Sandiganbayan acquits ex-Caloocan City mayor Echiverri

Former Caloocan City mayor Enrico Echiverri has secured his first acquittal from charges filed against him at the Sandiganbayan.

The First Division said it acquitted Echiverri of the crime of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act due to the "failure of the prosecution to establish their guilt beyond reasonable doubt."

Former city accountant Ednan Centeno and former city budget officer Jesusa Garcia were also acquitted by the court.

Echiverri, meanwhile, still has 43 more sets of graft cases pending at the Sandiganbayan in connection with the P1.4 billion loan he entered with the Landbank of the Philippines (LBP) for the city's various infrastructure projects. Out of the P1.4 billion, he allegedly misused P235.65 million.

The former mayor was cleared from the case based on the local government's road and drainage systems improvement projects in 2011.

Ombudsman prosecutors had charged Echiverri and his co-accused of graft for allegedly giving unwarranted benefits to P.B. Grey Construction for the improvement of roads and drainage system in Phase 6, Green Valley, Barangay 178 worth P8 million.

The prosecution said the contract was part of the loan that Echiverri, on behalf of the city government, agreed with LPB.

The prosecution based its complaint on the findings of the Commission on Audit (COA) that Echiverri had no approval from the city council to sign an agreement with LBP.

However, the Sandiganbayan said the prosecution failed to consider the COA's reversal of its audit against Echiverri in an en banc decision dated June 19, 2015. The COA ruled that it was within the powers of the local government to implement the projects.

"The above decision of the COA En Banc bears considerable persuasive effect in the disposition of these cases. Effectively the instant charges have become crippled sans any support to withstand the heavy burden of the constitutional requirement that a prosecution should be based on evidence beyond reasonable doubt in order to convict," it said.

The Sandiganbayan said the city council actually issued an ordinance appropriating the loan for the improvement and construction of public facilities such as sports centers, public markets, barangay halls, vehicle terminals, drainage systems, and road improvements.

"It must be stressed that, strictly speaking, there was actually appropriation ordinance which could serve as authority for the accused mayor to initiate development projects to be funded from the proceeds of the loan agreement with the LBP," the 40-page decision said.

The anti-graft court said there was no irregularity when Echiverri and his co-accused tapped P.B. Grey for the project since the firm underwent proper bidding procedures to qualify for the contract.

"It appears crystal clear that the prosecution failed to prove the charges in the instant criminal cases with the required quantum of proof in order to convict at this stage of the proceedings," the Sandiganbayan said.

Associate Justice Edgardo Caldona penned the decision, with the concurrence of Associate Justices Efren De La Cruz and Geraldine Faith Econg. —ALG, GMA News