Ex-PNP chief Purisima challenges evidence in perjury case

Former Philippine National Police chief Alan Purisima has sought to challenge the evidence in his perjury case at the Sandiganbayan over his alleged omission of properties in his Statement of Assets, Liabilities, and Net Worth (SALN).

Purisima filed a motion for leave to file demurrer to evidence before the Second Division on March 4, assailing the sufficiency of the prosecution's accusations against him.

Purisima needs to secure the approval of the Sandiganbayan for a leave of court first so he can submit his rebuttal evidence. He, nonetheless, attached the demurrer in his motion.

Purisima allegedly failed to declare a property belonging to his wife, Maria Ramona Lydia Purisima, covered under Certificate of Land Ownership (CLOA) number CA-25916, in his SALN for 2006 and 2007.

Two more of Mrs. Purisima's properties of —CLOA number VOS-28452, and a property acquired through a deed of donation dated May 12, 2008—and Purisima's own property under CLOA number VOS-28012 were all also allegedly omitted in the succeeding SALNs.

The former PNP chief then supposedly failed to include a HPRFL BMSTR 223 firearm and an STI 40 pistol in his SALN for 2011. The list also included a CZ 9MM SPO1 Shadow firearm and a HPRFL UDMC 556 in the SALN for 2012 and 2013, respectively.

However, Purisima said the prosecution failed to prove that he made a "willful and deliberate assertion of a falsehood."

He said Ombudsman prosecutors did not even secure copies of his SALNs from the Office of the President, which is the legal custodian of his SALNs before his appointment as PNP Director General.

"The prosecution, through its documentary and testimonial evidence, undoubtedly failed to prove the third and key element of the crime of perjury. Absent such element, the prosecution failed to make out and/or sustain a case for perjury against accused," Purisima said.

He said the main prosecution witness himself, graft prevention and control officer Don Esquivel, admitted in court that the investigating team did not attempt to secure copies of the SALN from the OP nor did he have any knowledge as to how the documents were prepared.

Esquivel also told the Sandiganbayan during his testimony that the properties had no occupants when they conducted ocular inspections, according to Purisima.

Purisima thus said the presumption of innocence tilts in his favor due to lack of malice on the details stated in his SALNs.

"Since the prosecution failed to discharged its burden of proving accused's guilt beyond reasonable doubt, accused is entitled to a dismissal of the case and an acquittal from the charges against him," he said.

Purisima also faces graft charges at the Sandiganbayan over the alleged anomalous courier service deal the PNP entered in 2011.

Meanwhile, his case in relation to the bloody Mamasapano encounter in 2015 that killed 44 PNP Special Action Force commandos has yet to proceed due to a temporary restraining order from the Supreme Court. — BM, GMA News