MANILA — The Sandiganbayan has ruled that prosecutors failed to show any actual damage to the government or gun owners in the controversial 2011 firearms-license courier service deal, leading to the acquittal of former Philippine National Police (PNP) chief Alan Purisima and 16 other accused officials and private individuals.
In its decision, the anti-graft court’s Sixth Division held that the prosecution “failed to prove the guilt of the accused beyond reasonable doubt. They must, therefore, be acquitted of the crime charged.”
Purisima had been charged with violating Section 3(e) of the Anti-Graft and Corrupt Practices Act for approving a memorandum of agreement with Werfast Documentary Agency, Inc. to implement a computerized courier system for firearms license delivery and renewal.
Government lawyers earlier argued the deal was irregular, saying it bypassed competitive bidding and that Werfast lacked basic qualifications when the contract was signed in May 2011. They pointed out that the firm had no track record as a courier service, was not registered with the Securities and Exchange Commission at the time, and had no authority from the then-Department of Transportation and Communications to operate.
Also cleared were former personnel of the PNP Civil Service Group, the Firearms and Explosives Office (FEO), and several Werfast incorporators.
According to the ruling, the evidence did not support allegations that police officials and Werfast representatives acted together to irregularly accredit the company.
“…It follows that the alleged conspiracy between, and among the accused police officers on the one hand, and the private individuals in this case, on the other, never existed,” the court stated.
“Considering that the accused police officers were declared innocent of any wrongdoing, it stands to reason that the accused private individuals in this case had no one to conspire with,” it added.
While the court acknowledged reports of delays in the delivery of firearms licenses, it said these did not constitute sufficient proof of actual loss or injury.
“This Court is not oblivious to the alleged failure of Werfast to satisfactorily perform its assigned task of delivering the firearms licenses processed and issued by the FEO,” the magistrates said.
“This Court notes that there were reports of delayed deliveries… While it may be argued that such delays may partake of the nature of damage or injury suffered by the gunowners…, the prosecution failed to substantiate such supposed damage or injury.”
The court stressed that prosecutors failed “to prove with actual certainty the supposed loss or damage and to provide sufficient and reasonable basis which this Court can measure.”
Following the acquittal, the Sandiganbayan ordered the lifting of hold departure orders against the accused and instructed the Bureau of Immigration to remove their names from its watchlist./PN
