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thedrifter
06-07-09, 08:18 AM
Ex-Marine colonel, 3 others to face trial over ‘missing’ guns

Article posted June 07, 2009 - 01:17 PM

MANILA, Philippines - The Office of the Ombudsman has junked the appeals of four people, including a former Marine official, in connection with their alleged illegal disposition of high-powered military firearms nine years ago.

The prosecution dismissed the appeals of by retired Col. Cesar A. dela Peņa, former Navy Capt. Teodoro M. Briones, and private individuals Edelbert C. Uyboco and Gerardo D. Vijandre for lack of merit.

“The motions for reconsideration did not raise new and material evidence as well as errors of facts and law that will warrant a reversion of the earlier findings of this office on the existence of probable cause against (the defendants)," the prosecution said.

The Sandiganbayan had earlier ordered a re-evaluation of the case based on the allegation of the accused that there were no specific circumstances linking them to the loss of the guns; the information filed did not cite their supposed “motive"; there was no evidence of conspiracy among the respondents; and there was inordinate delay in the amendment of the information, in violation of their right to speedy disposition of their case.

In a five-page memorandum dated June 1, 2009 signed by Deputy Special Prosecutor Robert E. Kallos, the Office of the Special Prosecutor overruled all four arguments raised by the defendants.

Also named defendants were retired Brig. General Percival Subala, former commandant of the Philippine Marines; SPO4 Richard B. Zules; and Manuel Ferdinand B. Trinidad and Michael R. Boregas, representatives of private firearms dealer Trimark Ventures.

Prosecutors recommended bailbonds be set in the amount of P120,000 for each accused.

The case stemmed from the recovery of five MP5 sub-machineguns among 96 assorted short firearms and rifles seized from a Taiwanese-led gunrunning syndicate on October 5, 2000 in Subic, Zambales.

Investigators later traced the serial numbers of the five MP5s to a supposed delivery of 72 units to the Philippine Marines in June that year, which never reached the said command. - GMANews.TV

Ellie