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Sandiganbayan affirms Neri acquittal in NBN-ZTE case

December 23, 2016 | 11:59am

Sandiganbayan affirms Neri acquittal in NBN-ZTE case

The court said an acquittal is immediately executory and final. File photo

MANILA, Philippines — The Sandiganbayan anti-graft court has dismissed with finality the graft case against former socio-economic planning chief Romulo Neri, which stemmed from the botched $329-million National Broadband Network deal with Chinese corporation ZTE.

In a four-page ruling dated November 29, but released to the media on Friday, the court's Special Fifth Division said Neri's acquittal from the case is no longer appealable by the prosecution as it would be tantamount to double jeopardy, or to subjecting an accused to trial twice on the same charges, facts or evidence already ruled on by the court.

“It is settled that a judgment of acquittal is immediately final and cannot be appealed by reason of the constitutional proscription against double jeopardy. It cannot be modified in any respect, nor be subject to change, revision, amendment or reversal,” the ruling penned by division chairman Associate Justice Roland Jurado read.

Associate Justices Alexander Gesmundo and Ma. Theresa Dolores Gomez-Estoesta concurred in the ruling.

The Fifth Division pointed out that a judgment of acquittal can only be assailed through a Petition for Certiorari, which must prove that the court acted with grave abuse of discretion amounting to lack or excess of jurisdiction.

“Here, no such abuse of discretion is being ascribed on the court by the prosecution in its motion [for reconsideration] as there is clearly none. It being thus obvious that the prosecution simply seeks an ordinary review of the evidence, this remedy may not be resorted to,” the court said.

Further, the court said the prosecution's motion for reconsideration also failed to raise any new relevant matters that would warrant the reversal of the original ruling.

“Wherefore, premises considered, the motion for reconsideration filed by the prosecution is denied,” the court said.

On September 9, 2016 the court granted Neri's demurrer to evidence, which sought the dismissal of the case for the prosecution's supposed failure to prove the allegations against him after it presented all its evidence and witnesses.

The case against Neri involved a supposed violation of Section 3(h) of Republic Act 3019, or the Anti-Graft and Corrupt Practices Act, which prohibits public officials from “directly or indirectly having financial or pecuniary interest in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest.”

Filed by the Office of the Ombudsman in 2011, the case was in connection with the $329-million National Broadband Network deal entered into with Zhing Xing Telecommunications Equipment Inc. (ZTE) in 2007 during the term of President Gloria Macapagal-Arroyo.

Arroyo, now congressional representative for Pampanga's 2nd District, eventually cancelled the deal after allegations of anomalies started hitting the headlines.

'No proof of commission'

The ombudsman said Neri, as then head of the National Economic and Development Authority, approved the overpriced contract with ZTE after being offered a P200-million commission by then Commission on Elections Chairman Benjamin Abalos.

In its September ruling, the Fifth Division said none of the witnesses or evidence presented by the prosecution can prove that Neri demanded or received the supposed commission.

“More importantly, even assuming that Neri was offered the amount, there was no concrete proof that he either accepted the offer or received the money...The initiative to obtain a financial or monetary interest did not even come from Neri but from another, Abalos in this case,” the court said in its original ruling.

Arroyo, her husband Jose Miguel Arroyo and Abalos were earlier acquitted by another division of the Sandiganbayan of their respective cases in connection with the NBN-ZTE deal.

The Fourth Division granted their respective demurrers citing the prosecution's “insufficient evidence”.