MANILA, Philippines – Senator Alan Peter Cayetano has filed administrative complaints against Department of Transportation and Communication (DOTC) Secretary Joseph Emilio Abaya and some officials at the Ninoy Aquino International Airport (NAIA) for their purported ‘gross inaction and neglect of duty’ amid the recent proliferation of ‘tanim-bala’ scam at the airport.
Cayetano was joined by Volunteers Against Crime and Corruption (VACC) Chairman Dante Jimenez in filing the complaint holding Abaya and Manila International Airport Authority (MIAA) general manager Jose Angel Honrado, Office for Transportation Security (OTS) administrator Roland Recomono, and Philippine National Police-Aviation Security Group (PNP-Avsegroup) director Pablo Francisco Balagtas administratively liable under Executive Order 226.
Under EO 226 or “Institutionalization of the Doctrine of Command Responsibility in all Government Offices”, a public official is deemed to be knowledgeable of any illegal acts committed within his area of responsibility.
“The heart of the cause of action of this complaint is the gross inaction of the respondents, even amidst knowledge of the crime or offense of their subordinates or lapses within their jurisdiction,” read the complaint.
Cayetano also lambasted the government for acting late in investigating the case despite the series of similar incidents that took place over the past weeks.
“While cases are being investigated now, it took the government more than one month before conducting a meeting at the level of DOTC, to discuss this ‘laglag-bala,’” the vice presidential aspirant told reporters in a press conference.
The complaint further sought for the dismissal from office of Abaya and the three NAIA officials for alleged ‘gross inaction’ and ‘gross neglect of duty’.
“If our officials cannot solve these issues fast and ensure the safety and well-being of the people they sworn to protect, then I see no point in making them remain in office,” Cayetano said.
“They should be dismissed and removed from their post,” he added.
Other lawmakers, among them Senators Miriam Defensor-Santiago, Ralph Recto and Grace Poe, have separately filed resolutions seeking investigations into the ‘tanim-bala’ controversy.
“The perpetrators of the alleged scam are brazen, perhaps because they know they will not be punished. We must prove them wrong,” Santiago, a leading presidential aspirant, said in a statement.
Meanwhile, Attorney Persida Acosta, the chief officer of Public Attorney’s Office (PAO), warned the individuals behind the so-called “laglag-bala” scam on Monday that they will assuredly be facing criminal charges and will be sentenced to “reclusion perpetua” once found guilty.
According to Acosta, those people who will be proven guilty of planting or inserting evidence, like a bullet, to implicate an innocent individual could face charges with violations of the Revised Penal Code and Republic Act No. 10591 or the Comprehensive Firearms and Ammunition Regulation Act.
“Any incriminatory act of planting/ inserting etc. [of]evidence can be criminally charged of ‘incriminatory machinations’ under Article 363 of the Revised Penal Code (arresto mayor) and Section 38 of the Comprehensive Firearms Act R.A. No. 10591,” said Acosta.
Article 363 of the Revised Penal Code states, “Any person who, by any act not constituting perjury, shall directly incriminate or impute to an innocent person the commission of a crime, shall be punished by arresto menor.”
The PAO chief also emphasized that once found guilty of violating Section 38 of RA 10591, a public officer will be punished with a penalty of “reclusion perpetua.”
Acosta is advising overseas Filipino workers and other travelers to contact the PAO if they will be victimized by the alleged laglag-bala scheme at the airport.
“Please call PAO hotline 929-94-36 or 029299436 in case you are being charged of alleged ‘laglag bala,’” the PAO chief said.
