Camarines Sur 2nd District Rep. Luis Raymund “LRay” F. Villafuerte has been cleared by the Sandiganbayan on the P6.3 million security service contracts he entered into in behalf of the province when he was governor in 2008 and 2009.
In a 4-1 vote of the Sandiganbayan justices, the anti-graft court granted Villafuertes’ demurer to evidence on his motion that the evidence of the prosecution was weak after its presentation during trial.
Villafuerte was charged with violations of Section 3(e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act, for the contracts he entered into with Tigon Security Investigation and General Services, Inc. from July 2008 to December 2009.
The graft charge against Villafuerte's co-accused -- former Rural Health Physician Bernadette Galan Carlos and Medical Officer III Gerardo Nolasco Villafuerte -- was dismissed earlier last Feb. 3, also on a demurrer to evidence.
In his demurrer, Villafuerte said that the prosecution relied mainly on the lack of public bidding to prove that he acted with manifest partiality, evident bad faith, or gross inexcusable negligence.
But the prosecution, he pointed out, failed to prove overt acts on his part to constitute the crime of graft.
In a resolution promulgated last March 2, the anti-graft court said Villafuerte’s demurer to evidence has merit because the prosecution’s evidence was “wanting, bereft of concrete and specific basis to establish any of the imputed modes of commission" of the crime.
The resolution written by Associate Justice Alex L. Quiroz stated that while witnesses testified that Villafuerte did not conduct public bidding, not one of them attempted to prove the existence of manifest partiality, evident bad faith, or gross inexcusable negligence to constitute violation of the law.
"In the present case, the prosecution failed to prove beyond reasonable doubt that accused is guilty of the offense charged against him -- the constitutional presumption of innocence in favor of the accused is sustained," the court ruled.
Associate Justices Lorifel L. Pahimna, Michael Frederick E. Musngi, and Bernelito R. Fernandez concurred in the resolution. Associate Justice Bayani H. Jacinto dissented.