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MANILA, Philippines 鈥� The Manila Regional Trial Court (RTC) Branch 175 dismissed the case against former Philippine National Police (PNP) Deputy Chief for Operations Lt. Gen. Benjamin Santos Jr. in connection with an allegedly anomalous P6.7-billion drug bust.
Thirty police officers, including Santos, were accused of planting evidence in the case stemming from a buy-bust operation at the Wealth and Personal Development (WPD) Lending Office in Tondo, Manila, where 990 kilograms of shabu (crystal meth) were seized on Oct. 8, 2022.
鈥淭he Court finds no probable cause to charge accused PLTGEN. Benjamin D. Santos Jr. due to the absence of evidence establishing his participation in the alleged offense,鈥� the court order dated January 17 read.
鈥淲hile surveillance footage confirms his presence at WPF Lending, it does not clearly and positively demonstrate that he participated, directed, authorized, or consented to the conduct of purported bogus hot pursuit operation against accused PMSG (Police Master Sergeant) Rolando B. Mayo,鈥� it added.
Mayo was initially arrested at around 1:00 p.m. on Oct. 8, 2022 along Bambang Street in Tondo for possessing two kilograms of shabu.
He was then brought to the WPD Lending Office with the arresting officers and, as seen on footage, escorted in and out of the location three times between 1:39 and 2:16 p.m.
National Police Commission (Napolcom) Vice Chairperson Rico Bernabe at a Palace briefing last Monday said the theory was that Mayo was directed to open the vaults.
After more senior officials arrived at the scene, at 4:45 p.m., an anti-drug operation was declared, in which office caretaker Ney Atadero was arrested and the shabu was confiscated. However, Mayo was excluded from the declared operation.
At 7:50 p.m., Mayo left with officers to conduct a 鈥渇ollow-up operation in Pasig City,鈥� but then PNP Chief Gen. Rodolfo Azurin Jr. ordered that Mayo be returned to WPD Lending Office.
The officers involved then staged a hot pursuit operation to arrest Mayo at Quiapo Bridge at 2:30 a.m. on Oct. 9 鈥渋n an attempt to address the irregularities in Sergeant Mayo鈥檚 earlier arrest and to cover up his subsequent release,鈥� according to Bernabe.
For his part, Santos was at the WPD Lending Office from 6:24 p.m. to 7:19 p.m.
鈥淣o witness testimony or admission from the other accused directly implicates him in any conspiracy. Jurisprudence dictates that mere presence at the scene of the crime does not in itself amount to conspiracy,鈥� the court order read.
鈥淔or conspiracy to exist, there must be clear and positive evidence of active participation, moral ascendancy, or overt acts furthering the commission of the offense,鈥� it added.
The order also provided that a warrant of arrest be issued against the 29 other officers for violating Section 29 of Republic Act No. 9165 or the Dangerous Drugs Act, which pertains to planting of evidence.
Those accused were not allowed to post bail.
The Manila RTC Branch 44 on Wednesday already ordered the arrest of Santos and 28 of the same police officers 鈥� excluding Mayo who was already in custody 鈥� for the delay and bungling in the prosecution of the drug case, which is Section 92 in the Dangerous Drugs Act.
The PNP reported that 10 of the 29 cops were already in its custody, as of Thursday morning.
Santos previously denied any involvement in the alleged cover-up, lamenting that there was 鈥渘o due process鈥� in implicating him in the case.
The January 17 order from the RTC Branch 175 also directed that Mayo, who had been under the custody of the Metro Manila District Jail in Taguig City, be transferred to the Manila City Jail.
The arraignment and pre-trial for Mayo鈥檚 case was set for the morning of Jan. 27, Monday.