the four policemen had nothing to do with the ninja cop scandal, but with a new case that took place in Antipolo City, Rizal province this May.

Triambulo said the Antipolo City case saw the four ninja cops use the same modus operandi as 2013. Along with three other policemen, they confronted a suspect whom they shot at as he escaped. They then went to his house, planted drugs and conducted a buy-bust operation.

He said team leader de Guzman Jnr was present in May when the seven policemen “committed many violations, not only administrative misconduct but it amounts to criminal offence because there was a violation of domicile [illegal search] and planting of evidence”.

In light of this, Triambulo questioned Gamboa’s decision to only suspend de Guzman Jnr, while adding that he respected and admired the acting chief.

A senior police official who spoke to the South China Morning Post on condition of anonymity said the morale of the entire force was “very low” and the ninja cop case had “a very big effect on the entire organisation”.

He said he could not tell whether Albayalde was guilty. “I think there is no case against him. Maybe he was just too helpful to others. Instead of dismissal, it became demotion. There was punishment but that is not appreciated by those in the Senate,” the official said.

Senator Richard Gordon, who led the probe on the ninja cop case, said Albayalde was possibly facing a life term if found guilty of the charges.

For his part, Albayalde welcomed the move. “If they feel they have a case against anyone, then they can file, and let the law take its course,” he told local reporters.

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No senior police officer from the rank of major and above has ever been convicted, according to police spokesman Bernard Banac.

The senior police official explained that this was because a criminal case needed to be built beyond reasonable doubt, while the PNP tends to use administrative cases – which only require substantial evidence – “against erring cops, to remove them from the service”.

With two weeks to go before Duterte appoints a new police chief, department of interior and local government secretary Eduardo Año has announced three front runners: Gamboa, Lieutenant General Camilo Cascolan and Major General Guillermo Eleazar.

Gamboa and Cascolan both graduated from the Philippine Military Academy in 1986, along with Albayalde and current senator Ronald de la Rosa. Eleazar graduated from the academy a year later.