Ex-Marines chief, 7 others charged over loss of high-powered firearms

MANILA, Philippines – The former commandant of the Philippine Marines and seven others were charged before the Sandiganbayan over the loss of 72 submachineguns.

Charges of violation of Presidential Decree 1866 for “Illegal Disposition of Firearms” were filed against retired brigadier general Percival Subala before the Office of the Special Prosecutor (OSP) of the Sandiganbayan yesterday.

Also charged were Col. Cesar dela Peña, former Marine assistant chief-of-staff; Navy Capt. Teodoro Briones; SPO4 Richard Zules, along with businessmen Edelbert Uybuco, Gerardo Vijandre, Manuel Ferdinand Trinidad and Michael Boregas.

The charges stemmed from the loss of 72 Heckler and Koch MP5 submachineguns in June 2000.

Prosecutors charged the defendants with illegal disposition of firearms on the alleged conspiracy to simulate a purchase of the firearms from Trimark Ventures Trading Corp. which enabled them to secure a clearance to take out the guns from the PNP-Firearms and Explosives Division (FED).

Trimark was an accredited firearms and ammunitions supplier of 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... but instead brought the said firearms to the office of Trimark Ventures (and these) were subsequently disposed to unauthorized persons or entities,” prosecutors said.

Police later recovered the missing firearms in a raid at a beach resort in Subic, Zambales on Oct. 5, 2000.

Prosecutors said the cache of firearms seized included the missing MP5s.

In the same resolution by the prosecutors, it dismissed the same complaint against retired PNP Deputy Director General Reynaldo Varilla for lack of evidence.

Prosecutors noted that Varilla was charged because of his signature approving the release of the firearms.

Prosecutors said Varilla approved the release only because the documents submitted to him were complete.

They said the paper trail pointed to the defendants who made it appear that a legitimate purchase of the MP5s were made for the issuance of firearms license and permit to transport.

Authorities later found out that the purchase was not consummated by the Marines because of budgetary constraints.

But the firearms were already withdrawn from the FED for supposed delivery to Marine headquarters but these were diverted by the suspects.