Ombudsman

Ombudsman junks raps vs ex-AFP chief, 6 others

September 9, 2022 Cory Martinez 839 views

THE Office of the Ombudsman has junked for insufficiency of evidence the criminal charges filed against former Armed Forces of the Philippines (AFP) Chief of Staff, General Hernando Delfin Carmelo Iriberri and six others in connection with the alleged unauthorized importation of ammunitions in 2014.

In a joint resolution, the Ombudsman dismissed without prejudice the cases of arms smuggling; violation of Section 3 (e ), (g) and (j) of Republic Act 3019; estafa and grave misconduct against Iriberri; AFP Deputy Chief of Staff for Logistics Major General Job Yucoco and Police Chief Superintendent Elmo Francis Sarona of the Philippine National Police Civil Security Group, Firearms and Explosives Office (FEO).

Also exonerated from the cases were Eduardo del Mundo of Caballo Negro Industriya Corp.(CNIC); Alan Mendoza, Hasan Sahan and Gulderen Baglacer, all of the System Nomics Inc.

The Ombudsman, however, recommended that the complaints of private complainant Romulo Maningding, owner/manager of Roferma Enterprises be referred to the Field Investigation Bureau of the Office of the Ombudsman for the Military and Other Law Enforcement Offices for the conduct of fact-finding investigation on the following allegations – the importation of the 1,000 rounds of Ctg 105mm HE and its corresponding 1,000 pieces M739A1 PD Fuze for the Philippine Navy (PN) and the subsequent released by the Bureau of Customs (BOC) of said items despite the absence of a valid Authority to Import.

Other allegations that needs further investigation include the issuance of a Permit to Transport by the FEO of the 1,000 rounds of Ctg 105mm HE and its corresponding 1,000 pcs M739A1 PD Fuze for the PN despite the lack of a valid Authority to Import and whether the said items and the 4,500 rounds of Ctg 105mm HE with fuze for the Philippine Army were subjected to inspection and ballistics testing procedures by the FEO.

Records showed that in 2013, the AFP conducted public biddings for the supply and delivery of said items. The Turkey-based company Makina Ve Kimya Endustrisi Kurumu (MKEK) authorized its export manager, respondent Baglacer and marketing director, Akif Akgul to bid on its behalf.

Baglacer and Akgul, on the other hand, delegated said authority to complainant’s Roferma being granted an indentor’s license to deal in firearms and ammunitions, spare parts and accessories for sale to the AFP and PNP.

The MKEK through Roferma eventually won in both public biddings which prompted former AFP Chief of Staff Emmanuel Bautista and former Defense Secretary Voltaire Gazmin to issue Notices of Award and to Proceed for the procurement of 1,000 rounds of Ctg 105mm HE worth PhP33,683,000.00 and 4,500 rounds of Ctg 105mm HE with Fuze worth P132,075,000.00.

The AFP through Bautista and MKEK through Baglacer then entered into Contract Agreement on May 16, 2014 for the procurement of the 4,500 rounds of Ctg 105mm HE with Fuze while the Contract of Agreement for the procurement of 1,000 rounds of Ctg 105mm HE was executed by and between the AFP through Bautista and MKEK through Roferma in 2014. On May 9, 2014 and Sept. 5, 2014, the End-Users Certificates (EUC) were issued, respectively.

With the issuance of the EUCs and Contract Agreements, the AFP through Maj. Gen. Gamaliel Cruz requested on March 4, 2014 for the issuance of Authority to Import (ATI) in favor the AFP for the importation of the 1,000 rounds of Ctg 105mm HE for PN while on May 9, 2014, Brig. Gen. Victor also requested for an ATI for the importation of 4,500 rounds of Ctg 105mm HE with Fuze, and 1 ea Firing Table per ammunition box, all for the use of the PA.

The AFP through Bayani requested on Sept. 5, 2013 for the issuance of an ATI for the importation of 1,000 pcs M739A1 PD Fuze for the 1,000 rounds of Ctg 105mm HE for the use of PN.

In October 2014, the PNP granted to AFP through Roferma the ATIs.

Meanwhile, the subjects firearms and ammunitions were shipped from Turkey to the Philippines on Aug. 26, 2015 but even they arrived in the country, the MKEK through Baglacer and Hasan terminated Roferma’s authority as its local representative effective April 1, 2015 and appointed SNI represented by respondent Mendoza.

On Oct. 12, 2015, respondent Iriberri received a letter from MKEK informing him about its change of local agent from Roferma to SNI and requesting the reissuance of ATIs under the name of SNI. The MKEK also informed the PNP about the appointment of the CNIC represented by respondent Del Mundo to assist SNI and also requested for the issuance of ATIs in favor of SNI or CNIC.

For the meantime, two Permits to Transport (PTT) were issued on Nov. 2 and 6, 2015 by respondent Sarona upon the request of Del Mundo. The shipment of the said ammunitions arrived on Nov. 2, 2015 at the Subic port.

However, on Nov. 9, 2015 Civil Security Group (CSG) Director Elmer Soria denied the request of Yucoco for reissuance/revision of the ATIs since the ATIs to be revised were already cancelled as early as Aug. 25, 2015 upon the request of the complainant.

The complainant alleged that the importation of the ammunitions was not supported by a valid ATI and that respondents Mendoza and Del Mundo merely presented the PTTs to the unidentified officials and employees of the BOC Subic Bay Port and were able to claim the shipment.

In their counter-affidavits, the respondent military and police officers claimed that the charges against them were baseless since the questioned items were released upon presentation of the two ATIs which were not successfully cancelled.

“The regularity and legality of respondents’ actions are supported by the categorical declaration by the BOC that the importation is legitimate and by the PNP assessment sustaining the validity and binding effect of the ATIs,” the respondents added in their counter-affidavit.

In dismissing the cases, the Ombudsman focused on the issue of the complainant’s authority as indentor saying that the latter was confused in his role as indentor or procurement facilitator of the AFP and one hand, his duty as the appointed local agent of MKEK.

The Ombudsman said that based on record, it was the AFP who applied for the issuance of the ATIs and that said ATIs were granted to it “through Roferma,” only because Roferma was supposedly its exclusive indentor or agent.

“Being the principal, only the AFP and PNP and upon valid grounds, can revoke the ATIs. Roferma, on the other hand, being a mere agent, cannot at its own instance initiate the cancellation or revocation of the ATIs,” the Ombudsman added in its resolution.

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