A former mayor of Sumisip, Basilan, accused of using the town’s P2 million as collateral for a personal loan, has been acquitted by the Sandiganbayan.
The anti-graft court’s Second Division ordered the outright dismissal of the case against Haber Amin Asarul after granting his motion for a demurrer to evidence.
An accused can file a motion for a demurrer to evidence to contest the sufficiency of the evidence presented by the prosecution.
However, an accused loses the right to contest the evidence filed against him if his demurrer to evidence is rejected by the court unless the respondent first secured a leave of court to file the demurrer to evidence.
Asarul told the court that no sufficient evidence was presented by prosecution to find him guilty for violation of the Anti-Graft and Corrupt Practices Act and the Local Government Code.
Ombudsman prosecutors failed to present to the witness stand private complainant Al-Mashour Alibasa, who claimed in his affidavit that the former mayor entered into a transaction with him using the town funds, Asarul said.
He added the government suffered no undue injury in light of the fact that the P2 million was never withdrawn from the funds of the municipality.
“The court is convinced that the element of undue injury appears to be absent, or at best remains doubtful, in that the prosecution failed to prove the same to the point of moral certainty,” the Sandiganbayan said.
“Here, no witness was presented by the plaintiff to prove with certainty the personal character of the loan taken out by accused movants… It cannot be concluded that the checks were also issued for private purposes,” it added.