The Sandiganbayan has acquitted Quezon City Assistant City Prosecutor Raul Y. Desembrana of a graft charge on his alleged extortion of P80,000 from a litigant in exchange for a favorable resolution in 2014.
Desembrana reportedly violated the provision of the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019) when he allegedly extorted P80,000 from Dr. Alexis S. Montes as "consideration" for the dismissal of the case against the physician.
In its decision, the anti-graft court said that while Desembrana acted with manifest partiality and evident bad faith when he solicited and received the money to dismiss the case against Montes, the prosecution failed to prove that Montes suffered undue injury.
"The allegation that Dr. Alexis [Montes] suffered undue injury when accused Desembrana demanded, solicited, and received the P80,000 in exchange for a favorable resolution of the case is clearly not established," the court said.
Montes testified he had no money and he did not participate during the entrapment operation and that he did not provide any money for the entrapment operation against Desembrana, the court said.
Instead, the court pointed out that it was Dr. Conor Jan R. Montes who provided P4,000 which was placed on top of "boodle money" from lawyer Ephraim B. Cortez.
"In this case, the prosecution failed to prove with factual basis and reasonable degree of certainty the actual loss or damage sustained by Dr. Alexis," it said.
It stressed that the undue injury dictated by Section 3(e) of RA No. 3019 should be "specified, quantified, and proven to the point of moral certainty."
First Division Chairperson Efren N. De La Cruz wrote the decision with the concurrence of Associate Justices Geraldine Faith A. Econg and Michael Frederick L. Musngi.