The Supreme Court has upheld the acquittal by the Sandiganbayan of one of the graft charges filed against former Caloocan City Mayor Enrico “Recom” Echiverri for lack of evidence.
In a decision, the SC’s Second Division dismissed a petition by the Office of the Ombudsman assailing the decision of the anti-graft court’s to grant Echiverri’s demurrer to evidence that resulted his acquittal for one of more than 40 cases.
The tribunal sustained the April 16 and June 13, 2018 resolutions of the Sandiganbayan clearing Echiverri and two former city officers of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act due to the “failure of the prosecution to establish their guilt beyond reasonable doubt.”
The SC said that the Ombudsman, through the Office of the Special Prosecutor, failed to “sufficiently show” that the Sandiganbayan gravely abused its discretion when it granted the former mayor and his co-accused’s demurrer to evidence.
The high court also affirmed the acquittals of former city accountant Edna Centeno and former city budget officer Jesusa Garcia.
A demurrer to evidence is a motion to dismiss the case on the basis of lack of sufficient evidence to convict the accused. One can be filed after the prosecution rests its case.
The Ombudsman had alleged that the accused awarded an P8-million contract for a local road and drainage system improvement project to P.B. Grey Construction without authorization from Caloocan City’s Sangguniang Panlungsod.
Centeno and Garcia were also charged with the crime of falsification of public documents.
In April, the Sandiganbayan ruled that there was “no evidence to even hint” Echiverri was motivated by bad faith in entering into a contract for the project. All three were acquitted of graft, while Centeno and Garcia were cleared of charges for falsification of public documents.
This prompted the Office of the Ombudsman to run to the SC for relief.
But the SC agreed with the Sandiganbayan’s ruling that granting the demurrer to evidence was “warranted” because the prosecution’s evidence showed the former mayor was authorized by an ordinance to enact a supplemental budget to enter into city development projects, including the allegedly anomalous road and drainage improvement bid.
The SC ruled that the Ombudsman prosecutors’ evidence also showed the project underwent the required procurement process, “thereby eliminating the possibility that it was entered into by respondents with manifest partiality or with gross inexcusable negligence, and/or that it resulted in undue injury or actual damage” to the local government.”
The tribunal also held that since the granting of the demurrer to evidence “operates as an acquittal,” reopening the case will subject the former accused to double jeopardy, which violates the Constitution.
None of the exceptions to the rule against double jeopardy are present in the case, it added.
“As such, respondents’ acquittal can no longer be overturned,” the SC declared.
However, Echiverri is far from being off the hook, as he still faces at least 40 more pending graft cases, in connection with his alleged misuse of P235.65 million out of a loan he entered with the Landbank of the Philippines for various local infrastructure projects.
