By Czarina Nicole Ong Ki  Management Analyst Alexis Jude Dela Cruz of Sarangani has been acquitted by the Sandiganbayan Fifth Division of his Malversation of Public Funds thru Falsification of Public Documents and graft charges due to the failure of the prosecution to prove his guilt beyond reasonable doubt. Sandiganbayan (MANILA BULLETIN FILE PHOTO) His charges -- one violation of Article 217 in relation to Article 171 paragraph 2 and Article 28, all of the Revised Penal Code and two counts of violation of Section 3(e) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act -- were due to his act of reportedly falsifying Disbursement Voucher No. 401-2002-5-63 by making it appear that financial assistance in the amount of P250,000 had been requested by Bamboo Craftsman of Datal Batong, Malungon, Sarangani on May 29, 2002. Charged alongside him are Sarangani Governor Miguel Draculan Escobar, then Malungon Vice Mayor Reynaldo Constantino, his Executive Assistant Amelia Carmela Constantino and Accountant IV Suzette Ocaya Clerigo. In this case, the anti-graft court sought to determine whether Dela Cruz, allegedly in conspiracy with Escobar and Constantino, may still be held liable given the fact that the Supreme Court has already granted their Petition for Certiorari and junked their charge. The prosecution witness and whistleblower Mary Ann G. Gadian testified that it was Dela Cruz who prepared the fictitious undated letter addressed to Escobar supposedly coming from Melanie Sunio of Bamboo Craftsman, requesting for financial assistance for a bamboo furniture project. She also testified that Dela Cruz prepared the corresponding disbursement voucher and that he received P10,000 out of the P250,000 financial assistance released. Dela Cruz denied any involvement, asserting that his only participation was to certify that funds were available for the project. The anti-graft court noted that the prosecution was unable to prove that Dela Cruz indeed received the P10,000. Gadian herself testified admitted during cross-examination that it was only Constantino's daughter, Amalia Zoleta, who informed her of the arrangement. "Without sufficient proof of receipt by the accused of the P10,000 and in the absence of clear and credible evidence, Dela Cruz's participation in the conspiracy cannot be established with reasonable certainty," the decision read. The court said it was the responsibility of the prosecution to prove the accused's acts of conspiracy "convincingly and indubitably." Since this burden was not overcome, judgment has been rendered acquitting Dela Cruz. The 37-page decision was written by Chairperson Rafael Lagos with the concurrence of Associate Justices Maria Theresa Mendoza-Arcega and Maryann E. Corpus-Mañalac.