Sandigan affirms acquittal of GMA, Mike A, Abalos in ZTE

MANILA, Philippines - The Sandiganbayan has affirmed the dismissal of a second graft case against former president Gloria Macapagal-Arroyo stemming from the ZTE national broadband network (NBN) deal anomaly.

In another ruling released yesterday, the anti-graft court’s Fourth Division said the prosecution’s motion seeking a reversal of its earlier decision is being junked for lack of merit.

The Sandiganbayan said government lawyers failed to present new evidence or arguments that would warrant a change in its decision on the demurrers to evidence filed by the former president, former first gentleman Jose Miguel Arroyo and former elections chief Benjamin Abalos Sr.

Last week, the same division of the anti-graft court affirmed its Aug. 8, 2016 decision junking the other graft case of the former president.

“The rule against double jeopardy prescribes a reconsideration or reversal of a judgment of acquittal on the merits,” the Sandiganbayan said.

“It is well-settled that an acquittal in a criminal case is final and executory upon its promulgation and accordingly, the state may not seek its review without placing the accused in double jeopardy,” the Sandiganbayan stressed.

In its original decision, the anti-graft court acquitted all of the accused in the cases for failure of the prosecution to prove its accusations halfway through the trial.

Their demurrers to evidence sought the dismissal of the graft cases for lack of evidence and other grounds, including claiming that the $329-million contract was actually cancelled and that conspiracy was not established.

The Sandiganbayan said that “even if this court finds and considers that the NBN-ZTE contract… contain certain provisions that are grossly and manifestly disadvantageous, it should be remembered that the (contract)… was already cancelled by accused (former president Arroyo).”