With no evidence presented by the prosecution, the Sandiganbayan has dismissed the graft case filed against former Bacoor City mayor Jessie B. Castillo and two other persons.

The charge arose from the operation of a dumpsite in Villa Esperanza village in Molino in 1998 allegedly without Environment Compliance Certificate (ECC) or permit from the Environment Management Bureau (EMB) of the Department of Environment and Natural Resources (DENR).

The prosecution claimed that the operation of the dumplsite allegedly caused undue injury to residents and students who had to endure the reported stench, flies, rats, and mosquitoes emanating from the dumpsite.

Aside from Castillo, also charged before the anti-graft court were Villa Esperanza caretakers Melencio A. Arciaga and Emerenciano A. Arciaga.

In dismissing the charge for violation of the Anti-Graft and Corrupt Practices Act, the court said: "In the case at bar, the prosecution did not present any evidence. Thus, it is not just insufficiency of evidence, but a complete absence of evidence. The prosecution failed to discharge its mandate to prove the guilt of the accused beyond reasonable doubt."

The court pointed out that even during the scheduled hearing last April 22, the prosecution had no witness to present and the private complainant, Mary Grace V. Rosal, was no longer interested in pursuing the case.

"Dismissal of cases on the ground of failure to prosecute is equivalent to an acquittal that would bar further prosecution of the accused for the same offense since these dismissals were predicated on the clear right of the accused to speedy trial," the court stressed. 

The nine-page decision was written by Associate Justice Lorifel L. Pahimna with the concurrence of Fourth Division Chairperson Associate Justice Michael Frederick L. Musngi and Associate Justice Juliet M. Manalo-San Gaspar.