Friday, June 27, 2008
Raps vs ex-police general in illegal gun disposal junked
THE Sandiganbayan has cleared former Police Deputy Director General Reynaldo Varilla of graft and illegal disposal of firearms charges in connection with loss of high-powered firearms taken out of the PNP (Philippine National Police) warehouse in June 2000.
In a resolution promulgated last June 16, the three-member Fifth Division ordered the dismissal of the cases as it granted the prosecution's motion seeking to withdraw the charges against Varilla.
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"No comment/objection having been interposed thereto, the Manifestation with Omnibus Motion dated March 17, 2008 filed by the prosecution is hereby granted," stated in the resolution penned by Associate Justice Napoleon Inoturan.
Associate Justices Roland Jurado and Cristina Cortez-Estrada, division chairperson, concurred with the ruling.
Ombudsman prosecutors recommended the dismissal of the charges against Varilla after conducting a reinvestigation ordered by the Sandiganbayan as early as 2004.
In their findings released last March, prosecutors Jesus Micael and John Turalba said they found no probable cause to charge Varilla because his only participation in the cases was only in the approval of the application for license of the subject firearms, which actually "involves the very function he had to discharge in the performance of his duties."
Instead, the prosecutors re-filed the cases and named retired Brigadier General Percival Subala, former commandant of the Philippine Marine Corps (PMC), and seven others as responsible for the loss of 72 units of Heckler and Koch MP5 caliber .9mm sub-machineguns.
Charged along with Subala were his then assistant chief of staff, Colonel Cesar dela Peña, Navy Captain Teodoro Briones, Senior Police Officer 4 Richard Zules, and private individuals Edelbert Uybuco, Gerardo Vijandre, Manuel Trinidad and Michael Boregas.
They were charged with violation of Section 1 of Presidential Decree 1866 or illegal disposal of firearms, which is punishable by imprisonment of six years and a fine of P30,000, if proven.
Prosecutors alleged that Subala and his co-accused conspired to simulate PMC's purchase of the sub-machineguns from Trimark Ventures Trading Corp. on June 21, 2000, which enabled them to secure a clearance to take out the guns from the Firearms and Explosives Division (FED) of the PNP.
Trimark Ventures, with Trinidad as its president, was accredited firearms and ammunition supplier of both the PNP and the Armed Forces of the Philippines (AFP).
According to the prosecutors, the transaction was initiated by dela Peña, when he, with the consent and approval of Subala, wrote a letter to FED requesting authority to purchase the subject firearms in behalf of PMC.
They said dela Peña applied for the issuance of Firearms License for Juridical Entity for the firearms in the name of PMC, which were all approved by FED on the basis of documents he submitted, including a purchase order prepared by Briones and approved by Subala, the application for firearms license, permit to transport firearms and ammunition, and the authority to withdraw firearms.
"Once in possession of the documents and on the basis thereof, accused Boregas, with the consent of (Trinidad), withdrew the aforesaid firearms from FED and thereafter, Boregas, Uybuco, Vijandre and Zules, acting as official escorts designated by FED, transported the said firearms in the guise of delivering the same to the PMC Headquarters at Fort Bonifacio in Makati City, but instead brought the said firearms to the office of Trimark Ventures Trading Corp., which were subsequently disposed to unauthorized persons or entities," the prosecutors alleged.
Prosecutors noted that on October 5, 2000, a task force led by the Criminal Investigation and Detection Group (CIDG) raided a beach resort in Subic, Zambales and apprehended members of a gunrunning syndicate from whom lawmen seized several firearms, including five HK-MP5s.
They said these firearms turned out to be part of the 72 units withdrawn from FED and licensed in the name of PMC. (Sunnex)
For more Philippine news, visit Sun.Star Davao. (June 27, 2008 issue)
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