Ex-Navy officer charged for failure to return issued guns

CEBU, Philippines – A former official of the Philippine Navy is now facing a case in court over his failure to return the assorted firearms issued to him despite demands for him to return them to the Armed Forces of the Philippines.

The Deputy Ombudsman for the Military and Other Law Enforcement Offices has elevated to the Regional Trial Court the malversation of public property case against former Lieutenant Senior Grade Dario Bernardino.

Bernardino reportedly misappropriated the government rifles and handguns under his custody and which he did not return when demanded by the AFP.

Graft investigator Conrado Estreller, Jr., recommended P40,000 for Bernardino's temporary liberty.

Estreller said he found probable cause in the complaint filed by Editha Macachor, the supply accountable officer of Central Command of the AFP based in Camp Lapu-Lapu, Cebu City.

"The failure of a public officer to have duly forthcoming any public funds or property with which he is chargeable, upon demand by any duly authorized officer, shall be prima facie evidence that he has put such missing funds or property to personal use," Estreller said.

On September 9, 2003 Bernardino, member of Philippine Navy of the AFP assigned at the Central Command, allegedly took advantage of his position by taking away five various units of rifles, four units of pistol and two units of grenade launcher amounting to P211,704 which he reportedly used for his personal benefit.

Macachor said the items were issued to Bernardino but the latter failed to return them despite the demand.

According to Estreller, the office of Ombudsman Military issued an order, with attached complaint-affidavit and supporting documents, dated November 26, 2007 to Bernardino to answer the complaint against him and submit his counter-affidavit. Bernardino, however, failed to answer the complaint and did not file his counter-affidavit to refute the allegations thrown to him.

Bernardino was dismissed from the military service, through General Orders Number 1320, on September 10, 2003, issued by then Secretary of the Department of National Defense through Chief of Staff, Gen. Narciso Abaya. (FREEMAN)