NBI Assistant Director Nestor Mantaring said Jaylo was named as an "additional respondent" in the case filed at the office of Chief State Prosecutor Jovencito Zuno at the Department of Justice.
Head agent Allan Contado, of the NBI-Intelligence Special Operations Division (NBI-ISOD), said the charges were based on Jaylo’s lack of authority to designate intelligence officers (IOs) as members of the task force even when Executive Order 325, which created the unit, was in effect.
He explained that under the law, Jaylo can only request for detailed personnel from law enforcement agencies such as the Philippine National Police or NBI, but he has no power to appoint IOs.
Contado pointed out that AIR-TF was a bogus law enforcement agency and had no mandate to make arrest.
Verification made by the NBI showed that the authority given to the now defunct Presidential Anti-Illegal Recruitment Task Force (PAIR-TF) expired last July 9 and has not been renewed by President Arroyo.
In a previous interview, Jaylo said that with the lapse of the EO, their unit was now operating as AIR-TF, which he claimed was attached to the Philippine Overseas Employment Administration (POEA).
On Sept. 29, the POEA issued a certification to the NBI, clarifying that Jaylo was assigned to their welfare and employment branch, which they did not employ any police operatives. Since July 9, they have been coordinating with the PNP whenever an operation would be conducted.
On Oct. 11, POEA Administrator Rosalinda Dimapilis-Baldoz ordered Jaylo to hold office at the POEA building, and not at his AIR-TF office inside the Rizal Memorial Complex. He was asked to report to POEA Deputy Administrator Viveca Catalig.
"In view of the expiration of the mandate of the PAIR-TF created under EO 325 as of July 9, 2005, and considering the non-extension thereof, you are hereby directed to report to the POEA and assume your duties and responsibilities as Director IV, effective immediately, in accordance with Civil Service Rules and Regulations," Baldoz said.
On Oct. 12, joint elements of the NBI ISOD and Special Task Force under Regional Director Reynaldo Esmeralda apprehended 11 AIR-TF members, including four active policemen.
Both SPO2 Santiago Sy and PO3 Francisco Quito are connected with the Traffic Management Group while SPO1 Romeo Noriega and PO2 Dexter Ramile are with the Manila Police District (MPD).
Three of them — Sy, Noriega and Quito — were previously special investigators of the NBI when Sen. Alfredo Lim headed the bureau.
The seven IOs were identified as Rolando Arce, Mercy Grace Gamores, Allan Tubil, Ruel Lontoc, Nelson Ferrer, Ricardo Duque, and Christopher Lucero.
While they were detained, the task force officers allegedly demanded P200,000 for their release.
The husband was released after he gave them P60,000 while his wife and a certain Leonida Digman-Dunca remained in custody and charged for illegal recruitment.
The officers allegedly agreed to release the wife if the couple helped them frame a certain Jonathan Hernandez, from whom they were hoping to demand P200,000.
The husband then sought the assistance of the NBI.
Last week, Maryjane was accompanied by the suspects to meet with Hernandez at the Metrowalk Complex along Meralco Avenue in Pasig City. Unknown to the suspects, NBI agents helped set up an entrapment and waited until the marked money exchanged hands.
The NBI filed qualified bribery charges against the 11 suspects as well as usurpation of authority and illegal possession of firearms last Oct. 13.
At a press conference yesterday, some of those allegedly victimized by Jaylo’s men met with Interior and Local Government Secretary Angelo Reyes, head of the National Anti-Crime Task Force.
They asked Reyes if they would still be able to recover their money or if their relatives still in AIR-TF custody can be released. They also asked questions on possible protection.
One of the complainants said he had to sell their land and pawn their car just to raise the P200,000 for the release of his son. A female complainant said they now live in fear because AIR-TF twice broke inside their house and threatened to kill members of her family.
They feared reprisal because some AIR-TF personnel were not arrested during the entrapment operation.