Supreme Court clears 3 PNP generals in 'anomalous' gun purchase

MANILA, Philippines - The Supreme Court (SC) has cleared the late Philippine National Police chief Cesar Nazareno and two other PNP generals of graft charges in the alleged overpricing of 5,681 .45 caliber pistols in 1990 and 1991.

The High Court ruled that an earlier decision of the Sandiganbayan acquitting Nazareno, PNP directors Nicasio Custodio and Everlino Nartatez was already final and executory.

Citing a double jeopardy clause in the Constitution as basis, the Court junked a government petition seeking a review of the Sandiganbayan ruling.

The double jeopardy clause, according to the ruling penned by Associate Justice Arturo Brion, provides that “no person shall be twice put in jeopardy of punishment for the same offense.”

The SC said the government’s petition also violated Rule 45 of the Rules of Court as it “puts it on a direct collision course with the constitutional proscription on double jeopardy.”

The charges against the three PNP generals stemmed from three separate contracts they entered into with Beltra Industries for the purchase and delivery of Thompson brand .45 caliber pistols.

The first of the contracts, covered by a purchase order dated Nov. 8, 1990, was for the delivery of 2,822 pistols at P18,550 each, for the total amount of P52.35 million.

The second was covered by a purchase order dated April 24, 1991 for 1,617 pistols valued at P29.99 million, while the third transaction was covered by a purchase order dated May 5, 1992 for 1,242 pistols at a total cost of P23.03 million.

The purchase orders were signed by Nazareno and Nartatez while the checks were signed by Custodio.

Following allegations of overpricing, then President Fidel Ramos ordered the creation of a tri-agency investigating committee, which found no overpricing or collusion among the officers of the PNP involved in the transactions.

The Commission on Audit (COA), for its part, found that the three transactions were allegedly overpriced by as much as P45 million.

Consequently, the Office of the Special Prosecutor filed a graft case against the police officials with the Sandiganbayan.

In acquitting the three police officials, the Sandiganbayan ruled that the comparison with the prices of the pistols bought by the military was not enough to establish overpricing.

The anti-graft court also pointed out that COA’s audit team used a flawed procedure in concluding that there had been overpricing.  – Edu Punay