Dela Paz, wife seek SC relief from Senate arrest
abs-cbnNEWS.com | 10/28/2008 3:02 PM
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Retired national police comptroller Eliseo dela Paz asked the Supreme Court on Tuesday to issue a temporary restraining order against a Senate order to arrest him and his wife.
In a 19-page petition for certiorari and prohibition with prayer for preliminary injuction and TRO, dela Paz questioned the jurisdiction of the Senate foreign relations committee to investigate him for carrying P6.9 million worth of undeclared euros in an official trip to Moscow.
Dela Paz said the Senate panel should only investigate state to state relations and matters involving overseas Filipino workers and not small incidents of violations of customs laws in other countries.
He added that his non-declaration of the euros is not considered a state issue.
The retired police official said Sen. Miriam Defensor Santiago, chairwoman of the Senate panel, abused her position when she ordered his arrest after he failed to appear in the Senate hearing on October 23.
The petition urged the Supreme Court to stop the Senate investigation and nullify the Senate arrest warrant. The high court is currently on recess from October 22 to November 7.
Philippine National Police chief Jesus Verzosa earlier recommended the filing of charges against dela Paz and three other senior police officers for the unauthorized release of P7 million from the police intelligence fund.
Aside from De la Paz, the other respondents are Chief Superintendent Orlando Pestano, head of the PNP Finance Service; Senior Superintendent Tomas Rentoy, budget division chief of the Directorate for Comptrollership, and Superintendent Samuel Rodriguez, disbursing officer of the Directorate for Intelligence.
PNP chief Director General Jesus Verzosa said copies of the report prepared by the PNP Directorate for Investigation and Detective Management (DIDM) will be submitted to the Senate committee on foreign relations and to the National Police Commission that are both conducting inquiries on the seizure of 195 euros from Dela Paz in an airport in Moscow, Russia last Oct. 11.
“Based on the findings of the DIDM, there is reasonable basis to file criminal as well as administrative charges against the concerned police officers, particularly those involved in the funding, release, and disbursement of funds used in the official mission of the 8-man PNP delegation to the 77th International Police (Interpol) General Assembly held in Russia,” said Verzosa during a press conference held at PNP headquarters in Camp Crame, Quezon City.
Dela Paz and his wife Maria Fe were caught carrying undeclared cash worth 105,000 euros, or P6.9-million, at the departure area of a Moscow airport after they attended the Interpol conference together with seven other police officials.
Russian customs officials cleared Dela Paz and his wife after the PNP sent documents that proved that the undeclared money belonged to the police force and did not originate from an illegal activity. The couple was held in a Moscow hotel for 10 days before they were allowed to come home.
Verzosa directed the Criminal Investigation and Detection Group (CIDG) to file the charges against the police officers as recommended by DIDM led by Chief Superintendent Raul Bacalzo. He said the possible charges to be filed would be malversation of public fund, graft and corrupt practices, and violation of the Central Bank act.
Bacalzo said the investigation determined the source of the funds but it was only Dela Paz who could say where he was supposed to use them.
“I ordered all PNP officers who attended the 77th Interpol conference in Russia to submit individual liquidation reports of the P274,070.00 cash advance that each of them received or totaling P2.192-million,” said Verzosa.
The Interpol delegation included Emmanuel Carta, PNP’s Deputy Chief for Administration (DCA), Deputy Director General Ismael Rafanan, Deputy Chief for Operation (DCO); Chief Superintendent Romeo Ricardo, Director for Plans; Chief Superintendent German Doria, Chief for Human Resources and Doctrine Development Chief Superintendent Silverio Alarcio, Director for Operations and Western Mindanao police chief Director Jaime Caringal, and Superintendent Elmer Pelobello.
Verzosa also directed the CIDG to coordinate with Ninoy Aquino International Airport customs authorities and file appropriate charges before the Ombudsman against Dela Paz for violation of Section 36 of Republic Act 7653 or the New Central Bank Act for failure to declare the 105,000 euros he brought out of the country when he traveled to Russia.
Verzosa assured the people that the 105,000 or the P6.9 million remains in the custody of the Russian government, thus he ordered the PNP Directorate for Intelligence to coordinate with Russian officials about the status of the money.
