Sandiganbayan junks perjury case vs Abadia

Manila, Philippines - The Sandiganbayan has dismissed a perjury case against former Armed Forces chief Gen. Lisandro Abadia, citing the prosecution’s failure to present original documents to prove that he had lied about some information in his statements of assets and liabilities and net worth (SALNs) for 1993 and 1994.

In a 19-page ruling penned by Associate Justice Samuel Martires, the Sandiganbayan second division said the prosecution’s evidence was inadequate and that he was not even given the chance to correct any inaccuracies in his SALN.

The Sandiganbayan second division chaired by Presiding Justice Edilberto Sandoval was the same court that approved the plea bargain deal between state prosecutors and former military comptroller and accused plundered Carlos Garcia. It was also Martires who penned the ruling on the plea bargain agreement.

Abadia was accused of putting wrong information in his SALN in violation of Repubic Act 6713 or the Code of Conduct and Ethical Standards of Government Officials and Employees. The Sandiganbayan said a photocopied SALN is not enough evidence to convict Abadia for perjury.

“Failure of the Ombudsman to observe these procedural requirements render the filing of the instant case against Gen. Abadia premature,” the decision read.

In the perjury case, filed in 2005, Abadia was accused of not declaring his net worth in 1993 even if he had posted his assets at more than P7 million, which included proceeds from the sale of P4.264-million worth of stocks in Palawan Oil and Gas Corp.

The Office of the Ombudsman said the proceeds from the stock sale were indicated in the 1993 SALN even if the actual sale happened in January 1994.

The Sandiganbayan said government lawyers submitted only photocopies of Abadia’s SALN. It dismissed testimony from Malacañang records officer Elenita Gatbunton that she could not find the original or certified true copies of Abadia’s SALN.

The anti-graft court said the prosecution should have looked elsewhere for originals or certified true copies of such documents like in the Civil Service Commission, the AFP-Office of Ethical Standards and Public Accountability, Command Military Personnel File (deputy chief of staff) and Field Unit MPF.