(Updated) Ex-Marines chief, 7 others charged over 2000 case of missing firearms

MANILA, Philippines - Criminal charges were filed on Wednesday against a former commandant of the Philippine Marine Corps and seven others before the Sandiganbayan over the loss of 72 units of Heckler and Koch MP5 sub-machineguns in June 2000. Accused were retired Brig. Gen. Percival M. Subala, former commandant of the Philippine Marine Corps; Col. Cesar A. dela Peña, then PMC Assistant Chief-of-Staff; Navy Capt. Teodoro M. Briones; and SPO4 Richard B. Zules. Also charged were civilians Edelbert C. Uybuco, Gerardo D. Vijandre, Manuel Ferdinand B. Trinidad and Michael R. Boregas. Prosecutors charged the defendants with illegal disposition of firearms based on alleged conspiracy to simulate the Marines' purchase of the firearms from Trimark Ventures Trading Corporation on June 21, 2000 which enabled them to secure a clearance to take out the guns from the PNP-Firearms and Explosives Division (FED). Trimark Ventures was an accredited firearms and ammunitions supplier of both the Philippine National Police and the Armed Forces of the Philippines . “(Defendants) transported the said firearms in the guise of delivering the same to the Philippine Marine Corps Headquarters at Fort Bonifacio, Makati City, but instead brought the said firearms to the office of Trimark Ventures… (and) were subsequently disposed to unauthorized persons or entities," prosecutors said. 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. “These firearms turned out to be part of the 72 units withdrawn from FED and licensed in the name of PMC," the Office of the Ombudsman said in its separate resolution, recommending the indictments. The same resolution was used as the basis for the withdrawal of two criminal cases against retired PNP Deputy Director General Reynaldo Varilla who was originally charged with graft and illegal disposition of firearms. Office of the Special Prosecutor acting bureau directors Jesus A. Micael and John I. C. Turalba noted that Varilla was charged simply on the basis of his signature approving the release of the firearms. But prosecutors said Varilla approved the release only because the paper works submitted to him were already complete. “Nowhere in the records could we find any evidence through which we may deduce that P/Chief Supt. Varilla was a participant to the planning, preparation and perpetration of the alleged disposition of firearms," the prosecutors pointed out. They said, a review of evidence showed dela Peña wrote FED for authority to purchase the MP5s and for the issuance of the gun licenses. The guns were released from FED on June 21, 2000 but it was only on June 28 – one week later – that dela Peña informed FED that the purchase was not consummated because of budgetary constraints. “(It) was a lame excuse, knowing that even from the inception of the alleged transaction, PMC had no budget nor the intention to purchase any firearms. B/Gen. Percival Subala authorized Co. dela Peña to write FED and he approved and signed what now appears to be a fraudulent purchase order. Capt. Teodoro M. Briones prepared and signed the purchase order knowing that there was no basis at all for its issuance," the Ombudsman resolution noted. All the private defendants were likewise found to be present during ballistics tests and during the loading and transporting the guns from the FED warehouse to the Trimark Ventures office, at which point the firearms disappeared. “The individual and collective participation of each of the above respondents, …were indispensable in facilitating the release of the firearms.., disguising PMC as the buyer and subsequently disposing off these firearms in flagrant violation of Sec. 1 of PD 1866," the Ombudsman declared. Prosecutors recommended that the graft court set a P120,000 bail bond for each defendant. - GMANews.TV