Ombudsman not appealing Revilla acquittal in graft case
MANILA, Philippines — The Office of the Ombudsman will not appeal the Sandiganbayan’s dismissal of the 16 counts of graft charges against Sen. Ramon “Bong” Revilla Jr.
In a statement on Thursday, the Ombudsman said it has “rested its case” against Revilla, who was recently acquitted of graft, the last of the charges against him in connection to his alleged participation in the multimillion-peso pork barrel scam.
“The SB First Division voted 3-2 to grant Senator Revilla’s Demurrer to Evidence, and we respect its decision,” the Ombudsman said.
A demurrer to evidence is a legal challenge that paves the way for the dismissal of the case with the accused not needing to present his defense. The anti-graft court’s Special First Division acquitted Revilla on the grounds of insufficiency of evidence.
The Ombudsman cited the policy earlier set by chief graft-buster Samuel Martires it explaining its move to no longer appeal the Sandiganbayan’s ruling.
“Consistent with the defendant’s constitutional right against double jeopardy, Ombudsman Samuel Martires sets the policy of no longer challenging the dismissal of cases/quashal of information and judgments of acquittal, either through a motion to dismiss, a demurrer to evidence or by a decision, rendered by the trial courts or the Sandiganbayan except when the People was clearly deprived of due process or there was mistrial,” it said.
Double jeopardy means having the accused answer twice of the same offense.
The Ombudsman added: “The grant the court of the demurrer is tantamount to an acquittal because the defendant is cleared of the criminal case and is no longer to present his evidence.”
In December 2018, the same Sandiganbayan division cleared Revilla of plunder charge filed over misuse of over P224.5 million worth of public funds. The anti-graft court convicted Cambe and Napoles.
Revilla has since staged a successful political comeback and is a sitting senator. — Kristine Joy Patag with reports from The STAR/Elizabeth Marcelo
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