Graft case vs. ex-AFP chief Villanueva dismissed due to 'defective' information

The Sandiganbayan has dismissed the graft case of retired Armed Forces chief Diomedio Villanueva after the prosecution filed a "fatally defective" case information.

"A reading of the information reveals that the prosecution failed to specifically allege that accused acted with 'manifest partiality', 'evident bad faith' and/or 'gross inexcusable negligence', and essential element of the offense charged,"  the Seventh Division said in a 13-page resolution.

"Since the information is fatally defective, the instant case should be dismissed," it added.

The case was in connection with the alleged anomalous refund of P53 million given by the Philippine Postal Corporation (PPC) to Philpost USA, a New York-based corporation established for remailing services to American citizens using the Philippine Postage Indicia.

Based on the case information, Villanueva and his co-accused allegedly conspired when they refunded $1 million or P53 million to Philpost USA as representation of alleged Terminal Dues paid for mail matters sent to the Royal Mail in the United Kingdowm.

The Ombudsman accused Villanueva, former Assistant Postmaster General Antonio Siapno, and former Acting Director Leonildo Basilio of facilitating the refund despite knowing fully well that Philpost USA was not entitled to it, causing a deficit in revenue for PPC.

The Sandiganbayan, however, said the prosecution "failed to use words that would characterize the elements of the offense" such as partiality, bad faith, and gross negligence against the respondents.

"Basic is the rule that every element constituting the offense must be alleged in the information," it said. "An information is fatally defective when an essential element of the crime has not been sufficiently alleged."

Associate Justice Zaldy Trespeses penned the resolution, with the concurrences of Associate Justices Ma. Theresa Dolores Gomez-Estoesta and Bayani Jacinto. —KBK, GMA News