“For insufficiency of evidence,” the Sandiganbayan acquitted Sen. Ramon “Bong” Revilla Jr. of his 16 graft charges that were filed in connection with his P224.5 million Priority Development Assistance Fund (PDAF).
With his acquittal through the grant of his demurrer to evidence, Revilla now has no more pending cases before the Sandiganbayan.
On Dec. 7, 2018, the anti-graft court dismissed Revilla’s plunder case that arose from the same P224.5 million PDAF.
His co-accused in the cases, businesswomen Janet Lim Napoles, will continue to face trial since her demurrer to evidence was denied by the anti-graft court.
The charges against Revilla’s chief of staff, lawyer Richard Cambe, had been dismissed on account of his death.
A demurrer to evidence is a plea filed by an accused in a criminal case to dismiss the charges on alleged weakness of the prosecution’s evidence. If granted, the accused is acquitted. If denied, the accused has to present his evidence during the trial.
In granting Revilla’s demurrer to evidence which is tantamount to an acquittal, the Sandiganbayan’s first division composed of three justices did not reach a unanimous decision.
Thus, a special division of five justices was formed to resolve the issue.
Associate Justices Geraldine Faith A. Econg, Rafael R. Lagos, and Edgardo M. Caldona ruled to grant Revilla's demurrer, while Associate Justices Efren N. Dela Cruz and Bayani H. Jacinto dissented.
In its 196-page resolution, the Sandiganbayan said that Revilla's liability for the graft charges could no longer be determined as these offenses were already included in the plunder case.
"It could then be safe to conclude that the actions from which these 16 counts of violation of Section 3(e) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act) are based on are the same predicate acts in the charge of plunder," it said.
It pointed out that there was no established evidence that Revilla received kickbacks from Napoles -- which is exactly what got him off the hook in his plunder charge.
"The glaring absence of evidence proving that accused Revilla directly received the proceeds from the PDAF projects or any money from accused Napoles that motivated him to give her and her NGOs unwarranted benefits to the detriment of the government, cannot be ignored by this court," it stressed.
"The continued lack of evidence that would prove beyond reasonable doubt accused Revilla's involvement in these PDAF transactions leads to a conclusion not different from that reached in the plunder case," it noted.
As to Napoles' demurrer to evidence, the anti-graft court decided to dismiss her plea. It said the matters raised by Napoles on her demurrer to evidence "could not yet be determined by the court at this stage since these are evidentiary matters that can be exposed during the presentation of her defense."
Since whistleblower Benhur Luy categorically said that he used to be employed by Napoles' JLN Corporation and helped perpetrate the PDAF scam, it is incumbent upon Napoles to present evidence to refute that, it said.
Also, the Sandiganbayan dismissed the eight graft charges of former Department of Budget and Management (DBM) Undersecretary Mario L. Relampagos, specialist Rosario S. Nuñez, and administrative assistants Marilou D. Bare and Lalaine N. Paule by granting their demurrer to evidence.
The demurrers to evidence of National Agribusiness Corporation (NABCOR) representative Encarnita Cristina P. Munsod, who has two graft charges, and former National Livelihood Development Corporation (NLDC) director Chita C. Jalandoni, who has seven graft charges, were also granted.