Gunsmith charged over missing guns

For allegedly failing to repair and return eight government-owned firearms despite repeated demands, a gun shop owner and manager is now facing charges before court.

Prosecutor Gandhi Truya held Mario Abangan Jr., owner and manager of U-Mars Gun Shop, for trial after finding probable cause for estafa.

"In the instant case, the undersigned finds that there was sufficient evidence to indict respondent as can be gleaned from the job order issued by the shop of the respondent U-Mars Gun Shop, acknowledgement receipt of equipment, the uncontested allegation that the firearms listed in the job order were not returned and the unheeded final demand letter dated November 3, 2014," read the comment on review.

Truya recommended a P40,000 bail for Mario Jr.'s temporary liberty while the case is pending before the court.

Senior Jail Officer 1 Celerino Gomez III, chief of the General Service and a regional supply noncommission officer of the Bureau of Jail Management and Penology-7, said on August 29, 2013, he turned over the eight-government owned guns U-Mars Gun Shop for repair.

At that time, he said U-Mars Gun Shop was owned by late Mario Abangan Sr. and managed by Mario Jr. It was Mario Jr., who received the guns with a total value of P152,150.08 as reflected in the job order document.

Gomez alleged after paying the full payment for the repairs on December 17, 2013, he asked for the returned of the guns but he was told to come back the next day since the guns were in another location for safekeeping.

The following day, he called the shop to ask if the guns were ready for pick-up, but he was told they were not yet available.

Gomez said he made a series of follow-ups and sent a demand letter but to no avail. This prompted them to file a complaint for estafa before the Cebu City Prosecutor's Office against Mario Sr. and Mario Jr. which was handled by state prosecutor Aurora Peñaflor.

In her resolution, Peñaflor recommended the dismissal of the complaint citing Gomez failed to establish fraud and deceits, the elements of estafa.

“Generally, for estafa to prosper, the offender defrauded another by means of abuse of confidence or by means of deceit; there is damage or prejudice capable of pecuniary estimation to the offended party," she said.

However, reviewing officer Truya found probable cause to hold the two for trial.

He cited Joel Libuit v. People, a Supreme Court decision, where the SC affirmed the conviction of Libuit for estafa after he failed to return the car which complainant Domingo Del Mundo brought to his shop for repairs.

After Mario Sr. died on November 29, 2016, Truya said the case against him will be dropped pursuant to Article 89 of the Revised Penal Code; death totally extinguishes the criminal liability.

Truya recommended the filing of estafa against Mario Jr., before the court, this was approved by city prosecutor Liceria Lofranco-Rabillas.