PDEA-7 officers cleared from graft, extortion charges

CEBU, Philippines - Philippine Drug Enforcement Agency (PDEA) officers have been cleared from criminal and administrative charges by the Office of the Deputy Ombudsman for the Military and other Law Enforcement Offices.

Graft investigator Rebecca Guillen-Ubaña said the complainant failed to present evidence that PDEA-7 Assistant Director Rayford Yap and Legal Officer Mauro Licen allegedly conspired with Iranian national Patrick Henri George in demanding money for the release of a suspected illegal recruiter.

“There was no proof that respondents Yap and Licen conspired with George. Conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it,” the consolidated resolution reads.

The complainant of the case was Jeannette Caramelo who filed complaints for violation of Republic Act 3019 otherwise known as anti-graft, robbery (extortion) and misconduct.

In her complaint, she alleged that her husband, Adnan, was arrested by the city police last year for illegal recruitment.

She said that on January 10, 2011, she was introduced by George to the respondents and was told that if she will pay P300,000, her husband will allegedly be released with the help of Yap.

She said during the discussion with respondents, she was told that she has to pay P1,086,000 for George’s loss of work abroad for three months.

She said P1 million plus was a huge amount and insisted that she pay P300,000 which George earlier asked.

She added that Licen asked for P750,000 for the preparation of her husband’s release papers.

Jeannette said that if respondents did not intervene, she “should not have parted with a large amount of money.”

In their counter-affidavit, respondents denied the allegations. Licen said the city police conducted an entrapment operation for allegedly swindling George and his family.

He said the city police filed separate cases for large scale recruitment and estafa against Adnan before the Cebu City Prosecutor’s Office but it was dismissed.

He added that he never demanded for over P1 million from Jeannette and said it was George who demanded it. Licen said he never received any amount of money.

Ubaña ruled that based on the evidence presented by both parties, it was established that there is no direct proof that respondents conspired with George and intended to extort money from the complainant.

“Jeannette relied on mere conjectures and failed to present evidence that would show conspiracy,” Ubaña’s consolidated resolution reads.

Meanwhile, the complaints for usurpation of authority or official functions, anticipation of duties of a public office, conduct unbecoming a public officer, violation of RA 6713 and grave misconduct filed by Prosecutor Mary Ann Castro against Rayford Yap were dismissed.

Castro alleged Yap went to her office and ordered her to immediately file the case against Adnan. However, she told Yap not to interfere with her “prosecutorial functions.”

She added that Yap acted beyond his authority when he participated in an entrapment operation as the case did not involve drugs.

In his counter-affidavit, Yap said he knew George being the fiancée of Sharon Abejo, the sister of his brother’s common law partner. He said his brother, Roger, called him on December 26, 2010, asking for help saying Sharon and George were swindled by an illegal recruiter.

He said entrapment operations were conducted but he never participated. He added he went to the area to witness. He likewise denied the extortion.

In her resolution, Ubaña found no sufficient evidence to indict respondents.

“We give more credence to the allegations of respondents Yap and Licen since they are more in accord with the natural course of things. If respondent Licen intended to extort money from Jeannette, he should have done it away from the prying eyes of the public,” the consolidated resolution reads.

Likewise, Ubaña found no evidence that Yap interfered during the entrapment operation.

“Respondent Yap had a role but he did not take charge in the entrapment. If there was irregularity in the entrapment operations, the police officers should have reported it,” she said. (FREEMAN)