THE Sandiganbayan affirmed on Wednesday its dismissal of the corruption charges against former President and now Pampanga Rep. Gloria Macapagal Arroyo, saying there really is no evidence to prove that the former leader was involved in any irregularity in a project with Chinese firm ZTE Corp.
In a five-page resolution, the Sandiganbayan Fourth Division denied the motion for reconsideration filed by state prosecutors, which sought to overturn the August 8 ruling granting Arroyo’s demurrer to evidence.
“After a reading of all the arguments of the prosecution and the accused, this Court finds the arguments of the prosecution insufficient to warrant the reversal of the questioned Resolution,” said the anti-graft court’s Fourth Division in denying the appeal of prosecutors.
Government lawyers filed the appeal seeking to reverse the Sandiganbayan’s August 8 decision granting Arroyo demurrer to evidence which asks the court to determine the merits of the case based on submitted evidence.
In affirming the dismissal of criminal charges against Arroyo, the Sandiganbayan said state prosecutors failed to raise “new and substantial arguments” that would warrant a reversal of the court’s ruling.
“To reiterate, considered in its entirety, the pieces of documentary as well as testimonial evidence adduced by the accused were found to be insufficient to prove the guilt of accused GMA [Arroyo’s initials],” the court said.
State prosecutors had earlier argued that the testimony of former socioeconomic planning secretary Romulo Neri that former elections commissioner Benjamin Abalos tried to bribe him with P200 million for the immediate approval of the ZTE proposal was sufficient evidence.
State prosecutors said Arroyo violated the Code of Conduct and Ethical Standards for Public Officials and Employees by accepting a gift from ZTE, and allowing the company to foot the bill for her lunch and a game of golf in China.
The former President, however, argued that a dismissal order arising from the grant of a demurrer to evidence amounts to an acquittal and cannot be appealed, as it would be tantamount to double jeopardy.
The court sided with Arroyo’s argument, saying an acquittal in a criminal case is final and executory upon its promulgation.