Malicious prosecution

CEBU, Philippines - Saavedra told to file answer

Prosecutors have directed self-styled whistleblower Crisologo Saavedra to submit a counter-affidavit on the malicious prosecution case filed against him by Governor Gwendolyn Garcia.

The subpoena dated January 5, 2011 was signed by Prosecutors Rhodna Alcala-Bacatan, Anna Lou Fernandez Cavada and Maria Theresa Calibugan-Casiño.

Saavedra said he received the subpoena last Saturday and he has 10 days to controvert the evidence presented by the governor.

The case Garcia filed against Saavedra is her answer to the plunder case Saavedra filed against her before the Office of the Ombudsman for allegedly accumulating ill-gotten wealth amounting to P50 million.

Garcia said she filed the case to protect her family, particularly her children and grandchildren, but Saavedra had insisted he was not exactly accusing the governor of plunder, but was just requesting the Office of the Ombudsman to investigate her.

Garcia, in her affidavit, said Saavedra’s intention in filing a case was to damage her name, goodwill and reputation as governor.

Saavedra filed the case against Garcia last December 8.

Section 2 of Republic Act 7080, as amended, says the crime of plunder is committed by “any public officer who, by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates, subordinates or other persons, amasses, accumulates or acquires ill-gotten wealth through a combination or series of overt or criminal acts described in section 1 (d) in the aggregate amount of at least P50 million.”

A look at Saavedra’s complaint would show that there was no direct accusation or stated proof that Garcia had accumulated or acquired ill-gotten wealth in the aggregate amount of at least P50 million.

In his request, Saavedra said, “for the purpose of establishing the crime of plunder, it shall not be necessary to prove each and every criminal act done by the accused in furtherance of the scheme or conspiracy to amass, accumulate or acquire ill-gotten wealth, it being sufficient to establish beyond reasonable doubt a pattern of overt or criminal acts indicative of the overall unlawful scheme or conspiracy.”

One of the elements of plunder is that the offender, who is a public officer, has amassed, accumulated or acquired ill-gotten wealth through a combination or series of overt or criminal acts. —  (FREEMAN)