The Sandiganbayan has acquitted Estela P. Ramos, former vice president of the Finance and Treasury Department of the Philippine Amusement and Gaming Corporation (PAGCOR), for lack of evidence to warrant her conviction for graft and malversation.
The anti-graft court granted the demurrer to evidence filed by Ramos in a 132-page resolution penned by Presiding Justice Amparo M. Cabotaje-Tang. Associate Justices Bernelito R. Fernandez and Ronald B. Moreno concurred.
"Wherefore, the Demurrer to Evidence dated May 30, 2022 filed by accused Estela P. Ramos is granted. Accordingly, the subject cases are dismissed for insufficiency of the prosecution evidence to sustain a judgment of conviction," the dispositive portion of the court’s ruling stated.
A demurrer to evidence, once its filing is by approved by the court, seeks the dismissal of a criminal charge on allegation that the evidence presented by the prosecution is weak to sustain a conviction. The grant of a demurrer to evidence is tantamount to the acquittal of the accused.
Ramos was charged with six counts each of graft under Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act, and Article 217 of the Revised Penal Code on malversation of public funds.
She was accused of signing several check vouchers from October 2005 to 2009 in favor of Batang Iwas sa Droga Foundation (BIDA).
From Oct. 26, 2005 to Dec. 14, 2005, the prosecution alleged that Ramos signed checks for P6,500,000 as donation made by BIDA for goods and services for the Maligayang Barangay Maagang Pasko 2005 project.
Then from Oct. 6, 2006 to Dec. 8, 2006, she signed checks for P7,650,000 for the use of the Pinakamaligayang Barangay 2006 project, the prosecution alleged.
It also claimed that from March 11, 2008 to Dec. 10, 2008, she released the amount of P2,407,000 for the procurement of goods and services for the BIDA comics projects, and from June 2, 2008 to April 11, 2008, issued checks for P12,250,000 for the 2007 BIDA caravan project.
Also, the prosecution alleged that Ramos released P21,240,930 from Feb. 27, 2009 to March 17, 2009 when she provided vouchers that were used for the 2009 Grand BIDA March project.
Lastly, it said she signed check vouchers amounting to P70,193,899.93 from March 16, 2009 to October 26, 2009 that were purportedly for the Anti-Illegal Drugs Advocacy under the cloak of PAGCOR's Corporate Social Responsibility Project.
The prosecution claimed that Ramos "knew fully well the amount was used instead to further the aspiration of BIDA to become a party-list representative at the House of Representatives."
In acquitting Ramos, the Sandiganbayan said there was no evidence proving that she had a role in the selection of BIDA Production as the project partner of PAGCOR.
"Thus, without a positive showing that accused Ramos was involved in the above-mentioned process, the Court holds that the prosecution evidence failed to sufficiently prove its allegation that the accused acted with manifest partiality or that she had a plain inclination or predilection to favor BIDA Production over another," the court said.
At the same time, the court pointed out that the prosecution's evidence show that Ramos did not sign all the cash vouchers (CVs) that were used to procure goods and services for the Grand BIDA March project and the purchase of various advertising placements from several media outlets as some were signed by a different person.
"It is thus unquestionable that the prosecution evidence failed to positively show that the accused took advantage of her official position and through abandonment or negligence, permitted another to take public funds," it said.
Also, the court stressed that the Informations (criminal charge sheets) filed against Ramos failed to properly allege the correct amounts indicated in the CVs which were used as evidence against her.
"Hence, the same accused cannot be convicted of the charges against her; to do so would impinge on her constitutional right to be informed of the nature and cause of the accusations against her," it added.
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