Supreme Court turns down government's appeal on Dante Tan's acquittal

MANILA, Philippines - The Supreme Court has rejected the government’s appeal of the acquittal of businessman Dante Tan in two criminal cases for violation of the Revised Securities Act on grounds that he would be placed in double jeopardy.

“This Court finds that the RTC did not abuse its discretion in the manner it conducted the proceedings of the trial, as well as its grant of respondent’s demurrer to evidence,” read the SC decision.

“This Court rules that petitioner was given more than ample opportunity to present its case as gleaned from the factual antecedents which led to the grant of respondent’s demurrer.”

The prosecution was given the chance to prove Tan’s guilt, the SC added.

The SC denied the government’s petition questioning the Feb. 24, 2005 ruling of the Court of Appeals upholding the Pasig Regional Trial Court’s dismissal of the two criminal cases the government had filed against Tan.

The RTC also granted Tan’s demurrer to evidence, which the CA has also upheld.

In demurrer to evidence, the accused waives his or her right to present evidence and asks the court to rule on the case based on evidence presented by the prosecution.

The SC dismissed the government’s contention that it would have been prudent for the RTC to hold in abeyance the resolution of Tan’s demurrer to evidence pending the resolution of its opposition.

“While it would have been ideal for the RTC to hold in abeyance the resolution of the demurrer to evidence, nowhere in the rules, however, is it mandated to do so,” read the SC decision.

The SC decision was penned by Associate Justice Diosdado Peralta. Associate Justices Antonio Carpio, Lucas Bersamin and Roberto Abad concurred in the ruling.

The government has accused Tan of failing to declare with the Securities and Exchange Commission and the Philippine Stock Exchange the amount of shares he owned in Best World Resources Corp.

Records showed that the Department of Justice filed on Dec. 21, 2000 two information for violation of Revised Securities Act against Tan before the Pasig RTC.

These were different from the case of insider trading filed against Tan and seven others also in connection with the BWRC.

The government said Tan owned 159,030,000 BWRC shares.

After arraignment, he pleaded not guilty to both charges.

The RTC did not admit all the evidence presented by the prosecution against Tan.

On Dec. 18, 2003, Tan filed a motion to admit his demurrer to evidence, which was granted by the RTC on March 16, 2004.

The DOJ questioned the trial court’s ruling which the CA denied on June 14, 2004.

The CA denied the DOJ’s motion for reconsideration on Feb. 24, 2005, prompting the government to elevate the case before the SC.