Ovilla, 9 other cops get death penalty for bribery

A judge sentenced 10 policemen to death yesterday for releasing two Chinese drug dealers after receiving money from them – the first time capital punishment has been applied for the crime of "qualified bribery" in the Philippines.

Judge Diosdado Peralta of the Quezon City Regional Trial Court said there was overwhelming evidence that Superintendent Francisco Ovilla, Senior Inspector Edwin Misador and eight of their men received up to P650,000 from suspected drug traffickers Jimmy Tan and Randy Koo.

The 10 policemen, mostly in civilian clothes, were led away in handcuffs after the verdict while another broke down in relief after he was acquitted for insufficient evidence.

Peralta explained that under the law, a police officer who "refrains from apprehending or prosecuting offenders where the penalty is (death), the penalty that will be meted on them shall be the same as the offenders."

The other policemen sent to death row were Senior Police Officer 4 Florendo Lucila, SPO3 Benjamin Fonacier, SPO2 Teodorico Lado, SPO1 Ronnie Rodaje, SPO1 Orencio Jurado, PO3 Manuel Malong, PO3 Orlin Comia and PO2 Ladislao Rebangcos.

The two Chinese nationals were set free after they were arrested in possession of 1.5 kilos of shabu worth P5 million in a sting operation by the same police unit in 1999. Two policemen who turned witnesses testified that Ovilla, then the station commander of Anonas station, kept the P650,000, a Honda Civic and the illegal drugs.

All records of the arrest went missing, the court was told.

"We do not even know where the suspects are now. For all we know, they might be dealing drugs again," a fuming Peralta said.

The judge noted that police officers should now think twice before committing such acts again.

"The courts are the pillars of the criminal justice system and we will not allow these things to happen. The drug problem has grown unabated and we hope this would be a lesson to all policemen," he said in his 47-page decision.

The 10 policemen were also separately given up to 12 years for violation of the Anti-Graft and Corrupt Practices Act.

Ovilla, who was in a yellow shirt, did not show any emotion throughout the proceedings. He did not testify at his trial but denied any wrongdoing in earlier press interviews.

The relatives of the accused, who had been confident that the police officers would be exonerated, broke down in tears after hearing Peralta’s ruling.

An elderly woman, believed to be a mother of one of the accused, collapsed after the 10 men were led away.

SPO1 Eusebio Zambrano, who was acquitted after proving his presence at the Anonas station was merely coincidental, said he was relieved the trial was over, but was sad for his colleagues.

"I thought they would just be reprimanded for the act. I never thought they would be facing death," Zambrano said in between sobs.

The judge admitted that he too was saddened by what he had to do, "but if we do not apply the law, people will lose faith in our justice system."

"All of us have emotions, but as a judge, this is my bounded duty. We have to uphold the law," Peralta said after the hour-and-a-half promulgation.

He commended witnesses PO3 Wilfredo Gonzales and SPO3 Reynato Resurreccion "for mustering the courage to expose an anomaly against their colleagues and superiors."

The two men, who were Ovilla’s subordinates, had blown the whistle on the bribe. Gonzales testified that Ovilla tried to give him P15,000 as his "share" but he refused to take the money.

"Without them, the anomaly could not have been unearthed and the perpetrators could have gone unpunished," Peralta said.

Star witness has mixed feelings

"Masaya akong malungkot (I am both happy and sad)."

This was how Gonzales described his feelings moments after the judge handed down the death sentence on his superiors and colleagues.

"I am happy because the law took its course and we once again proved that justice still works in the country. But I am also saddened because my colleagues will have to face the harshest punishment for their crime," he said.

The conviction of the 10 accused was anchored on the strength of Gonzales’ testimony, which the court found "candid and straightforward."

It was Gonzales who revealed to The STAR the anomaly that took place on Aug. 22, 1999 when Ovilla’s group arrested the two drug dealers in a buy-bust operation at SM City carpark in Quezon City.

Gonzales and Resurreccion sought the help of Quezon City Rep. Mike Defensor, who provided them with security and a lawyer.

The exposé on the bribe incident earned for STAR reporter Christina Mendez a Catholic Mass Media Award for investigative journalism last October. It also prompted the House of Representatives to conduct a thorough investigation on the alleged recycling of drugs being done by policemen in the narcotics division.

While he was confident that the evidence to convict the accused was strong, Gonzales said he could not sleep the night before for fear of what Ovilla’s group may do to him if an acquittal is rendered.

"I thought about Judge Peralta giving in to pressure so I prayed hard to the Lord to let truth prevail. The Lord answered my prayer, he guided Judge Peralta to do the right thing," he said.

Meanwhile, acting Philippine National Police (PNP) chief Deputy Director Leandro Mendoza hailed the court verdict, saying the decision "strengthens the resolve of the PNP to cleanse the ranks of undesirable policemen."

Mendoza also recommended the promotion of Gonzales and Resurreccion "for blowing the whistle that uncovered the drug bribery scandal."

PNP Director Edgar Aglipay, who was head of the National Capital Region Police Office when the anomaly took place, said the decision was a "huge victory against scalawags and illegal drugs."

Anti-illegal drugs group DrugWatch expressed support for Peralta’s verdict, saying it could be a turning point in the people’s campaign against corruption in the police force.

"While we sympathize with the families of the 10 policemen, we support the decision which we hope will serve as a warning to policemen not to be blinded by bribe money from drug lords," DrugWatch executive director Susan Ople said. - Cecille Suerte Felipe, Christina Mendez and Matthew Estabillo