SC upholds dismissal of graft raps vs ex-Comelec chair Abalos over NBN-ZTE deal

The Supreme Court has affirmed the Sandiganbayan's decision acquitting former Commission on Elections chairman Benjamin Abalos in graft cases in connection with the $329 million National Broadband Network (NBN) deal.

In a 15-page resolution promulgated on June 14 but made public on November 16, the SC said the petition filed under Rule 65 if the Rules of Court, assailed the May 11, 2016 decision of the Sandiganbayan Fourth Division which acquitted Abalos of the charge of violation of Section 3 of the Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act, for failure of the prosecution to establish his guilt beyond reasonable doubt.

In 2016, the Sandiganbayan acquitted Abalos after it found that he brokered the collaboration between Amsterdam Holdings, Inc. (AHI) and ZTE, not the contract between ZTE and the Philippine government for a fee.

While Abalos admitted attending meetings with officers from ZTE and the Philippine government, the Sandiganbayan said evidence was "minimal or sketchy" to conclude he asked favors.

The high court rejected the petition for certiorari filed by the Philippine government as it was the wrong remedy to correct errors of judgment and without proof Sandiganbayan committed grave abuse of discretion, Abalos would be placed in double jeopardy if the acquittal was reviewed. -Ma. Angelica Garcia/NB, GMA News