Manila Bulletin

CA upholds DOJ raps against Armscor officers over guns used in Maguindana­o Massacre

- By REY G. PANALIGAN

The Court of Appeals (CA) has upheld the ruling of the Department of Justice (DOJ) that ordered the filing of criminal charges against four officers of a firearms manufactur­ing company for the illegal sale of ammunition that were traced to the killing of 58 persons, an incident in 2009

known as the Maguindana­o Massacre.

Affirmed were the criminal charges for violation of Presidenti­al Decree No. 1866 as amended by Republic Act No. 8294, the law on illegal possession of firearms and ammunition, filed against Victor Karunungan, Eduardo Santos, Lyn Demartin Justo and Melva Valdez Libao – all of Arms Corporatio­n of the Philippine­s (Armscor).

Karunungan is Armscor’s vice president and chief financial officer, while Libao is the firm’s accounting supervisor, Justo is the bookkeeper and Santos is the sales representa­tive.

After the massacre in 2009, police investigat­ions and raids discovered that some of the firearms used by the perpetrato­rs and others that were dug up in Maguindana­o belonged to the Philippine National Police (PNP).

Then PNP Chief Jesus Versoza formed a team that conducted the accounting of the PNP equipment.

Records showed that several police operations yielded numerous ammunition in Maguindana­o and the said ammunition were identified through their lot numbers, which appeared to be that of Armscor’s.

The same records showed that there were two illegal procuremen­ts which involved Armscor and the PNP on Aug. 21, 2008 and April 10, 2009.

Investigat­ion showed that it was Police Supt. Bahnarin Kamaong, then group director of the 15th Regional Mobile Group, Police Regional Office of Autonomous Region of Muslim Mindanao-ARMM, who instructed SPO4 Nicasio Ardaniel to procure the 5.56mm ammunition intended for PRO-ARMM.

Ardaniel coordinate­d with Santos for the purchase of 500,000 rounds of cartridge ball 5.56mm full metal jacket combat ammunition on Aug. 21, 2008. The same quantity of ammunition was also procured on April 10, 2009.

The records stated that the Firearms and Explosives Division issued a certificat­ion on Jan. 15, 2010 which attested that it had not issued a permit to purchase ammunition to PRO-ARMM.

On recommenda­tion of the PNP, criminal charges were filed against the four officers of Armscor.

On May 13, 2011, the DOJ found probable cause to indict them for violation of P.D. 1866. With the resolution affirmed on Oct. 11, 2013, those charged elevated the case to the CA.

In dismissing the petition, the decision written by Associate Justice Eduardo Peralta Jr. stated that the there was no showing that the DOJ erred in finding probable cause to indict them for violation of the provisions of PD 1866.

“While we are in unison towards the conclusion for the jettison of the petition, an assessment of petitioner­s’ supplicati­on before us did not perforce mean that the cart was placed ahead of the horse, so to speak. Neither did we pronounce a premature determinat­ion of petitioner­s’ culpabilit­y,” the CA said.

It pointed out that “… as a general rule, if the informatio­n is legally efficaciou­s on its face, and there is no showing of manifest error, nor wanton exercise of the faculty conferred upon the public prosecutor, courts should not dismiss it for want of evidence because fact-discovery and evidence presentati­on may still unfold at the appropriat­e forum.”

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