The Sandiganbayan has junked the appeal of a former senior Philippine National Police (PNP) official to nullify a ruling convicting him on several counts of graft involving the AK-47 rifle scam in 2013 after he was a no-show in court at the time it release the decision.

In a resolution dated 14 January, the Sandiganbayan Sixth Division ruled that since former Firearms and Licensing Division chief SSupt. Eduardo Acierto failed to appear “without justifiable cause” during the promulgation of the judgment on 5 December, he lost standing in court and forfeited his right to appeal the ruling. 

Under the court’s rules, if the accused did not appear in the court on the scheduled promulgation, they lose available legal remedies, like appealing the decision, and can be ordered arrested. 

However, the court grants a 15-day window allowing the accused to surrender and explain their absence. If the court believes the reason is justifiable, then the accused will be allowed to avail the remedies within 15 days from notice. 

Court records showed that despite the notice of promulgation not personally delivered to Acierto since the address on record had no occupant, the same was received by his lawyer, thereby satisfying the requirement.

“As discussed earlier, despite notice, accused Acierto and his counsel failed to appear during the hearing for the promulgation of the assailed decision on December 5, 2025. The said decision was entered in the Book of Judgments on December 9, 2025, and accused Acierto's counsel received the copy of the said decision on December 11, 2025,” the anti-graft court said.

“Accused Acierto is, thus, deemed to have lost the remedies against the judgment available under the Rules of Court,” the resolution further reads.

Acierto was found guilty of 11 counts of graft in connection with the illegal approval of a firearms license deal involving at least 19 units of high-powered AK-47s from 2011 to 2013. 

The case originally involved 1,004 AK-47 rifles licensed by the PNP that were allegedly sold to the New People’s Army. 

The Ombudsman, which filed the case in 2015, found that PNP officers had given unwarranted benefits to four private companies by approving licenses for over 100 AK-47 rifles despite having received spurious and incomplete documents.

Acierto was a co-accused of several PNP officials, with former Firearms and Explosives Office chief BGen. Raul Petrasanta, found guilty of 15 counts of graft, as the principal accused.