'Euro Generals' escape charges of graft, illegal use of public funds
By AJ Siytangco
Published Oct 25, 2019 02:24 pm
By Czarina Nicole Ong Ki
The nine officials of the Philippine National Police (PNP), known as the "Euro Generals", have escaped their graft and illegal use of public funds case after the Sandiganbayan Second Division granted their demurrer to evidence.
Philippine National Police (MANILA BULLETIN)
The case against former Police Major General Eliseo Decena Dela Paz, Police Colonel Tomas Rentoy III, Police Lieutenant General Ismael Rafanan, Police Brigadier General Orlando Pestaño, Police Lieutenant Colonel Samuel Rodriguez, Police Lieutenant General Emmanuel Carta, Retired Police Lieutenant Romeo Ricardo, Police Major General German Doria, and Police Major General Jaime Garcia Caringal has been dismissed due to the insufficiency of the prosecution's evidence to prove their guilt beyond reasonable doubt.
They were initially slapped with violations of Section 3(a) and (e) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act as well as three counts of Article 220 of the Revised Penal Code or the Illegal Use of Public Funds.
This was for the reportedly illegal disbursement of P10 million from the confidential intelligence fund (CIF) of the PNP to be used as contingency fund and travel allowance of the PNP delegation to the 77th INTERPOL General Assembly in Russia.
The prosecution claimed that all the accused that they were disqualified under the General Appropriations Act (GAA) from travelling abroad to attend foreign trainings or conferences. The prosecution accused them of acting with deliberate intent to commit a wrongdoing.
However, the anti-graft court noted in its resolution that there is no evidence that such disregard was attended with the gravity required by law to hold them criminally liable for graft and corruption.
"There is no showing that the attendance of the officers did not benefit the PNP or the government. In fact, the evidence presented by the prosecution shows that the INTERPOL Assembly was an official activity and thus, negates the accused's alleged evident bad faith," the resolution read.
At the same time, there was no undue injury caused to the government since the subject fund was returned to the government and no Notice of Disallowance was issued. The prosecution tried to argue that it was the PNP that suffered undue injury because the fund was used for their travel instead of the "probable use of the fund."
"The law requires that the government, and not a specific agency or department, should suffer undue injury," the court explained. "Thus, when the fund was returned to the general fund, no undue injury was made to the government."
As for their charges for Illegal Use of Public Funds and Property, the anti-graft court stressed that there was no evidence that the expenses incurred by the PNP in its participation to the INTERPOL Assembly is not a covered expense.
The 55-page resolution was penned by Associate Justice Michael Frederick Musngi with the concurrence of Associate Justices Lorifel Pahimna and Georgina Hidalgo. Chairperson Oscar Herrera Jr. and Associate Justice Sarah Jane Fernandez offered dissenting opinions.
Philippine National Police (MANILA BULLETIN)
The case against former Police Major General Eliseo Decena Dela Paz, Police Colonel Tomas Rentoy III, Police Lieutenant General Ismael Rafanan, Police Brigadier General Orlando Pestaño, Police Lieutenant Colonel Samuel Rodriguez, Police Lieutenant General Emmanuel Carta, Retired Police Lieutenant Romeo Ricardo, Police Major General German Doria, and Police Major General Jaime Garcia Caringal has been dismissed due to the insufficiency of the prosecution's evidence to prove their guilt beyond reasonable doubt.
They were initially slapped with violations of Section 3(a) and (e) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act as well as three counts of Article 220 of the Revised Penal Code or the Illegal Use of Public Funds.
This was for the reportedly illegal disbursement of P10 million from the confidential intelligence fund (CIF) of the PNP to be used as contingency fund and travel allowance of the PNP delegation to the 77th INTERPOL General Assembly in Russia.
The prosecution claimed that all the accused that they were disqualified under the General Appropriations Act (GAA) from travelling abroad to attend foreign trainings or conferences. The prosecution accused them of acting with deliberate intent to commit a wrongdoing.
However, the anti-graft court noted in its resolution that there is no evidence that such disregard was attended with the gravity required by law to hold them criminally liable for graft and corruption.
"There is no showing that the attendance of the officers did not benefit the PNP or the government. In fact, the evidence presented by the prosecution shows that the INTERPOL Assembly was an official activity and thus, negates the accused's alleged evident bad faith," the resolution read.
At the same time, there was no undue injury caused to the government since the subject fund was returned to the government and no Notice of Disallowance was issued. The prosecution tried to argue that it was the PNP that suffered undue injury because the fund was used for their travel instead of the "probable use of the fund."
"The law requires that the government, and not a specific agency or department, should suffer undue injury," the court explained. "Thus, when the fund was returned to the general fund, no undue injury was made to the government."
As for their charges for Illegal Use of Public Funds and Property, the anti-graft court stressed that there was no evidence that the expenses incurred by the PNP in its participation to the INTERPOL Assembly is not a covered expense.
The 55-page resolution was penned by Associate Justice Michael Frederick Musngi with the concurrence of Associate Justices Lorifel Pahimna and Georgina Hidalgo. Chairperson Oscar Herrera Jr. and Associate Justice Sarah Jane Fernandez offered dissenting opinions.