Metro Manila (CNN Philippines, October 21) — Citing lack of evidence, the Sandiganbayan dismissed graft and falsification charges against former Caloocan City Mayor Enrico “Recom” Echiverri and two other former city officials.
The court’s Third Division acquitted Echiverri, former city accountant Edna Centeno and former city budget officer Jesusa Garcia of falsifying public documents in connection with various infrastructure projects totaling tens of millions of pesos.
For allegedly awarding the contracts without the city council’s authorization, 13 counts of graft and 13 counts of falsifying public records were filed against the former city officials.
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The Sandiganbayan granted the demurrer to evidence – the plea that seeks dismissal of a case due to weak prosecution evidence and without the defense presenting its own – filed by the ex-Caloocan officials.
According to the 71-page decision dated Oct. 14, the court junked the charges due to “insufficiency of the prosecution evidence to sustain a judgment of conviction.”
The Sandianbayan cited a decision by the Commission on Audit en banc which stated that even without the approval of the city council, Echiverri had the authority to transact and authorize contracts as mayor of Caloocan.
The decision also pointed out that the City Development Council of Caloocan has adopted and unanimously approved a resolution allotting ₱280.479 million worth of development programs, projects and activities for Caloocan.
The anti-graft court noted that, as Centeno and Garcia’s certifications were supported by official documents from the city, the Ombudsman was unable to prove that the certifications they issued while serving were false.
“In these cases, the court finds that the prosecution has failed to discharge the said burden,” the resolution stated.
