Sandiganbayan dismisses graft raps vs. ex-MRT exec Vitangcol

The Sandiganbayan has dismissed due to lack of evidence the graft charges against former Metro Rail Transit general manager Al Vitangcol III in connection with his alleged extortion of $30 million from a Czech supplier of rail cars.

The Sandiganbayan's Sixth Division granted Vitangcol's demurrer to evidence or challenge to the prosecution's presented evidence.

Hearsay evidence

In a 25-page decision, the anti-graft court said government prosecutors relied too much on the affidavit of its two witnesses namely former Czech Ambassador to the Philippines Josef Rychtar and Inekon chairman of the board Josef Husek.

This, despite the affidavits being considered hearsay since Rychtar and Husek did not testify before the Sandiganbayan’s Sixth Division.

“Jurisprudence dictates that an affidavit is merely hearsay evidence when its affiant or maker did not take the witness stand," the court decision read.

"Basic is the rule that, while affidavits may be considered as public documents if they are acknowledged before a notary public, these affidavits are still classified as hearsay evidence,” it added. 

“The reason for this rule is that they are not generally prepared by the affiant, but by another one who uses his or her own language in writing the affiant’s statements, parts of which may thus be either omitted or misunderstood by the one warring them,” the court daid.

The Sandiganbayan said the refusal of both witnesses to testify as regards their affidavits also deprived the camp of the accused to cross-examine Rychtar and Husek.

“For this reason, affidavits are generally rejected for being hearsay, unless the affect themselves are placed on the witness stand to testify thereon,” the anti-graft court said.

The Sandiganbayan said that the prosecution’s other witness, Rholie Besoña of the Ombudsman’s Field Investigation Office (FIO), did not have personal knowledge of the factual circumstances of the case.

“The prosecution has the burden of proving beyond reasonable doubt each element of the crime as its case will rise or fall on the strength of its own evidence. Unless it sufficiently discharges that burden, the accused need not even offer evidence in his behalf, and he would be entitled to an acquittal,” the Sandiganbayan said.

The anti-graft court also lifted the Hold Departure Order against Vitangcol and ordered the release of the cash bond that he posted.

‘Long overdue’

"It [acquittal] is long overdue. From the beginning, this has been a harassment case," Vitangcol told reporters.

"The Sandiganbayan gave the prosecution so much leeway but in the end, the truth prevailed," he added.

The same graft raps vs. Wilson De Vera, one of the incorporators of PH Trams, was also dismissed.

In October 2012, PH Trams, then in a joint venture with CB & T Builders, won a P517-million, one-year maintenance contract for MRT3.

PH Trams had capital of P625 million and one of its incorporators, Arturo Soriano, is Vitangcol's uncle by marriage—a fact that Vitangcol failed to disclose to the Bids and Awards Committee.

The dismissal of the graft raps vs. Vitangcol and De Vera involving their alleged extortion happened after almost four years since state prosecutors filed the case against them.

In May of this year, the Sandiganbayan allowed Vitangcol and De Vera to file demurrer to evidence. — DVM/NB/BM, GMA News