Prosecution asks Sandiganbayan to order Bong Revilla to pay P124.5M for civil liability

State prosecutors are asserting that former Senator Ramon Bong Revilla Jr. is still "solidarily liable" to return P124,500,000 to the government along with his co-accused businesswoman Janet Lim Napoles and lawyer Richard Cambe for civil liability, despite the former lawmaker's acquittal from plunder charges in connection to the multi-billion-peso pork barrel fund scam.

In a document filed with the Sandiganbayan on Jan. 28, 2019, the prosecution said that though Revilla was declared not guilty of plunder, he was not declared to be without civil liability because the decision that was promulgated on Dec. 7, 2018 was "based merely on reasonable doubt and not due to the absolute failure of the prosecution to prove his guilt."

If Revilla was indeed not civilly liable, the decision "would have explicitly declared it," the document stated.

It was also pointed out that the dispositive portion of the decision in Revilla's plunder case did not exclude and exempt him from paying for civil damages as the collective term "accused" was used.

"Had the Court wanted to exclude Revilla, it could have simply and easily named Cambe and Napoles in the third paragraph, as it did in the first paragraph. It would not have used the collective term "accused" without exception and distinction," the prosecution said.

The prosecution also underscored that the decision has reached finality because Revilla already failed to timely file a motion for reconsideration or appeal for the said liability.

‘What shall we return?’

The camp of Revilla, on the other hand, maintained that the dispositive portion of Sandiganbayan’s decision supports that the former senator is not obliged to return any monetary amount to the government.

“Revilla did not receive, directly or indirectly, rebates, commission, and kickbacks from his PDAF (Priority Development Assistance Fund). What then shall he return?” lawyer Estelito Mendoza, legal counsel of Revilla, said in a statement.

Citing Article 100 of the Revised Penal Code, Mendoza emphasized that civil liability is not applicable to Revilla because he was not declared by the court as criminally liable.

“In criminal cases, ‘justice’ is served where the guilty is found to have committed the offense charged beyond reasonable doubt; otherwise he may not be punished by any measure,” he said.

Revilla’s camp also sought answers on how the former senator can have justice for the “destruction of his reputation” and his incarceration for more than four years.

The Sandiganbayan in December acquitted Revilla from plunder in connection with the multi-billion-peso pork barrel fund scam.

Napoles and Cambe, on the other hand, were found guilty and were sentenced to reclusion perpetua.  — RSJ, GMA News