Sandigan clears ex-Caloocan mayor Echiverri anew over 'anomalous' infra projects

The Sandiganbayan has acquitted former Caloocan City Mayor Enrico Echiverri anew over the alleged anomalous infrastructure projects worth P979 million which he approved during his term.

In a resolution dated June 13, the court's Fifth Division granted the demurrer to evidence of Echiverri, thus ordering the dismissal of his graft charge.

The bail bond of Echiverri and the hold departure order against him were ordered released and recalled, respectively.

The Sandiganbayan also cleared Echiverri's co-accused, former city officials Edna Centeno and Jesusa Garcia, from their charges of graft and falsification of public document.

They were indicted in connection with the P4.9-million improvement of roads and drainage system at Phase 10, Pkg. 5, Bagong Silang, Barangay 176 between May to December 2011.

This was part of the P979-million loan of Echiverri from the Land Bank of the Philippines for various infrastructure projects in the city. In this case, the prosecution said Echiverri gave undue advantage to P. B. Grey Construction (PBGC) since he had no prior authorization from the city council.

Echiverri, in his demurrer, said the prosecution failed to prove his guilt. He noted that he belatedly received an authority from the council for the project.

The Sandiganbayan said the case against Echiverri stemmed from the 2015 notice of disallowance of the Commission on Audit, which was later set aside after the approval of a lumpsum appropriation to pay for  the loan.

It also cited the 2018 ruling of the Supreme Court, affirming the acquittal of Echiverri in two other related cases. This decision has been a key factor for the Sandiganbayan to dismiss the other charges against Echiverri.

The SC had said the implemented projects complied with procurement processes and had the approval of the council, as stated in the COA en banc resolution reversing the notice of disallowance on the project.

"Wherefore, the joint demurrer to evidence is hereby granted. Accused Enrico Echiverri, Edna Centeno and Jesusa Garcia are therefore acquitted of the crime of violation of Section 3(e) of RA No. 3019 for failure of the prosecution to establish their guilt beyond reasonable doubt," the Sandiganbayan said.

"Similarly, accused Edna Centeno and Jesusa Garcia are acquitted of the crime of falsification of public document," it added.

String of acquittals

Echiverri was initially indicted for more than 50 criminal cases at the Sandiganbayan.

He secured his first acquittal from the First Division in April last year, where he was accused of graft for the improvement of roads and drainage system in Phase 6, Green Valley, Barangay 178 worth P8 million. This was followed by another resolution two months later.

Both resolutions became the basis of the SC ruling, which is now being cited by succeeding decisions of the Sandiganbayan.

The First Division again cleared Echiverri in December 2018 for his case on the P1.78-million improvements in the pathwalk and drainage system of Bagong Silang, Barangay 176.

In February 2019, Echiverri secured another victory, this time at the Second Division, over the alleged anomalous improvement of the drainage system at Pleasant View Subdivision, Kaybiga, Barangay 165 worth P2.75 million.

This was followed by an April 3 ruling from the Sixth Division. It said the prosecution failed to prove that the P16.4-million road and drainage improvement of Azalea and Sto. Nino Streets in Barangay 177 was anomalous.

Prior to the June 13 resolution, the Third Division held on June 10 that there was insufficient evidence to continue the trial against Echiverri in connection with the P1.962-million drainage improvement on Saplungan street in Barangay 179. — MDM, GMA News