Ombudsman Conchita Carpio Morales has ordered the filing of Informations with the Sandiganbayan against top officials of the Philippine National Police (PNP), namely: P/Dir. Gil Meneses of the Civil Security Group, P/Dir. Napoleon Estilles of the Firearms and Explosives Office (FEO), P/CSupt. Raul Petrasanta, P/CSupt. Tomas Rentoy III, P/CSupt. Regino Catiis, P/SSupt. Eduardo Acierto, P/SSupt. Allan Parreño, P/Supt. Nelson Bautista, P/CInsp. Ricardo Zapata, Jr., P/CInsp Ricky Sumalde, SPO1 Eric Tan, SPO1 Randy De Sesto, Non-uniformed Personnel(NUP) Nora Pirote and Sol Bargan, and Isidro Lozada of Caraga Security Agency (Caraga) for their involvement in the anomalous issuance of firearm licenses for AK47 rifles from August 2011 to April 2013.
In a 39-page Order, Ombudsman Morales directed the immediate filing of Information for multiple counts of violations of Sections 3(e) against the above-mentioned officials and individual, and 3(j) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act) against Estilles and Petrasanta.
Respondents were found to have conspired in facilitating, processing and approving the applications for firearm licenses of Caraga, Isla Security Agency (Isla), Claver Mineral Development Corporation and JTC Mineral Mining Corporation despite incomplete or falsified applications and supporting documents.
Most of the firearms were also released immediately even when some of the requests for their withdrawal from storage were not signed by the requester.
Investigators discovered the following irregularities, among other things: 1) issuance of firearms licenses to Caraga despite an expired license to operate; 2) processing of Caraga’s applications without verifying the number of firearms already issued to it, which resulted in the issuance of licenses beyond the limit allowed by regulation; 3) recommendations for approval of the firearm licenses without proper verification and checking; 4) Meneses’ handwritten notations to expedite processing; and 5) the absence of verification of the identity and capacity of Isla to purchase high-powered firearms.
According to Ombudsman Morales “the public respondents failed to act in accordance with their respective duties in processing the questioned firearms license applications” and “that their acts/and or omissions demonstrate that they are guilty of gross inexcusable negligence and evident bad faith.”
Meanwhile, Ombudsman Morales dismissed the charges against P/CInsp. Rodrigo Benedicto Sarmiento, NUP Enrique Dela Cruz, and Twin Pines representatives, namely: Servando Topacio, Marie Ann Topacio, Alexandria Topacio, Hagen Alexander Topacio, Thelma Castillejos, Sherry Lyn Fetalino and Lourdes Logronio, for lack of probable cause.
Section 3 (e) of R.A. No. 3019 prohibits public officials from causing any undue injury to any party, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence.
Section 3(j) prohibits public officials from knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified for or not legally entitled to such license, permit, privilege or advantage, or of a mere representative or dummy of one who is not so qualified or entitled.
