Sandigan affirms Neri acquittal in ZTE graft case

MANILA, Philippines - The Sandiganbayan has dismissed with finality the graft case filed against former National Economic and Development Authority (NEDA) director general Romulo Neri in connection with the botched $329-million national broadband network (NBN) deal with a Chinese company.

In a four-page ruling dated Nov. 29 and released to the media yesterday, the anti-graft 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 that have already been ruled upon 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 with the ruling.

Citing provisions of the Rules of Court as well as previous Supreme Court decisions, 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 Sept. 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 involves violation of Section 3 (h) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, which prohibits a public official 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 NBN deal entered into with Chinese company Zhing Xing Telecommunications Equipment Inc. (ZTE) in 2007 during the term of former president and incumbent Pampanga Rep. Gloria Macapagal-Arroyo.?Arroyo eventually cancelled the deal after allegations of anomaly started hitting the headlines.?The ombudsman said Neri, as then head of the NEDA, approved the overpriced contract with ZTE after being offered 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 P200-million 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.