Recom Echiverri scores second acquittal in graft case in four months

Former Caloocan City Mayor and Representative Enrico "Recom" Echiverri scored a second acquittal in a criminal case in four months after the Sandiganbayan dismissed graft raps against him and a falsification of public documents charge against two other ex-Caloocan City officials.

This was in connection with the P1.14-million pathwalk and drainage system improvement project in the city’s Barangay 175 (Lower Matarik) due to lack of evidence.

In a 61-page ruling, the Sandiganbayan Third Division granted the accused’s demurrer to evidence—a filing which contends that the prosecution’s evidence is not enough—by citing that the Office of the Ombudsman itself did not find any irregularity on the public bidding involving the grant of the project’s contract to EVEC company as stated in its January 2017 Resolution recommending the filing of charges against Echiverri and two ex-Caloocan City employees Edna Centeno and Jesusa Garcia.

Moreover, the anti-graft court cited that the Caloocan City Council has approved a number of resolutions setting aside P1.42-billion loan for various development projects and public welfare programs of Caloocan City which includes construction and/or improvement of roads, path walks, bridges, drainage system, among others.

“Jurisprudence teaches that in every criminal conviction, the prosecution is required to prove two things beyond reasonable doubt: the fact of the commission of the crime charged, or the presence of all the elements of the offense and the fact that the accused was the perpetrator of the crime. In these cases, the Court finds that the prosecution has failed to discharge the said burden,” the Sandiganbayan said.

“Thus, the Court is constrained to grant the accused's demurrer to evidence for lack of sufficient evidence to warrant the conviction of the accused of the crimes charged against them. Accordingly, the subject cases are dismissed for insufficiency of the prosecution evidence to sustain a judgment of conviction,” the Sandiganbayan added.

The anti-graft court then argued that public officers enjoy the presumption of regularity in the discharge of their duties and official functions as an aid to the effective and unhampered administration of government functions.

“To overcome this presumption, nothing short of clear and convincing proof is required,” the anti-graft court said.

“After a painstaking review of the evidence adduced by the prosecution, the Court holds that the prosecution failed to overcome the said presumption,” it added.

The anti-graft court then lifted the hold departure orders issued against the accused and ordered the release of the bail bonds posted by the formerly accused subject to the usual auditing and accounting requirements.

In July, the anti-graft court also acquitted Echiverri, Centeno and Garcia over falsification of public documents and graft charges involving the grant of P1.6 million worth of drainage improvement project to a contractor due to insufficient evidence. —KG, GMA News