AFP chief Iriberri named respondent in arms smuggling, graft complaint

Armed Forces of the Philippines (AFP) chief of staff Lt. Gen. Hernando Iriberri and two other high-ranking military and police officials are accused of arms smuggling and graft for allegedly allowing a local dealer to import high explosive ammunition without a valid permit.

 

In a 24-page complaint filed before the Office of the Ombudsman on Friday, former police officer-turned-firearms dealer Romulo Maningding said Iriberri and his six co-accused must be held liable for arms smuggling as defined under Section 3 (d) of Republic Act 10591 or the Comprehensive Law on Firearms and Ammunition.

 

Maningding said the respondents must also be held liable for violation of Sections 3 (e) and 3 (g) of RA 3019 or the Anti-Graft and Corrupt Practices Act as well as for committing fraud as defined under Articles 214 of the Revised Penal Code (RPC) and prohibited transactions as defined under Article 215 also of the RPC.

 

Section 3 (e) of R.A. No. 3019 prohibits a public official, in the discharge of his official functions, from inflicting any undue injury or giving unwarranted benefits, advantage or preference to any person or entity.

 

Meanwhile, Section 3(g) of RA 3019 prohibits the act of entering, on behalf of the government, into any contract or transaction manifestly and grossly disadvantageous to the government, "whether or not the public officer profited or will profit thereby.”

 

Aside from Iriberri, also named as respondents in the complaint were Army Support Command (ASCOM) deputy commander Brig. Gen. Job Yucoco and PNP Firearms and Explosives Office (FEO) chief Chief Supt. Elmo Francis Sarona.

 

Also included in the complaint were four private individuals namely; Eduard Del Mundo of the local company Caballo Negro Industriya Corp., Alan Mendoza of System Nomics Inc., Turkish national Gulderen Baglacer, export manager of the Turkish firm Mechanical and Chemical Industry Corporation or MKEK and Hasan Sahan, marketing director of MKEK.

 

“All respondents’ actions show conspiracy to violate other domestic Philippine laws in order to commit the said crime of Arms Smuggling,” Maningding said.

 

Maningding’s complaint stemmed from the alleged illegal importation and release of 5,500 rounds of howitzer ammunition from the United States on Novermber 4, 2015 by MKEK’s appointed local dealer, System Nomics.

 

Maningding recounted that his company Roferma Enterprises (Roferma) was appointed in 2012 as the local dealer and representative of MKEK in the supply of firearms and ammunition to the AFP and PNP under a license which, he claims, remains valid until February 24, 2016.

 

However, on April 1, 2015, Maningding said MKEK terminated the appointment of Roferma as its local dealer and was replaced by System Nomics, Inc.  The MKEK also appointed Caballo Negro Industriya to assist System Nomics.

 

“As the appointed local representative of MKEK, Roferma participated in, and won several public biddings for the supply of various ammunition…I was never given any prior communication by MKEK as to their grounds for cancellation of my company’s agency nor did their Official Announcement cited any such ground for cancellation,” Maningding said in his complaint.

 

Maningding said that while he had accepted the cancellation of his company’s appointment, it was unlawful for Iriberri, Yucoco and Sarona to allow System Nomics and Caballo Negro to import MKEK’s products from its manufacturing plant in the US as the two local companies has no valid award of contract and import and export licenses.

 

“Both System Nomics, Inc. and Caballo Negro Industriya did not participate in any public bidding for the delivery of the subject ammunition, nor were they issued any Notice of Award, Contract of Agreement, Notice to Proceed, End-User Certificate, Authority to Import and approved Export License from the country of origin,” Maningding said in his complaint.

                 

“Yet, despite these lack of license, lack of authority to import and lack of prior public bidding, BGen. Job S. Sycoco acting on command and order of Lt. Gen. Hernando Iriberri and PNP Police Chief Superintendent Elmo Francis O. Sarona, gave undue benefit, privilege and advantage to Alan Mendoza and Eduard Del Mundo, who are not qualified or licensed, by facilitating the unlawful release into this country of the smuggled ammunition,” Maningding added.

 

Maningding also included in his complaint several “John Does” from the Bureau of Customs that the Ombudsman may identify in its probe as the ones who allowed the release of the imported ammunition from Subic Port in Subic Bay, Pampanga.

 

Maningding also prayed to the Ombudsman to place Iriberri, Yucoco and Sarona under preventive suspension while it is still investigating the complaint to prevent them from using their position and influence in “frustrating” the probe such as by destroying the documentary evidence or preventing the introduction of additional witnesses, among others.

 

GMA News Online is in the process of seeking Iriberri's comment on the complaint.  — ELR, GMA News